With the Hadith
Beware of Al-Qusama
We greet you all, dear listeners, everywhere, in a new episode of your program "With the Hadith", and we start with the best greeting: peace, mercy and blessings of God be upon you.
Narrated to us Jaafar bin Musafir al-Tinnisi, narrated to us Ibn Abi Fudaik, narrated to us Al-Zam'i from Al-Zubayr bin Othman bin Abdullah bin Suraqa that Muhammad bin Abdul Rahman bin Thawban told him that Abu Saeed Al-Khudri told him that the Messenger of God, may God bless him and grant him peace, said: "Beware of Al-Qusama." He said: "We said: What is Al-Qusama?" He said: "Something that is between people, so he comes and takes away from it."
Narrated to us Abdullah Al-Qanabi, narrated to us Abdul Aziz: Meaning Ibn Muhammad from Sharik, meaning: Ibn Abi Namir from Ata bin Yasar from the Prophet, may God bless him and grant him peace, similarly. He said: "A man is on the people, so he takes from the share of this and the share of that."
The author of Awn Al-Maboud said:
(Beware of Al-Qusama): Al-Khattabi said: Al-Qusama with a damma on the qaf is the name of what the qassam takes for himself in the division, like al-fudala for what remains, and al-ujala for what is expedited for the guest of food, and there is no prohibition in this for the wage of the qassam if he takes it with the permission of those who are divided for them, but this came for whoever is in charge of a people and was an Arif or a Naqib, so if he divides their shares among them, he withholds something from it for himself to monopolize it over them. And that has been clarified in the other hadith, i.e., the one that comes after this. And he said in Al-Nihaya: It is with a damma what the qassam takes from the capital as his wage for himself, as the brokers take a formal fee, not a known wage, such as their agreement to take something specific from every thousand, and that is forbidden. End.
(Be between the people): For division. (So he detracts): The qassam (from it): That is, from that thing, so he takes from the share of this and the share of that for himself.
Al-Mundhiri said: In its chain of narrators is Musa bin Yaqoub al-Zam'i, and there is something to be said about him.
(Similarly): That is, like the previous hadith
(The man is on the people): Al-Khattabi said: The people are the groups. Al-Farazdaq said: Groups rising to groups.
Al-Mundhiri said: This is Mursal.
Dear listeners:
Renting has its Sharia rulings that prevent disputes and preserve rights.
One of the rulings of renting that is mentioned in the Hadith is the prohibition of dividing the worker's wage, and this is one of the rulings that business owners must understand.
If a person agrees with an employer to do a job for a specific wage, then that person gives it to another person for a lower wage, and profits the rest, then this is permissible, if the agreement between them is on a work described in the debt and was not on his person.
An example of this is a tailor who agrees with a person to sew a garment for him for a specific wage. Then that tailor gives the work to another tailor for a lower wage and profits the rest.
And if a person agrees with an employer to bring him workers to do a specific job and takes his wage from the employer, then it is permissible, there is nothing wrong with it, it is from the aspect of the agency for which he deserves a wage.
Likewise, if a contractor agrees with an employer to bring him workers for a sum of money without specifying the wage of one worker, and the contractor gives the workers a wage less than the contract and keeps the rest for himself, then it is permissible, because he did not deduct from their wage, as he did not agree with the employer on a specific wage for the workers, but rather he had the authority to determine the worker's wage.
But if he agrees with him to bring a certain number of workers, and specifies for him a certain wage for each worker, then the contractor gives the workers a wage less than what he agreed with the employer to keep the rest of the money allocated for the workers for himself, then it is not permissible. This is what is understood from this hadith, as he would have divided the workers in their wages, as he deducted from the wage of each one of them and took it for himself... and this is forbidden as indicated by the hadith.
Another example: if the employer appoints a person to supervise workers he has, and his wage is deducted from the wages of the workers, that is, a part of each worker's wage is deducted and given to the supervisor in exchange for his supervision over them, then this is forbidden by the text of the hadith.
The rulings of Islam, which included various aspects of people's lives, preserved the rights of individuals, eliminated discord and disputes, and guaranteed people well-being and happiness.
Until when will we continue to suffer from the oppressive and unjust provisions of man-made systems... and remain silent about keeping God's laws disabled, so we do not work to restore them to life and do not restore the Caliphate that will put them into practice?
Dear listeners, and until we meet you with another prophetic hadith, we leave you in God's care, and peace, mercy and blessings of God be upon you.
