Book of Jiʿāla (Stipulated Reward)

This contract is exemplified by a statement such as, “Whoever brings back my runaway slave shall receive such-and-such.” Its validity depends on wording that clearly indicates the performance of work in return for an obligation to pay. If the task is carried out without the owner’s permission, or permission is granted to one person but another performs the work, the one who performs it is entitled to nothing.

If a third party says, “Whoever returns Zayd’s slave shall have such-and-such,” the person who returns the slave may claim the reward from that third party. But if he falsely claims, “Zayd said, ‘Whoever returns my slave shall have such-and-such,’” no reward is due—neither from him nor from Zayd.

The worker’s explicit acceptance is not required, even when he is singled out by name. The contract is valid for an unspecified task, and—according to the sounder opinion—for a specified one as well. The amount of the reward, however, must itself be known; thus, if the owner says, “Whoever returns him shall have a garment,” or “I will pay him whatever pleases him,” the contract is void and the person who returns the slave is entitled only to the standard wage for such work.

If the owner stipulates a starting point—“from such-and-such a town”—and the slave is returned from a nearer place, the worker receives a proportional share of the reward. If two people are stipulated to return him, they share the reward equally.

When the reward is promised to a particular individual and someone else joins in the work:
• If the helper’s intention is merely to assist that individual, the entire reward belongs to the individual originally named.
• If the helper’s intention is to work for the owner, the original worker receives only his proportional share, and the helper receives nothing under any circumstances.

Either party—owner or worker—may rescind the contract before the task is completed. If rescission takes place before work begins, or the worker withdraws after starting, he receives nothing. If the owner rescinds after the work has begun, he must, according to the sounder opinion, pay the worker the going wage.

The owner may increase or decrease the promised reward before the job is finished; once work has begun, the practical effect of the contract is that the going wage becomes obligatory. If the runaway slave dies en route or escapes again, the worker is entitled to nothing.

After returning the slave, the worker has no right to detain him until the reward is paid. The owner’s word is accepted if he denies either the stipulation of a reward or that the worker exerted himself in returning the slave. Should they disagree about the amount of the reward, both must take an oath.