5.7 雇佣非穆斯林的裁决
5.7 The Ruling of Hiring Non-Muslims
关于雇主与雇员,双方都不必是穆斯林。根据先知(愿主赐福并使他平安)的行为,以及圣门弟子的一致意见,穆斯林完全可以雇用非穆斯林从事任何合法(Mubah)的工作,包括国家事务中的工作。先知(愿主赐福并使他平安)曾雇用一名犹太人担任书记员,又雇用另一名犹太人担任翻译,还雇用一名多神教徒(Mushrik)担任向导。艾布·伯克尔和欧麦尔曾雇用基督教徒担任财务的会计。既然穆斯林可以雇用非穆斯林,那么穆斯林也可以受非穆斯林雇用去从事合法的工作。但是,无论雇主是穆斯林还是非穆斯林,都不得从事被禁止的工作。因此,穆斯林可以受基督教徒雇用为其工作。但这不包括使穆斯林屈从于异教徒、以致其受辱的工作。这里所说的,是穆斯林将自己受雇于他人,从事合法的事务,并且不以雇主或雇员信奉伊斯兰为条件。阿里(愿主喜悦他)曾受雇于一名犹太人为其打水,报酬是每桶水一颗椰枣。他将此事告知先知(愿主赐福并使他平安),先知并未禁止。此外,雇佣是一种等价交换的契约,并不包含使穆斯林受辱的内容。 然而,对于旨在使人亲近至高安拉的工作,被雇者必须是穆斯林。例如领拜、宣礼(Adhan)、朝觐、分发天课,以及教授《古兰经》和圣训。因为这些工作只有穆斯林来做才具有法律效力,所以除穆斯林外,任何人都不得被雇来从事这些工作。这些事务的依据(Illah)在于:它们只有由穆斯林来做才有效。 但如果那些旨在使人亲近真主(swt)的功修,非穆斯林也可以合法地去做,那么雇用他去做这些事也就是合法的。总而言之:如果雇主认为这些工作是一种寻求亲近真主的行为,而受雇者不这样认为,那么就需要加以考察。如果这些工作只有穆斯林才能合法地去做,例如司法审判(Qadha'a),那么就不允许雇用非穆斯林去做。但如果这些工作对非穆斯林也是合法的,例如作战,那么就允许雇用他去做。因此,迪米(非穆斯林)可以被雇用去作战,其报酬由公库(Bait ul-Mal)支付。
With regard to the employer and the employee, it is not a condition for either of them to be a Muslim. So a Muslim is absolutely allowed to hire a non-Muslim, by the evidence of the action of the Prophet (pbuh) (pbuh) and the consensus of the Sahabah at the hire of non-Muslims in any allowed (Mubah) action, including the works of the State. The Prophet (pbuh) (pbuh) hired a Jew as a clerk, and another Jew as an interpreter, and He hired a polytheist (Mushrik) as a guide. Abu Bakr and ‘Umar hired Christians as accountants for the funds. As it is allowed for the Muslim to hire a non-Muslim, the Muslim too is allowed to be hired by a non-Muslim to perform a permissible action. But prohibited work must not be performed whether the employer is a Muslim or a non-Muslim. So the Muslim is allowed to be hired by a Christian to work for him. This must not include work where a Muslim is being subjugated to the Kafir in order for Him to be humiliated. Rather it is the hiring of himself to another person, on a matter that is allowed, without belief in Islam being a condition for the employer or the employee. Ali (ra) hired himself to a Jew for drawing water for Him at a wage of one date for every bucket of water, and He informed the Prophet (pbuh) (pbuh) about it, and He did not prohibit it. Also because hiring is a contract of exchange that does not include the humiliation of the Muslim. However, for work which is meant to bring us nearer to Allah the Supreme, it is a condition that the person hired be a Muslim. Examples include leading the prayer, performing the Adhan, pilgrimage, distributing Zakat and teaching Qur’an and the Hadith. Because these are not legally valid except from a Muslim, so no one is hired to perform them except a Muslim. The reason (Illah) in these actions is that they are not valid except from a Muslim. But if the works which are meant to bring us nearer to Allah (swt) are valid to be performed by a non-Muslim, then it is valid to hire Him for doing them. In summary: if the works are considered by the employer as a sort of seeking the nearness to Allah, but are not considered as such by the employee then they have to be examined. If they are not valid except from the Muslim such as judicial acts (Qadha’a), then the non-Muslim is not allowed to be hired for performing them. But if it was valid for the non-Muslim such as fighting, then He is allowed to be hired for doing that. So the Dhimmi (non-Muslim) is allowed to be hired for fighting and his wage is paid from the Bait ul- Mal.