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They then brought the sheep to the companions, who said, "We will not accept them until we ask the Messenger of Allah (peace be upon him)." When they returned a

27 November 2025 • 371 views
Also, from a rational perspective, this ruling is supported by necessity. In some cases, the nature of the work may be unknown, such as returning a lost animal or finding a lost item. Since the task is uncertain, it cannot be contracted through ijārah due to the ambiguity involved. Also, there may be no volunteers willing to perform such tasks for free. Therefore, the need arises to offer compensation despite the uncertainty of the work. ------------------------ المسألة الثانية: الأحكام المتعلقة بها Related Legal Rulings The following rulings apply to Al-Ja‘ālah: 1. The person offering the reward (al-jā‘il) must be جائز التصرف legally competent, and the worker (al-‘āmil) must be capable of performing the task. 2. The task must be permissible. It is invalid for unlawful activities such as singing, making alcohol, or similar prohibited acts. 3. The task must not be time-restricted. For example, if someone says, "Whoever returns my camel by the end of the week will receive a dinar," the agreement is invalid. NOTE: The scholars differed regarding specifying a time, but what's correct is that it is valid, as Ibn Qudāmah, may Allāh have mercy on him, said in Al-Mughni (8/324): «صح لأن المدة إذا جازت مجهولة، فمع التقدير أولى» "If an indefinite duration is permissible, then specifying it is even more justified." 4. Al-Ja‘ālah is a non-binding contract, meaning either party can terminate it at any time. NOTE: Ja’ālah is a contract, so payment warranted only when performed under a contractual agreement; in the absence of such an agreement, no compensation is due. Moreover, if we were to grant compensation for work done without a reward or permission, we would be imposing an obligation upon someone without their consent, which is unjust. EXAMPLE: If a man finds a wallet on the street, contacts its owner, and returns it, then demands payment in return for finding and delivering it, does he have the right to do so?? He has no right to demand payment, as long as the wallet’s owner did not offer a reward for its return. However, if the owner voluntarily gives him something, this is an act of generosity and good character. The fuqahā have give two exceptions to this ruling: First Exception: Returning a Runaway Slave = they are entitled to a reward of either one dīnār (gold) or twelve dirhams (silver), based on a hadith reported by al-Bayhaqī in As-Sunan Al-Kubrā, narrated from Ibn Abī Mulaykah and ʿAmr ibn Dīnār: ((أن النبي ﷺ جعل ردّ الآبق إذا جاء به خارجًا من الحرم دينارًا)) "The Prophet ﷺ set a reward of one dīnār for returning a runaway slave if brought from outside the Haram." However, this hadith is weak in its chain of transmission. Nevertheless, it has been narrated from multiple Companions, including ʿUmar ibn al-Khaṭṭāb, ʿAlī ibn Abī Ṭālib, and ʿAbdullāh ibn Masʿūd (may Allāh be pleased with them), and we do not know of anyone who opposed them. Second Exception: Rescuing Someone Else’s Property from Destruction (such as fire, drowning, or similar disasters) = they are entitled to fair compensation (ujrat al-mithl). This ruling encourages and incentivises the preservation of property from loss. Sheikh al-Islām Ibn Taymiyyah (may Allāh have mercy on him) said: «من استنقذ مال غيره من المهلكة وردّه استحق أجرة المثل ولو بغير شرط في أصح القولين، وهو منصوص أحمد وغيره» "Whoever rescues another person’s property from destruction and returns it is entitled to fair compensation, even without prior agreement, according to the stronger opinion. This is the position explicitly stated by Imām Aḥmad and others."