• It is also permissible in juʿālah to combine specification of both the task and the time-limit, as in the statement, “Whoever sews this garment within one day shall receive such-and-such.” If the sewing is completed within that day, the reward is due; if not, nothing is owed. In ijārah, by contrast, the work contract is invalid when it combines a defined task with a fixed period.
• In juʿālah the worker does not obligate himself to perform the task, whereas in ijārah the hired party is bound to carry it out.
• Juʿālah does not require naming a particular worker; ijārah, however, is only valid when the employee is specified.
• Juʿālah is a non-binding contract that either party may revoke unilaterally; ijārah is binding, and neither side may annul it without the consent of the other.
The jurists, may Allah have mercy on them, further state that anyone who performs work for another without an agreed reward and without the owner’s permission is entitled to nothing. He has provided a benefit gratis, and no one incurs liability for what he never undertook. Two situations are excepted:
- If the worker normally offers his services for pay—such as a broker or a porter—then, when he acts with permission, he is entitled to wages, for customary practice indicates this. One who is not habitually for hire earns nothing, even with permission, unless a specific condition is set.
- Whoever rescues another person’s property from imminent loss, such as retrieving it from the sea,