الإفتاء

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The actual employee installs another in his place and takes commission from him

Question

Question: Zayd is employed somewhere. He goes on leave and has Bakr employed in his place. Zayd makes an agreement with Bakr: “When you receive your salary, give me so many rupees out of it every month,” and at the same time he charges Bakr: “This is a secret; it must not be disclosed to anyone.” Bakr fears that if he does not give him the monthly money according to the agreement, Zayd will have someone else employed instead of him who will give him something every month.

Answer

(1) This agreement of Zayd with Bakr is contrary to the Shariʿa. (2) He can take it back. (3) It is permissible. (4) He can take it back. This applies when this sum was merely by way of a bribe (rishwa), as appears from the question.

Source: Fatawa Mahmudiyya

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