Is it permissible to hire someone to stay with a debtor whom the employer has a right to detain?
General Chapter
Al-Mughni
Book of Leasing
Primary text
It is permissible to hire a man to remain with a debtor whom one is entitled to detain. Imam Ahmad initially stated there is no objection, reasoning that the hired person keeps the debtor occupied, and since the ruler typically rules with justice, the assumption is that the creditor is in the right, validating the proxy action of the creditor.
Supporting text
Imam Ahmad later expressed a preference against this practice, finding it less preferable because it tends toward conflict, imposes hardship on a Muslim, and carries the risk that the creditor might be an oppressor, leading the hired person to assist in that injustice. Nevertheless, it remains permissible overall due to the presumption of rightfulness.