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.

Land ownership: It is for those who develop the land.

Land ownership 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.

Evidence from the Qur ’ an and Sunnah

Wages: The Prophet (SAWS) forbade the hiring of a wageworker without showing him his wage. (Reported by Ahmad)

Guaranteeing payment and guaranteeing another’s appearance: The Prophet (SAWS) said: “One who stands surety is held responsible.” (Reported by Ahmad and Ibn-Majah)

Putting up Collateral: Allah says: ﴿وَإِن كُنتُمْ عَلَى سَفَرٍ وَلَمْ تَجِدُوا كَاتِبًا فَرِهَانٌ مَّقْبُوضَةٌ﴾ [ البقرة : 283]

Collateral This means: “And if you are on a journey and cannot find a scribe, then let there be a pledge taken (mortgaging).” (Al-Baqarah: 283)

Collateral The Prophet (SAWS) said, "The pledge given as security is not forfeited." (Reported by Ibn Majah)

Collateral Qatadah (RA) 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 Medinah and took from him some barley for his family.” (Reported by al-Bukhariyy)

Collateral The Prophet (SAWS) 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-Bukhariyy)

Commissioning another to do something: Abu-Hurayrah (RA) narrated: “Allah’s Messenger ordered me to guard the Zakah revenue of Ramadan.” (Reported by al-Bukhariyy)

Commissioning The Prophet Muhammad (SAWS) 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)

Land ownership: The Prophet (SAWS) said: “If anyone brings barren land into cultivation, it belongs to him.” (Reported by al-Bukhariyy)

Land ownership The Prophet (SAWS) said, "If anyone brings barren land that is not rightful to (another) Muslim into cultivation, it belongs to him, and the unjust root has no right.“ (Reported by Abu-Dawud)

Land ownership Allah’s Messenger (SAWS) 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)

Protectorates: He (SAWS) also said: “Muslims have common share in three (things): grass, water, and fire.” (Reported by Ibn-Majah and Ahmad)

Protectorates He (SAWS) also said: “Excess water must not be withheld so that the growth of herbage may be hindered.” (Reported by al-Bukhariyy and Muslim)

Protectorates The Prophet (SAWS) said: “The excess of water should not be sold in order to enable the sale of herbage.” (Reported by Muslim)

Protectorates Asma’ Bint-Abi-Bakr (RA) narrated: “I used to carry the date stones on my head from the land of az-Zubayr which Allah's Messenger had given to him, and it was at a distance of 2/3 of a farsakh from my house.” (Reported by al-Bukhariyy and Muslim)

Protectorates The Prophet (SAWS) said: “If anyone reaches a water which has not been approached before by any Muslim, it belongs to him.” (Reported by Abu-Dawud)

Protectorates He (SAWS) also said: “There is no (permission for) protected land except for Allah Most High and for His Messenger.” (Reported by al-Bukhariyy)

Protectorates As-Sa`ib Ibn-Juthamah (RA) narrated: “The Prophet (peace be upon him) protected Naqi` (a rich-water well).” (Reported by Abu-Dawud)