Al-Ijarah (Renting)
Al-Ijarah (Renting) (Click Here To Download PDF)
Its Definition
Al-Ijarah is a contract requiring a service for a fixed period of time, in exchange for a fixed amount.
Its Ruling
Renting is permissible. This is due to Allah’s (SWT) statement:
(If you had wished, surely you could have taken wages for it!) (18:77)
And His statement:
(Verily, the best of men for you to hire is the strong, the trustworthy.) (28:26)
And He said:
(that you serve me (for hire) for eight years.) (28:27)
The Messenger of Allah (SAW) said:
“Allah the Mighty and Majestic says, “I will contend on the Day of Resurrection against three (types of) people: a man who (promises) to give in My Name and then does not, a man who sells a free man as a slave and devours his price, and a man who hires a worker and having taken full work from him, does not pay him his wages.” (Al-Bukhari)
The Messenger of Allah (SAW) hired an expert traveler-guide from the Day1 tribe in order to guide Him along with Abu Bakr to Al-Madinah during their emigration. (Recorded in the Sahih)
Its Conditions
1) Knowing the service, like the occupation of a residence, or stitching a garment, for example. This is because hiring is like selling, and in selling, the sold merchandise must be known and specific.
2) The service should be permissible. Therefore, it is not permissible to rent out a female slave for sexual intercourse (i.e. prostitution) or a woman for singing or wailing, or leasing land for construction of a church, or producing intoxicants, etc.
3) Knowing the rent or wage. Abu Sa‘id said, “The Messenger of Allah (SAW) forbade hiring a worker until his wages were made clear to him.” (Reported by Ahmad and its narrators are men of the Sahih )
Its Regulations
1) It is permissible to hire a teacher to teach knowledge or a skill. The proof is that the Prophet (SAW) released some prisoners of the battle of Badr so they would teach a number of the children of Al-Madinah how to write. (This was reported by those who recorded the war expeditions and battles, like Muhammad bin Ishaq.)
2) It is permissible to hire a person to work for food and clothing. This is due to the statement of the Prophet (SAW) when he was reciting Surah Al-Qasas (Chapter 28), until he reached the story of the wedding of Prophet Musa, He (SAW) said:
“Verily, Musa hired himself out for eight to ten years in order to maintain his chastity (i.e. for his wedding) and for feeding his belly.” (Ahmad and Ibn Majah and there are disparaging remarks concerning its chain of narration.)
3) The validity of renting a particular home assuming that it will remain until the leasing period expires.
4) If someone rents something to someone else, but the lessor prevents the lessee from using it for a period, the rent should not be charged (i.e. it should be prorated), for the number of days in which he was prevented from using it. Meanwhile, if the lessee abandons its usage himself, then he must pay the complete rent.
5) The lease should be canceled if the rented item becomes damaged. For example, collapsing of the home, or death of the animal, etc. In this case, only the period of use before the damage is chargeable for rent.
6) Whoever rents something and later finds it defective, he has the right to cancel the lease. This is applicable as long as he was not aware of the defect and satisfied with it at the beginning of the contract. If he benefited from the rented item for a certain period, he has to pay the rent for only the used period.
7) General laborers, such as tailors and blacksmiths, if they damage something due to their work, are responsible for such damage (i.e. not the shopkeeper). If something is lost from the shop, they are not responsible for it (i.e. the shopkeeper is responsible ). This is because it should be considered as a deposit (or trust), and the lost or damaged deposits are not the responsibility of the worker unless he himself was negligent. The private employee is the same as one hired to personally work for the employer. Such employee is not responsible for any damage that occurs during his work. In case the employee intentionally causes damages, and it is proved that he did so neglectfully, he is responsible for such damages.
8) The rent or wage becomes obligatory at the conclusion of the contract. So he will pay after using the service or after the job is complete, unless he puts a condition to pay at the conclusion of the contract (a longer period). The Messenger of Allah (SAW) said:
“Verily the worker should be paid his wages in full when he finishes his work.”
( Ahmed and in its chain of narration there is weakness)
9) The hired worker can withhold the property until he receives his wages if his work is done to the property itself, like in the case of tailoring. If his work does not involve the property itself, like in the case of wages for loading and carrying goods to another location, he has no right to seize the goods. Rather he has to deliver it to its destination and then demand his wages.
10) If a person treats a patient with medical treatment or gives him medicine for wages, but he is not a medical expert and he causes any damages, he is to be held responsible for it. This is due to the Messenger of Allah’s statement:
“Whoever practices medicine, and he is not known for expertise in medicine, he will be held responsible.” [1]
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[1] Abu Dawud, An-Nasa’I and Ibn Majah. Abu Dawud said he did not know whether it is authentic or not. The person who is known for expertise in medicine is the one who knows illnesses and medicines and he has teachers who testify to his ability to give medical treatment and his expertise in it. These medical teachers have likewise given him permission to practice as a doctor.