Is the finder of an escaped slave entitled to a reward even if no reward was stipulated?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
The finder of an escaped slave is entitled to a reward (*j'al*) even if it was not explicitly stipulated. This view is held by Umar, Ali, Ibn Mas'ud, Shurayh, Umar ibn Abd al-Aziz, Malik, and the Companions of Ra'y (the jurists of Iraq). The supporting evidence includes a narration that the Prophet, peace be upon him, awarded a dinar for the return of an escaped slave found outside the sacred precinct (*Haram*). Furthermore, the consensus among the early Companions who held this view suggests its validity, as no dissenter was known during their time. This ruling is established due to the necessity of encouraging the return of fugitives, preventing them from reaching enemy territory (*dar al-harb*), protecting them from apostasy, and strengthening the community against enemies.
Supporting text
Ahmad initially expressed uncertainty, suggesting a lack of authentic hadith on the matter, which implies a leaning towards not obligating the reward. This is also the apparent view of al-Khiraqi, who only mentioned compensation for expenses incurred, not a stipulated reward. Al-Nakh'i, al-Shafi'i, and Ibn al-Mundhir held that no reward is due unless stipulated, analogous to returning a stray animal, as the action was performed for another without a prior agreement for compensation.