Seadet-i Ebediyye - Endless Bliss Fifth Fascicle

vowen on the understanding that some of the thread (to be used)
will be left as a rent to the weaver or to rent a pack animal to get
your load carried on the understanding that some of the load will
be given as a rent or to get wheat crushed and ground on the
understanding that some of the flour will be given as a rent. If a
person uses someone else’s property without the latter’s
permission, he will not pay a fee for it.
Ejîr-mushterek: It means a free laborer. He is a laborer who
may work for anyone, or for a certain person but not for a specified
time. Only, his wage will be paid when he is through with the work.
The thing to be worked over is a trust entrusted to him for
safekeeping; he will not pay for it if it perishes. However, if he
himself causes the destruction, he will (have to) pay for it even if
he has not caused it on purpose. If a doctor or a dentist or a
druggist causes harm to the patient by doing something wrong and
outside of science, he will have to compensate.
Ejîr-i-khâs: It means a laborer hired specially to do a certain
kind of work within a certain time. If the thing entrusted to his care
perishes inadvertently, he will not have to pay for it. It is
permissible to offer the laborer two or three different kinds of
work with different payments and pay him for the work he has
chosen and done. It is out of the question to offer four choices of
work. The wage will be paid even if the time agreed upon is not
known well. If the (amount of the) wage has not been stated, the
person hired will be paid a wage commensurate with its
equivalents paid in that country, if he is a person who works as a
laborer or craftsman. If he is not a person in that category, he will
not be paid anything because he has been there to help. As well, a
person who has come to do the work without having been called
will not be paid anything.
A laborer cannot have someone else substitute him at a kind of
work if it has been stipulated as a condition that he himself do the
work.
A porter has to carry the load in, yet he does not have to put it
in its place.
A dellâl or simsâr (broker) is like a laborer. However, the fee
that they get is in return for the sale of the property, not for the
work. It is not permissible to get your debtor to work for you on
the understanding that his debt will be forgiven in return for (his
relinquishing) the wage he is to be paid. [Durr-ul-mukhtâr, final
part of the chapter dealing with ‘waqf’.]
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