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Miscellaneous Benefits / The expenses for the employee in mudaarabah

The expenses for the employee in mudaarabah

date de publication : 2016-07-24 | Vues : 3863
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In Badaai' as-Sanaai' 6/106-107, al-Kaasaani said, "The expenses in the money for mudaarabah refer to the money for clothing, food, condiment, drinks, the wages for the employee, his bedding, and the fodder for his animal which he rides in his journey. This money is also spent for the employee's needs,  washing his clothes, the oil for the lamp, wood, and so forth. There is no difference of opinion among the Hanafites on this issue. This is because the working partner (the employee) needs these things. Therefore, the permission to use the investor's  money for these things is established by way of indication. However, the expenses for medication, cupping, bloodletting, illumination, application of oil, treatment, the health of the body are from the employee's personal money, and not the money for mudaarabah. In his book al-Mukhtasar, al-Karkhi mentioned that Muhammad had a different opinion, and that he was of the view that these expenses were to be taken from investor's money.  With regards to the expenses for cupping, the application of oil, and dyeing the hair, he mentioned the opinion of al-Hasan ibn Ziyaad who said, "This is comparable to Aboo Haneefah's opinion, and these expenses will be from the money for mudaarabah."

The preponderant opinion is that these expenses are from the employee's personal money because the expenses which are taken from the investor's money are for customary things and these things are not customary.  This is because if a judge rules that the employee should be given expenses, he will rule that the expenses will be for food and clothing, and not these things. The fruits which are customarily eaten by the people take the ruling of food and condiment. In an-Nawaadir, Bishr said, "I asked Aboo Yoosuf about the employee's eating of meat, and he said, "He should eat meat as he used to do." This is because eating meat is a customary issue.

The expenses are taken from profit if any is attained. If there is no capital, then the expenses are taken from the capital. This is because capital is money which is spent. The principle is that capital is spent to attain profit. This is because if we had taken these expenses from the capital only, or the investor's profit, the employee's profit  would have increased at the expense of that of the investor. When the employee is going back to his home area, he should return to the mudaarabah the extra clothing and food which he has. This is because he was granted the permission to take expenditure because of travel, and when the journey ends, the permission will also end. Therefore, he should return the extra things to the mudaarabah.

In al-Mughni 5/25, ibn Qudaamah said, "It is permissible for the employee to travel using a safe road, and the travelling expenses will be from his own money." This was the opinion of ibn Seereen, Hammaad ibn Abi Sulaymaan, and the apparent opinion from the mathab of Imam ash-Shaafi'ee.  Al-Hasan, an-Nakha'ee, al-Awzaa'ee, Maalik, Ishaaq, Aboo Thawr, and the rationalists said, "He can spend from the mudaarabah money in a reasonable manner if he is travelling. This is because his travel is for earning money. Therefore, his expenses have the same ruling like the porter's fees. My view is that these expenses are specific to him, so they should be from his money like the expenses for preparation, the doctor's fees, and the costs of treatment. This is because he signed the mudaarabah contract based on the fact that he will get a known profit, thus he should not earn more than that. If he is entitled to these expenses, this will mean that he is getting additional profit. Therefore, he should only get a profit which is proportional to what he has spent. However, if the employee stipulates that he has to get these expenses, then he should get them. Therefore, he should get expenses that has been estimated for his food, clothing, transportation, and so on.

In a narration that was transmitted by Ahmad, Athram said, "It is more preferably for me that the employee should stipulate specific expenses. However, if the expenses are not specified, then that is permissible.  The employee can get expenses for food, but the expenses for clothing will be from his own money." Ahmad said, "If the employee says to the investor, "I want money for expenses," he should be given this money." Ahmad was asked, "Should he given expenses for clothing?" He said, "No, he is given expenses for food only." However, if his journey is long, and requires a change of clothes, then the apparent view from Imam Ahmad is that he should be given clothing expenses. This is because he was asked, "What if the employee did not stipulate that he will get the clothing expenses but he travels to a place which is far, and he needs clothes? He answered, "If he is permitted to spend for his clothing, then he should do so provided that he does not spend extravagantly, and he had no prior plans to do that. Al-Qaadi, and Aboo al-Khattaab said, "If the employee stipulates that he has to get some expenses, then he will get those expenses, and these include reasonable expenses for food or clothing."

Ahmad said, "The employee should spend what he usually spends on himself, and he should not be wasteful, or cause loss of the money through extravagance. Ahmad was of the view that the expenses should not be estimated because prices vary; they could be more or less in different situations.

Aboo al-Khattaab said, "If the investor and the employee differ with regards to the estimate of the expenses, they should look at what is spent for feeding the poor in expiations, and with regards to clothing, they should consider the least cost of clothes that are worn by people of the employee's status."  If the employee has his own money in addition to the mudaarabah money, or money for another mudaarabah, or other goods, then his expenses should in relation to these two sets of money. This is because these expenses are for travelling, and the travelling concerns these two sets of money, therefore, it is incumbent that the expenses should be divided among them proportionally, unless if the investor stipulates that that he should take all the expenses from his mudaarabah money despite knowing that the employee has some other money. 

In al-Insaaf 5/440-441, Al-Maawardi al-Hambali said, "The statement: "The employee is not entitled to expenditure except through stipulation." This opinion was explicitly stated by Imam Ahmad, and the adherents of the mathab followed it.  However, Shaykh Taiyyuddeen (may Allah have mercy on him) said, "The employee is not entitled to expenditure except by stipulation or customary practice." Thus, Shaykh al-Islaam considered the custom to be similar to the condition in this issue. This is a strong opinion.

نفقة العامل في المضاربة

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