such-and-such, and this is what we call a contracting agreement. We say that this is permissible. But if he contracts with the contractor on the basis that he is an employee, then it becomes a hiring contract.
So, if he says, “Whoever builds this wall will receive ten thousand riyals,” and someone gets there first and begins building, may anyone other than the first person come and complete it? No, because he has the greater right to it. Once he has begun, it becomes binding; otherwise, the basic ruling concerning a reward contract is that it is non-binding.
His statement, “Whoever performs it after learning of the offer becomes entitled to it,” means that he becomes entitled to the reward. For example, a man hears another say, “Whoever returns my camel will receive one hundred riyals.” He then hastens out, searches for it, and brings it back. He is entitled to the payment because he acted after learning of the offer. But if a man finds the lost animal and brings it to its owner without knowing of the reward, he is entitled to nothing, because the author stipulated that it must be after learning of it. The reason is that he did not work for you: he did not know that you had offered a reward, so there was no contract between the two of you. How, then, could he be entitled to anything?! What some people do nowadays is merely as a gesture of generosity.
Some people, when they find something and bring it to its owner, say, “I want money from you in return for safeguarding it”—meaning, “I kept it safe for you”—especially if it is valuable, such as jewelry, watches, and expensive pens. The owner may say, “You are not owed anything by me, because I did not offer a reward,” or, “I did offer a reward, but you did not know of it.” He may withhold payment, because there is no contract between them. Yet it is an act of honorable conduct, when the item is valuable, to give him something that will please him, for the following reason:
First, because he has done a kindness. The Prophet ﷺ said: “Whoever does