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Fatwa CenterWages and duration of labor contract must be specified
Question
Dear Shaykh, Assalaamhu Alaikum My question is about working for my mother who has a house and wishes to rent rooms in it. She agreed, and as I need to earn a proper salary/wage, she agreed to pay me every month from the rental profits, provided I look after the running of the property. Mother has said that she doesn’t want any of the profit and would allow me to have all of it as a wage in return to fulfilling certain work conditions i.e. deal with estate agents or advertise for tenants. Deal with any repairs such as calling out electricians, plumbers etc and paying them out of the rental profits. Deal with paying bills out of the rental profits. And dealing with tenants’ complaints and ensuring that they have what they need. The amount of rental income she could receive could vary in the year according to how many rooms we fill in or how long the tenants stay. Some months she may get £600 and other months it could be £1200 and then other months it could be £2400 or even more etc. The problem here is how should a work contract in Islam be made between my mother and I? Should there be a defined fixed period of a beginning and an end stipulated (and renewed if necessary), and should she pay me a fixed wage/salary as opposed to me accepting any odd amount that we are left with at the end of the month for the same conditions required of me? And also there may be times where nothing is required of me i.e. a month or two may pass and the tenants have no need of me or there are no repairs to be made or no bill to pay etc. Am I still entitled to my wage/salary for this period within the contract? Is it permissible for me to except whatever amount we receive in total profit at the end of the month, every month i.e. £600 one month, £1800 the next month etc. for my services on the basis that my mother has agreed to not wanting any of the profit and has said that I can take all of it? Please advise me as to how I should go about all of this insha’Allah.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
There is nothing wrong with working with your mother in running the house for her, however, there should be a fixed fee and it is not appropriate for it to be unknown, i.e. to be what remains after paying bills and the like from the rental income from the rooms. In addition, this income is not stable for it may be little or much.
Anyway, you can agree with your mother to get a fixed salary and if what remains from the rent money exceeds it, she can give it to you as a gift if she wills. Also, you have to agree with her on a fixed period of the contract and it may be on an annual or monthly basis, i.e. that a specific sum of money for each month or so.
Allaah Knows best.
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