What is the recourse if a hired laborer performs work for another party using the equipment provided by the employer?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If a hired laborer uses the employer's means (such as donkeys) to perform work for a third party, and this causes damage to the employer, the employer has recourse against the laborer for the value of the damage sustained due to the laborer being occupied elsewhere. This implies that if no harm is caused to the employer, the laborer owes nothing, as the stipulated service was fulfilled completely, analogous to the case where a laborer performs an unrelated act, like reading the Quran, during the contracted work period, in which case recourse is available if the employer is harmed by the lost benefit.
Supporting text
Another interpretation suggests that the recourse is for the value of the work performed for the third party, as the laborer diverted the contracted benefit to another's service. Alternatively, the meaning may be that the employer is entitled to the wages the laborer received from the third party, since the laborer's services during that time belonged to the employer.