Fathwa - Wages 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 roomsin 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 etcand 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 bemade 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 permissiblefor 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,
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
billsand the like from the rental income from the rooms. In addition,
this income is not stable for itmay be little or much.
Anyway, you can agree with your mother to get a fixed salary and if
whatremains from the rent money exceeds it, she can give it to you as
a giftif she wills. Also, you haveto agree with her on a fixed period
of the contract and it may be onan annual or monthly basis, i.e. that
a specific sum of money for each month or so.
Allaah Knows best.