Is it permissible to hire someone for monthly service for a known wage?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 1 · Bab 1

Open in Qurani

Primary text

It is permissible to hire a person, male or female, free or enslaved, for service on a monthly basis for a known wage. This is the opinion of Abu Hanifa, Al-Shafi'i, and Abu Thawr because substitution is permissible in service contracts, and the employee is not restricted to being one who performs acts of worship for their own sake. Ahmad stated that a hired servant working on a monthly basis should attend the Eid prayers and the Friday congregational prayer, although it is not a strict condition for the validity of the contract.

Supporting text

Ahmad permitted the hired servant to voluntarily perform two Rak'ahs (of prayer) provided it does not harm the employer's service. This permission is granted because the times of obligatory prayer are excepted from the service obligation, similar to how they are excepted for a person in I'tikaf, allowing them to temporarily leave their place of seclusion.