Is offering a reward (ja'al) for services, such as returning lost property or defective work, permissible?

General Chapter

Al-Mughni

Book of Lost-and-Found Property

Book 29 · Issue 4 · Bab 1

Open in Qurani

Primary text

The offering of a reward (ja'al) for returning lost animals (dallah), runaway slaves (abiq), and similar matters is permissible. This is the view of Abu Hanifa, Malik, and Al-Shafi'i, with no known dissent. The basis for this is the verse: {And for him who brings back the camel-load [of goods] is a reward, and I am its sponsor} (Quran 12:72). Evidence is also found in the tradition where the Companions accepted a flock of sheep as a reward for healing a chief by reading Al-Fatiha, which the Prophet, peace be upon him, permitted, stating, 'Take it, and give me a share from it.' This permissibility is necessitated by need, as the work involved might be inherently unknown, such as retrieving a lost item, where a fixed contract of lease (ijarah) is not suitable, and not everyone will volunteer the service.

Supporting text

The ruling differs from Ijarah (lease contract) because Ijarah is binding (lazim) and requires specification of duration, whereas Ja'alah is permissible (ja'iz), allowing either party to withdraw. Consequently, Ja'alah does not impose an unknown obligation on the party that relies upon the unknown nature of the work, unlike a binding contract.