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Lesson 79
Business (2)
·
Wage Jobs (like contracting): To charge someone to carry out a
certain job in return for a known payment.
·
Guarantee:
It entails commitment as the sponsor to guarantee that the sponsored would
fulfill what is due to him.
·
Guaranteeing another's appearance: It also includes the sponsor's commitment to bring the sponsored to
those in responsibility, a judge for example.
·
Providing Collateral: It is to leave a material thing with the creditor to ensure that his
debt will be fulfilled according to the terms, otherwise, he receives the value
of the unpaid debts from the item that was mortgaged, or its price after selling
it.
·
Commissioning another to do
something: It is valid in buying and sale
contracts as well as in personal affairs.[16]
·
Land ownership: It is for those who develop the land. Those in authority have the right
to plot a public land into pieces for those who can cultivate it; and leave what
is considered necessary for public interest like pastures, forests, and regions
of natural resources. These are also called protectorates.
· Cultivation of virgin land: It is to build on or cultivate a piece of land which has no owner so it becomes his own, unless it is a public utility.[
Job wages:
The Prophet (peace be upon him)
said to a group of the Companions:
“How do you know that Surah Al-Fatihah is a Ruqyah?
You have done the right thing. Divide
(what you have got as a wage for
Ruqyah) and assign for me a
share with you.” (Reported by Muslim)
The Messenger of Allah (peace be
upon him) said:
“Allah, the Exalted, said: I will be the adversary of
three persons on the Day of Judgment. One who makes a covenant in My Name
and then breaks it, one who sells a free man as a slave and devours his
price, and one who hires a workman and having taken full work from him,
denied him his wages.”
(Reported by Al-Bukhari)
“The
Prophet (peace be upon him) prohibited (Muslims) to hire a laborer without
determining his wages.” (Reported
by Ahmad)
The Prophet (peace be
upon him) also said:
“Anyone
who practices medicine when he is not known as a practitioner will be held
responsible.”
(Reported by An-Nasa’i,
Abu Dawud, and Ibn Majah)
Guaranteeing payment and guaranteeing another’s appearance:
The Prophet (peace be
upon him) said:
“One
who stands surety is held responsible.”
(Reported by Ahmad and Ibn Majah)
Putting up collateral:
Allah says:
]وَإِن
كُنتُمْ
عَلَى سَفَرٍ
وَلَمْ
تَجِدُواْ
كَاتِبًا
فَرِهَانٌ
مَّقْبُوضَة[
(البقرة:
283)
This
means: “And if you are on a journey and cannot find a scribe, then let
there be a pledge taken (mortgaging).” (2, Al-Baqarah: 283)
Qatadah (may Allah be
pleased with him) narrated:
“Anas
went to the Prophet with barley bread having some dissolved fat on it. The
Prophet had mortgaged his armor to a Jew in Madinah and took from him some
barley for his family.”
(Reported
by Al-Bukhari)
The Prophet (peace be
upon him) said:
“The
mortgaged animal can be used for riding as long as it is fed and the milk of
the milch animal can be drunk according to what one spends on it. The one
who rides the animal or drinks its milk should provide the expenditures.”
(Reported by Al-Bukhari)
Commissioning
another to do something:
Abu Hurayrah (may Allah
be pleased with him) narrated:
The Prophet Muhammad
(peace be upon him) said:
“When
you come to my agent, you should take from him fifteen Wasqs
(of dates). If
he asks you for a sign, then place your hand on his collar-bone.”
(Reported by Abu Dawud)
The Prophet (peace be
upon him) said:
“If
anyone brings barren land into cultivation, it belongs to him.”
(Reported by Al-Bukhari)
Allah’s Messenger
(peace be upon him) said:
“He
who wrongly took a span of land would be made to wear around his neck seven
earths.”
(Reported by Al-Bukhari
and Muslim)
He (peace be upon him)
also said:
“Muslims have common share in three
(things):
grass, water, and fire.”
(Reported by Ibn Majah and Ahmad)
He (peace be upon him)
also said:
“Excess
water must not be withheld so that the growth of herbage may be hindered.”
(Reported by Al-Bukhari and Muslim)
The Prophet (peace be
upon him) said:
“The
excess of water should not be sold in order to enable the sale of
herbage.” (Reported by Muslim)
Asma’ Bint Abi Bakr
(may Allah be pleased with her) narrated:
The Prophet (peace be
upon him) said:
“If
anyone reaches a water which has not been approached before by any Muslim,
it belongs to him.” (Reported by Abu Dawud)
He (peace be upon him)
also said:
“There is no
(permission for)
protected land except for Allah Most High and for His Messenger.” (Reported by Al-Bukhari)
As-Sa`ib Ibn Juthamah
(may Allah be pleased with him) narrated:
