We have employed a female servant at home only to work for the day and take care of it as there’s no one at home during day time, in the evening she goes back to her home. She is paid her wages in full and we give her the same food as we eat. Apart from this, she’s is also facilitated in many other things. What I need to know is- does she have some other rights upon us that are not known to us? She is married and her husband is a driver. Do we have to provide her with other things like clothing and the needs of household although she and her husband can themselves take care of these things? Also does she have the right to eat or drink or to do any other activity in our house without taking permission?
Praise
be to Allah.
Firstly:
Islam
encourages kindness to slaves and servants, by teaching that the head of the
household should give his servant a share of his food and drink, especially
if this servant is the one who makes that food or brings it to his master,
and he looks at the food. al-Bukhaari (5460) and Muslim (1663) narrated from
Abu Hurayrah that the Prophet (blessings and peace of Allah be upon him)
said: “When the servant of any one of you brings his food to him, if he does
not make him sit with him, then let him give him a morsel or two, or a
mouthful or two, for he has endured its heat and preparation.”
An-Nawawi
(may Allah have mercy on him) said:
This
hadeeth encourages good conduct and generosity with regard to food,
especially with regard to the one who made it or served it, because he is
the one who endured its heat and smoke, and felt like eating from it, and
smelled its aroma. All of this is understood as meaning that it is mustahabb
(encouraged). End quote.
Al-Haafiz
(may Allah have mercy on him) said:
There
is nothing in the command mentioned in the hadeeth of Abu Dharr (“Feed them
as you feed yourselves”??) to suggest that it is obligatory to eat with
one’s servant; rather it indicates that he should not exclude him and keep
it all for himself; rather he should give him a share of everything, but
that is to the extent that will ward off resentment and jealousy (evil eye)
on his part. Ibn al-Mundhir narrated from all the scholars that what is
required is to give one’s servant the usual staple food that people like him
in that country eat. The same may be said regarding bedding and clothing.
The master may keep for himself that which is more valuable, although it is
better to give the servant a share in that too. And Allah knows best. End
quote.
Secondly:
Pardoning and overlooking ordinary mistakes made by servants comes under the
heading of good manners. Allah has commanded His slaves to be kind, as He
says (interpretation of the meaning): “and do good. Truly, Allah loves
Al-Muhsinoon (the good-doers)” [al-Baqarah 2:195].
Abu
Dawood (5164) narrated that ‘Abdullah ibn ‘Umar said: A man came to the
Prophet (blessings and peace of Allah be upon him) and said: O Messenger of
Allah, how often should I forgive a servant? And he remained silent, then he
repeated the words and he remained silent. The third time he said: “Forgive
him seventy times each day.”
According to another version: A man came to the Messenger of Allah
(blessings and peace of Allah be upon him) and said: O Messenger of Allah, I
have a servant who behaves badly and does wrong, should I beat him? He said:
“Forgive him seventy times each day.” Narrated by Ahmad (5635); classed as
saheeh by al-Albaani.
Part
of the kindness that is recommended is what you are doing of providing her
with some household needs. This is not basically obligatory upon you, but if
you do something of that nature out of kindness and generosity, then this is
a voluntary good deed on your part, in sha Allah.
Thirdly:
The
servant should not do any activities that are out of the ordinary in her
employer’s house except with his permission, and she does not have the right
to dispose of household items or furniture, or rearrange the furniture,
except with his permission.
And
she does not have the right to take away or give away any household items if
it is not customary among the people to give such things, or if the head of
the household has not given permission to do that. If she does that, then
she has betrayed the trust given to her by the head of the household.
Moreover, she does not have any established rights over you additional to
what has been stipulated in her contract or to what is well established
according to custom. In such cases, what is established according to custom
is like that which is stipulated as a condition.
For
more information, please see the answer to question no.
20869
And
Allah knows best.
