Where there is a dispute over whether a reward was stipulated in the first place, or over its amount, the offeror’s statement is accepted. Whoever returns lost property, or a lost animal, or performs work for another without a stipulated reward is not entitled to compensation—except for one dinar or twelve dirhams for returning a runaway slave; he may also reclaim its maintenance expenses.

His statement, “Where there is a dispute over whether a reward was stipulated in the first place, or over its amount, the offeror’s statement is accepted,” means that if the worker and the offeror differ as to whether a reward was stipulated at all—whether one was stipulated or not—then the offeror’s statement is accepted. This is what the author, may Allah have mercy on him, stated without qualification. Thus, if the worker completes the work and says, “I want a reward,” we say: We must ask the offeror. If he agrees, then you are entitled to what you claim; but if he does not agree, then the basic presumption is that no reward contract existed.

Likewise, if they differ over the amount, with the offeror saying, “The amount is one hundred,” and the worker saying, “The amount is two hundred,” then the offeror’s statement is accepted, because he is the party from whom payment is claimed. For example, if the worker says that it is two hundred and the offeror says that it is one hundred, they have agreed upon one hundred, while the additional one hundred is being claimed. The Prophet, peace and blessings be upon him, said: “The burden of proof is upon the claimant.” (1) For this reason, the scholars derived from this hadith the principle that the statement of the party from whom payment is claimed is accepted.

Yet this too requires further detail. If they differ over the amount, and the offeror claims an amount for which such work could not customarily be performed, while the worker claims an amount for which it could customarily be performed, then we say that the offeror’s claim is contradicted by established custom and common practice. His statement is therefore not accepted, and the worker’s statement is accepted. But even if the worker claims a large amount, it is not accepted if he claims something contrary to customary practice, and because he is claiming from the party from whom payment is sought something that the latter has not acknowledged. Thus, the offeror’s statement is accepted.

His statement, “Whoever returns lost property,” means property that has gone missing but is not an animal, when he brings it to its owner.