Term
2226. * Ju'ala means that a person promises that _____
One who makes such a declaration is called ___, and the person who carries out that work is called ___.
One of the differences between Ju'ala and Ijara (hire) is that, |
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Definition
if a particular work is completed for him, he will give a specified amount for it
Ja'il
'Amil
in the case of "hire", the hired person is bound to do the job after the agreement, and the hirer becomes indebted to the hired person for his wages, whereas in the case of Ju'ala, the person who agrees to do the job is at liberty to abandon it if he so wishes; and until he completes the job assigned, the person who declared the reward or payment does not become indebted to him. |
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Term
2227. * A person who declares the payment or reward should be ___ and ___, and should have made it with ___ & ___, and should have the right of ___ & ___ over his property.
Therefore, the declaration by a _____ is not in order.
Similarly, a ___ person cannot declare any reward or payment from that part of wealth over which he has not right of discretion. |
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Definition
adult and sane
free will and intention
disposal and discretion
feeble minded person who squanders his property indiscreetly
bankrupt |
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Term
| 2228. * The task for which the declaration was made by the employer should not be (3) |
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Definition
1) haraam,
2) futile,
3) or one of those obligatory acts which should necessarily be performed free according to Shariah.
Hence, if a person declares that he will give $10 to a person who drinks alcohol, or traverses a dark passage at night without any sensible purpose, or offers his obligatory prayers, the employment will not be in order. |
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Term
| 2229. * It is or is not necessary for the employer for Ju'ala to specify the reward he would give with all its particulars. |
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Definition
1) is not
If the employee, in this case, is certain that he would not be taken for a stupid or foolish person if he undertook the assignment, it is sufficient. |
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Term
| 2230. * If a person does not at all mention the amount of reward which he would give for his work - for example, if he says: "I shall give money to the person who finds out my son", and does not specify the amount of money, and if some one performs the task, he should ___? |
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Definition
| he should pay him according to what is customarily paid for such tasks. |
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Term
2231.
What if the employee in Ju'ala performs the task before the agreement is made?
or performs it after the agreement, but with the intention that he will not take any money? |
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Definition
he is not entitled to demand wages.
2231. If the employee in Ju'ala performs the task before the agreement is made, or performs it after the agreement, but with the intention that he will not take any money, he is not entitled to demand wages. |
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Term
| 2232. The person who makes a Ju'ala agreement cant/can cancel it before the person employed starts to work. |
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Definition
can
2232. The person who makes a Ju'ala agreement CAN cancel it before the person employed starts to work. |
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Term
2233. If the person wishes to cancel the Ju'ala agreement after the employee has started work, it is
1) haram
2) in order
3) a matter of Ishkal
4) Makrooh
5) void |
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Definition
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Term
| 2234. * A person appointed to work in Ju'ala can/cant leave the task incomplete.... unless...? |
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Definition
2234. * A person appointed to work in Ju'ala CAN leave the task incomplete.
However, if his failure to complete the task causes harm to the person who appointed him, he must complete it. For example, if a person says: "If someone operates upon my eye I shall give him so much money" and a surgeon commences the operation. If by not completing the operation, the eye will be defective, he must complete it. And if he leaves it half way, he has no claim, whatsoever, over the person who employed him. |
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