Is a finder entitled to the reward (*'Ijl*) if they return found property after having initially intended to claim the reward?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
If a finder recovers lost property before the owner announces any reward (*'Ijl*), and subsequently returns it alleging the reward, the finder is not entitled to any compensation. This is because the initial taking was without expectation of compensation, and any subsequent work done on the property of another without a pre-existing agreement for compensation yields no right, similar to a finder who made no such initial agreement. The finder is not entitled to claim the reward for returning the item because the return is obligatory without compensation; therefore, compensation for an obligatory act is impermissible, like other mandatory duties.
Supporting text
The finder is entitled to the reward if the property was found after the owner announced it, as the owner offered their benefit for a stipulated compensation, which the finder then earned, comparable to a hired laborer working after the contract is made. The distinction made in the text regarding returning the item due to the 'defect of the reward' (i.e., intending to claim it) serves primarily to establish that the finder has no right even if they intended to claim the reward, making the ruling clearer for cases where the finder did not intend to claim it at all.