Evading payment for work done and an oath to forgo one’s right

Question

Zayd makes an agreement with Umar for a large job, and Umar keeps working at his instruction; but after part of the work has been done, Zayd ends the agreement, and Umar has no part in this ending of the agreement. Umar says: “Pay me the remuneration for as much work as I have done.” Although Zayd admits that the agreement was ended from his side and that the remuneration is obligatory, he resorts to all kinds of tricks and excuses in paying it. Exasperated, Umar says under oath: “I will forgo my right.

Answer

On the basis of this oath Zayd does not even have the right to withhold what is due from him to Umar by virtue of the promise and the agreement — let alone take back what he paid before this oath. Umar has the right to collect from Zayd what is due to be paid; but because of the oath, in this situation expiation (kaffara) will be wajib upon him.

Source: Fatawa Mahmudiyya

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