Is it permissible to offer a job to an employee who is settled in another company, with a higher salary, and is that considered as "selling over the sale of a Muslim"?
The indicates the prohibition of a Muslim selling over the sale of his brother, and this includes (leasing/hiring). Therefore, it is not permissible to lease/hire over the lease/hire of one's brother. For example, if a person offers a hired worker to move and work for him for a higher wage, this is not allowed because ijarah is a sale of usufructs, and because it leads to enmity, hatred, and harm.
In detail, if the first ijarah contract is still valid and someone offers the worker to terminate his contract to move to another, this is prohibited. However, if the worker is not content with his current job or the company will not renew his contract, there is no harm in offering him a job after his contract ends.
If the contract has ended and both parties desire to renew it, it is not permissible to lease/hire over this ijarah. However, if the contract has ended and there is no inclination towards renewal, there is no harm in the second ijarah. This also applies to renting houses and shops.
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- Original fatwa ID
- 21207
- Imported
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