Sleeping During Night Shifts Without Affecting Work

Question

A question regarding the permissibility of sleeping during night shifts in the health sector without impacting work performance. [AR_ID:3621]

Answer 1

Peace be upon you.

Grand Ayatollah Sayyid Sistani (may Allah preserve him):

It is not permissible for him to engage in any action that contradicts the employment contract. If sleeping contradicts the employment contract, it is not allowed, even if he is certain that it will not affect the work. If he is hired to guard property and it gets stolen, he is only liable if he was negligent in his guarding duties. A tendency to sleep, even if he is trying to resist it, does not count as negligence. However, if it was stipulated that he must compensate for the value if the property is stolen, he must fulfill that obligation. He is entitled to his wages as long as he does not neglect his duties and performs his guarding responsibilities as is customary, unless it was stipulated that he waives his wages in the event of theft.

Source: Minhaj al-Salihin - Part Two, Chapter Five on Rental Contracts, Issue 456 + Minhaj al-Salihin - Part Two, Chapter Four on Loss and Damage in Rental Contracts, Issue 444

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Grand Ayatollah Sayyid Khamenei (may Allah preserve him):

It is not permissible for him to engage in any action that contradicts the employment contract. If sleeping contradicts the employment contract, it is not allowed, even if he is certain that it will not affect the work.

If he is hired to guard property and it gets stolen, he is only liable if he was negligent.

However, it is permissible to stipulate liability for loss or theft, even without negligence, by committing in the rental contract that if property is lost or stolen from the garden or house, he will bear the loss. Thus, holding the guard liable if something is lost is permissible if he commits to it in a lawful manner.

Source: Tahrir al-Wasilah, Book on Rental Contracts, Issues 27, 44, 35

May you be successful in all good.