When is a joint laborer (Ajir Mushtarak) liable for damage to entrusted goods?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The joint laborer is liable for damage if the work is conducted on his own property, such as a baker working in his own oven or a launderer/tailor in their respective shops. The basis for this liability stems from the nature of their engagement where they retain control over their workspace and tools.
Supporting text
If a man summons a baker, tailor, or launderer to work in the employer's house or in his presence, the laborer is not liable for accidental damage unless there is gross negligence (tafrit). This is because the employer has conceded control to the laborer, placing the laborer in the position of a specialized laborer (Ajir Khass).