⚖ Responsibility and Liability of a Hired Worker in Islam
Written by: Imran Ayyub Lahori
In Islamic jurisprudence, if a hired worker damages or loses the item entrusted to him for work, he becomes liable (ضامن) for it. The foundational principle is that anyone who takes possession of something is responsible for it until it is returned or compensated.
The Messenger of Allah ﷺ said:
"على اليد ضمان ما أخذت حتى تؤديه"
"There is liability upon the hand for what it takes until it is returned."
(Da‘eef: Da‘eef Abu Dawood: 761, Kitab al-Buyoo‘: Chapter on Liability in Lending, Ahmad: 8/5, Ibn Majah: 2400, Tirmidhi: 1266, Hakim: 2/47)
Despite the weakness in the chain, the narration outlines a general legal maxim: Whoever takes something into their custody is responsible for it until they return it safely.
The Messenger of Allah ﷺ said:
"من تطبب ولا يـعـلـم منـه طب فهو ضامن"
"Whoever performs medical treatment while it is not known that he is a qualified physician, then he is liable."
(Hasan: Sahih Abu Dawood: 3834, Kitab al-Diyat: Chapter on One Who Treats Without Knowledge and Harms, Abu Dawood: 4586, graded Hasan by Shaykh Shu‘ayb Arna’oot – Commentary on Sharh al-Sunnah: 10/341)
Meaning: If someone treats a patient without proper knowledge or qualification in medicine and causes harm, he becomes liable for any damage caused.
This ruling is supported by other authentic narrations as well:
➤ If someone is hired to work on an item (e.g., a vehicle, machine, garment, etc.), and due to negligence or lack of skill damages or destroys it, then he is responsible to compensate the loss.
➤ Likewise, a non-qualified person who takes up professional services (like medicine or technical repair) and causes harm will bear the liability.
Written by: Imran Ayyub LahoriIn Islamic jurisprudence, if a hired worker damages or loses the item entrusted to him for work, he becomes liable (ضامن) for it. The foundational principle is that anyone who takes possession of something is responsible for it until it is returned or compensated.
① Hadith of Samurah (رضي الله عنه)
The Messenger of Allah ﷺ said:
"على اليد ضمان ما أخذت حتى تؤديه"
"There is liability upon the hand for what it takes until it is returned."
(Da‘eef: Da‘eef Abu Dawood: 761, Kitab al-Buyoo‘: Chapter on Liability in Lending, Ahmad: 8/5, Ibn Majah: 2400, Tirmidhi: 1266, Hakim: 2/47)
Despite the weakness in the chain, the narration outlines a general legal maxim: Whoever takes something into their custody is responsible for it until they return it safely. ② Hadith from ‘Amr ibn Shu‘ayb, from his father, from his grandfather
The Messenger of Allah ﷺ said:
"من تطبب ولا يـعـلـم منـه طب فهو ضامن"
"Whoever performs medical treatment while it is not known that he is a qualified physician, then he is liable."
(Hasan: Sahih Abu Dawood: 3834, Kitab al-Diyat: Chapter on One Who Treats Without Knowledge and Harms, Abu Dawood: 4586, graded Hasan by Shaykh Shu‘ayb Arna’oot – Commentary on Sharh al-Sunnah: 10/341)
Meaning: If someone treats a patient without proper knowledge or qualification in medicine and causes harm, he becomes liable for any damage caused. This ruling is supported by other authentic narrations as well:- Sahih Abu Dawood: 3835
- Al-Silsilah al-Sahihah: 635
- Abu Dawood: 4587 (also)
Key Ruling:
➤ If someone is hired to work on an item (e.g., a vehicle, machine, garment, etc.), and due to negligence or lack of skill damages or destroys it, then he is responsible to compensate the loss.
➤ Likewise, a non-qualified person who takes up professional services (like medicine or technical repair) and causes harm will bear the liability.
