hiring someone for Hajj is unlawful, we would shut the door of representation altogether. Who would be so inclined as to say, “I want to fulfil my brother’s need and perform Hajj on his behalf, and I am content with whatever he gives me”? Such a person is rarely found.

Some scholars have said that this is permissible only in cases of need; when there is no need, it is not permissible. This was the view chosen by Shaykh al-Islam Ibn Taymiyyah, and he made the criterion the need of the person hired—namely, the one who hires himself out. If he is in need, it is permissible for him to take payment; otherwise, it is not.

Is it permissible to give a reward for it? Yes, it is. Thus, for example, there is nothing wrong with giving a specified reward to someone who memorizes ten portions of the Quran.

The principle is that no hiring contract is valid for any deed that can only be performed as an act of drawing near to Allah. However, a hiring contract is valid for acts of devotion whose benefit extends to others, on condition that the contracting party does not intend, by this act of devotion, to worship Allah Most High; rather, he intends to benefit the person who hired him to obtain that benefit.

What is the type of work for which it is stipulated that its doer be among those qualified to perform acts of devotion, and who are those so qualified? They say that such a person is a Muslim, for a disbeliever can never be among those qualified to perform acts of devotion: whatever he does, his deeds do not bring him nearer to Allah. Thus, any work that may validly be done by a disbeliever may validly be the subject of a hiring contract, and there is no objection to it—even building a mosque. So, if you hire someone to build a mosque for you, there is nothing wrong with that, because a disbeliever may build a mosque. However, we hold that there must be a supervisor over him to monitor the execution of the construction and its foundations, lest he act dishonestly.