35b/44: Chapter
Sunan an-Nasai 3861 — Clear Hiring Terms and Time Periods
The Third Of The Conditions, In It Is Sharecropping (Muzara'ah) And Contracting
Hadith About Hiring Terms: Set the Period and Payment Clearly
Sunan an-Nasai : 3861
Sunan an-NasaiHadith Number 3861
أَخْبَرَنَا مُحَمَّدُ بْنُ حَاتِمٍ، قَالَ أَنْبَأَنَا حِبَّانُ، قَالَ أَنْبَأَنَا عَبْدُ اللَّهِ، عَنِ ابْنِ جُرَيْجٍ، قِرَاءَةً قَالَ قُلْتُ لِعَطَاءٍ عَبْدٌ أُؤَاجِرُهُ سَنَةً بِطَعَامِهِ وَسَنَةً أُخْرَى بِكَذَا وَكَذَا. قَالَ لاَ بَأْسَ بِهِ وَيُجْزِئُهُ اشْتِرَاطُكَ حِينَ تُؤَاجِرُهُ أَيَّامًا أَوْ آجَرْتَهُ وَقَدْ مَضَى بَعْضُ السَّنَةِ قَالَ إِنَّكَ لاَ تُحَاسِبُنِي لِمَا مَضَى.
Ibn Juraij Narrated from:
I said to 'Ata': 'What if I hire a slave for a year in return for his food, and for another year, in return for such and such?' He said: 'There is nothing wrong with that, and you may stipulate your conditions of hiring even for a few days.' 'How about if I make a deal to hire him when part of the year has passed?' He said: 'Do not hold me to account for what has passed.'
Reference : Sunan an-Nasa'i 3861In-book reference : Book 35b, Hadith 5English translation : Vol. 4, Book 35, Hadith 3892
Summary of Sunan an-Nasai Hadith 3861
This report discusses hiring terms for a worker over a known period. Ibn Juraij asks Ata about hiring a slave for one year in return for food and for another year in return for a named payment. Ata says there is nothing wrong with that. He also says the conditions of hiring may be set even for a short number of days. When asked about making a hiring agreement after part of the year has already passed, he answers that the past period should not be charged to him. The report therefore stresses a clear start point, a known period, and an agreed form of compensation. It does not treat time before the agreement as part of the new hiring contract.
What we learn from this hadith
- A hiring agreement may set different compensation for different known periods.
- The conditions of employment should be stated when the hiring takes place.
- A short hiring period may also be defined by agreement.
- Time that passed before the agreement should not be counted as part of the new contract.
