When Ownership of a Wage Is Established, and a Difficulty about the Employees’ Fund Arising from the Text of al-Hidaya

Question

In some madrasas a kind of fund has been set up for the teachers and employees, in which, on completion of the month, some portion is deducted from the salary and kept deposited with the madrasa, and the madrasa adds something to it from its own side. In this way a sum is accumulated for them, which will be given to them when their employment ends, so that they do not face hardship at that time. The question here is this: according to the explanation of the author of al-Hidaya, the hired person (ajir)

Answer

In al-Hidaya, “establishment of ownership” (thubut al-milk) does not mean ownership in reality, but the entitlement to ownership (istihqaq al-milk), as is evident from the title of the chapter — “Chapter: When the Wage Becomes Due” (باب الأجر متى يستحق) — and in the main text (matn)

Source: Fatawa Mahmudiyya

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