Is it permissible to hire someone for acts whose benefit is prohibited (Haram)?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 1 · Bab 1

Open in Qurani

Primary text

It is not permissible to hire (Istia'jar) someone to perform actions whose benefit is prohibited, such as adultery (Zina), playing musical instruments (Zumar), lamentation (Niyah), and singing. This view is held by Malik, Al-Shafi'i, Abu Hanifa and his two companions, and Abu Thawr. The prohibition stems from it being a prohibited benefit, analogous to hiring out one's female slave for adultery.

Supporting text

Al-Sha'bi and Al-Nakha'i disliked it because it is intrinsically Haram, thus making hiring for it invalid, similar to the hiring for adultery.