Stipulating free delivery when a delivery worker is late

A question about stipulating that a delivery is free if the delivery worker is late beyond a set time, in which Jordan's General Iftaa Department answered that stipulating that the worker loses his whole wage for lateness is forbidden unless he volunteers it himself, while stipulating a known deduction from the wage is permitted. ¹

The questioner asked whether he may stipulate to a delivery worker that delivery is free if the goods do not arrive within a set time, and what the ruling is if some workers make this offer themselves to attract customers. ¹

The Department answered that rights must in principle be paid to those owed them, including a hired worker's right, because using a worker without payment is injustice, citing a hadith reported by al-Bukhari about one who hires a worker, takes his full work and does not give him his wage. ¹ It said a delivery worker is a hired worker providing a service, so his right may not be cut by stipulating that he gets no wage if he is late; but stipulating a deduction of part of the wage is permitted, as held by some Hanafis and in the Majalla, quoting al-Marghinani in al-Hidaya that Abu Yusuf and Muhammad allowed both conditions where someone says: if you sew it today you get a dirham, and if tomorrow, half a dirham. ¹ It said that if the worker imposes this on himself it is permitted, as a voluntary gift, and noted that some delivery companies impose the condition and so deprive the worker of his due for his effort, which is forbidden. ¹ It concluded that stipulating that the worker loses his wage for lateness is forbidden unless he volunteers it, and that stipulating a known deduction from the wage for lateness is permitted. ¹

Jordan's General Iftaa Department published this fatwa on aliftaa.jo as no. 3990, dated 27 July 2025. ¹ The museum records this text as a historical document attributed to the body or scholar that issued it; it issues no ruling of its own.