What is the ruling regarding the liability (guarantee) of the jointly hired laborer (Al-Ajir Al-Mushtarak)?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The jointly hired laborer, defined as one contracted for a specific task (like sewing a garment, building a wall, or transport to a specific place), or one hired for a duration where the hirer does not claim exclusive benefit, is a guarantor for any damage caused by his actions. This includes the weaver if he spoils the weaving, the launderer (Qassar) if he damages items during washing, pressing, or squeezing, the cook if he spoils his dish, the baker if he spoils his bread, the porter if the carried load falls or is damaged due to his stumbling, the camel driver if damage occurs from leading, driving, or the failure of the rope securing the load, and the sailor if damage occurs from his handling or maneuvering of the ship. This view is narrated from Umar, Ali, Abdullah ibn Utbah, Shurayh, Al-Hasan, and Al-Hakam, and is the position of Abu Hanifa and Malik, and one position attributed to Al-Shafi'i. The primary evidence is the narration from Ja'far ibn Muhammad, from his father, from Ali, who guaranteed the liability of dyers and goldsmiths, stating that people's affairs can only be sound with this practice. Furthermore, since the work of the jointly hired laborer is guaranteed, any consequence arising from that work must also be guaranteed, analogous to malicious injury.
Supporting text
A secondary opinion, also attributed to Al-Shafi'i, states that the jointly hired laborer is not liable unless there is transgression or aggression on his part. This view holds that since the item is possessed under a lease contract, it should not automatically become guaranteed, similar to the hired item itself. Proponents of this view include 'Ata, Tawus, and Zufar.