Laws of Trade
Mufti Abu Muhammad Ali Asghar Attari Madani
1. Is it permissible for a son to take a salary from his father for working at a shop?
Question: What do the scholars of Islam say regarding the following: I serve my parents and work at my father’s shop without pay. I accept whatever amount he gives to me, but it is not enough to cover my expenses, which is causing me difficulty. Is it permissible for me to take a salary from my father for working at his shop?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
Answer: Whilst keeping the conditions of an employment contract in mind, it is permissible for you to take a salary for working at your father’s shop. Among the tasks performed for parents, some are related to serving them, while others pertain to different matters. It is impermissible for children to take payment from their parents for tasks that fall under serving them. This is because performing these duties without payment is an obligation upon them. Yet, for tasks that are not related to serving but pertain to other matters, children may take payment from their parents. Working at a shop is a task not considered a form of service, which means a son can take a salary from his father for working at his shop.
In Al-Muḥīṭ al-Burhānī:
”ولو استأجر الرجل ابنه للخدمة أو استأجرت المرأة ابنها للخدمة لم يجز، وإذا خدم فلا أجر له؛ لأن خدمة الأب واجبة على الابن فالإجارة وردت على ما هو المستحق فلا تعمل۔۔۔ وإن كان الابن حراً فاستأجره أحدهما ليرعى غنماً له أو استأجره لعمل آخر وراء الخدمة، فإنه يجوز“
If a man hires his son for service, or a woman hires her son for service, it is not permissible. And if he serves, there is no wage for him, because serving one’s father is necessary upon the son, so the contract of hire applies to something already necessary, and thus it has no effect… However, if the son is free and one of them hires him to tend sheep or for some work other than service (to the parent), then it is permissible.[1]
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
2. What is the ruling of selling soil from sacred places?
Question: What do the scholars of Islam say regarding the following: Zayd brought soil from a sacred place and is selling three handfuls of it for 5000 rupees. What is the ruling of this transaction?
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
Answer: In the scenario of the questioner, it is permissible for the person to take possession of the soil from a sacred location and sell it. A small amount of soil laying in its place is not considered property in Islamic law, so its sale is impermissible. Yet, if somebody moves the small amount of soil from its place and takes possession of it, and if people are inclined towards it, trade it, and store it carefully, the soil is considered property in Islamic law and selling it is permissible. It is permissible to take possession of soil brought from a sacred place and sell it. Just as the sale of permissible water that is in its place is impermissible, but when collected in a vessel or container and taken into one’s possession, its sale is lawful.
It is mentioned in a hadith:
فدعا صلی اللہ علیہ وسلم لہ بالبرکۃ فی بیعہ، وکان لو اشتری التراب لربح فیہ
The Beloved Prophet صَلَّى الـلّٰـهُ عَلَيْهِ وَاٰلِهٖ وَسَلَّم prayed for blessings in ꜤUrwah’s trade. After that, the latter gained profit even when he sold soil.[2]
In Mir’āt al-Manājīḥ regarding this hadith:
Soil is intended here, as doing business in soil is permissible. The trade of soil from Madina still takes place on a large scale. Pilgrims purchase it as a gift, while potters collect soil from the wild for free and sell it in the city. This is also permissible.[3]
In Bahār-i-Sharīat:
Wealth is that towards which the temperament is inclined, which is purchased and sold, from which others are prevented, and which is kept in reserve for times of need. A small amount of soil that remains in its place is not considered property, and its sale is invalid. Yet, if it is moved to another location, it is considered property.[4]
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
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