Saturday, December 15, 2012

Dought & clear - He teaches children at home in return for a monthly payment; if the child is absent is he entitled to payment?

I teach children Arabic and Qur'aan in my housein return for a monthly
payment from the familyas agreed between us. If a child is absent from
the class for a day or a week or a month, is it permissible for me to
take the payment in full without giving anything back to the family in
return for that day or week during which the child was absent? Please
note that I cannot put another child in his place for this day or week
or even month, because this time is set aside for that child and
cannot be given to anyone else. Please advise me, may Allah reward you
with good.
Praise be to Allaah.
If the agreement with the child's guardian is topay a specific monthly
payment and it was possible for the child to attend but he did not
attend, then you are entitled to take the payment in all cases,
whether he is present orabsent, so long as his absence was not due to
some shortcomings on your part, because the payment is due just for
setting aside time for the child.
But if the payment agreed upon between you is per class, such thatfor
each class there is a set payment, and the time or place was not
setaside for this particular child, or the child was not able to
attend because of some reason that was your fault, thenyou are not
entitled to payment except for the classes that you actually taught.
In that case you have to give back the payment for the classes during
which the child was absent.
The basic principle is that payment is dependent on work done.
Payment is also according to agreementsand conditions. It was narrated
from Abu Hurayrah (may Allah be pleased with him) that the Prophet
(blessings and peace of Allah be upon him) said: "The Muslims are
bound by their conditions." Narrated by Abu Dawood, 3594; classed
assaheeh by al-Albaani in Saheeh Abi Dawood.
Al-Bayhaqi (14826) narrated that 'Abd al-Rahmaan ibn Ghanm narrated
that 'Umar (may Allah be pleased with him) said: Dues are based on
conditions.
Classed as saheeh by al-Albaani in al-Irwa', 6/303
Shaykh Muhammad al-Hasan ould al-Duddo was asked about a worker who
was hired to do some work and did not do it; is it permissible for him
to bepaid for it?
He replied:
If the person who was hired is available for work but the one who
hired him turned him away, then he is entitledto payment. But if he
was negligent and did not do the work that he was hired to do, then it
is not permissible for him to take payment in return for that. This
includes renting houses and apartments and alsohiring people. If
someone hires a worker for one month, then after he works with him for
two or three days he no longer has any need of him, or he wants to
move from that city, for example, then that worker is entitled to
onemonth's payment in full, because he made himself available, but the
one who hired him no longer wanted him. But if the worker did notdo
the work properly and was not sincere, he is not entitled to the
payment, because he is the one who did wrong. The same applies to one
who rents an apartment for one month, then decides he does not need it
and wants to leave it. The landlord is entitled to a month's payment
in full, but if the apartment was not as specified, then the landlord
does not deserve the payment. End quote.
Link to the fatwa (in Arabic):
www.islamway.com/?iw_s=Fatawa&iw_a=view
To sum up:
In the case mentioned inthe question, you are entitled to one month's
payment in full, even if the student missed somelessons.
And Allah knows best.

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