Is it permissible for a worker to accept a surplus payment when undertaking a task for which a price has already been agreed?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The ruling regarding a craftsman accepting an additional surplus payment beyond the agreed-upon wage for work undertaken is subject to scholarly deliberation. Imam Ahmad initially expressed uncertainty regarding the matter, suggesting it contained some complexity. However, a distinction was drawn later, implying that if the worker had contributed something specific to the work (like cutting fabric or supplying needles), the matter becomes easier to permit. Al-Nakhai permitted a tailor to contract for clothes for a known wage, and then accept an additional amount if he performed some action on them, such as cutting, specifying parts, or supplying needles or thread. If he did not contribute anything further, he must not take a surplus.
Supporting text
The prevailing principle within the School (Madhab) suggests that accepting a surplus is permissible, regardless of whether the worker provided any additional contribution. This ruling is analogized to the permissibility of selling or leasing an object; if accepting the original wage or less is permitted, then accepting more (a surplus) should also be permissible, similar to established rulings in sale and lease contracts.