Section
Among the conditions for the validity of a reward arrangement are that the reward be known and not paid in advance; that the work yield no benefit to the person offering the reward until it is completed; and that no deadline be set for it. If a deadline is set without stipulating that the worker may discontinue whenever he wishes, the arrangement is invalid. If that right is stipulated, there is disagreement. This is the position stated in al-Mudawwana concerning someone who says, “Sell this garment for me today, and you will have a dirham”: this is not permissible unless it is stipulated that the worker may discontinue whenever he wishes.
There are differing interpretations of Sahnūn’s statement at the end of the discussion: “He has also said in a similar case that it is permissible, and this is his predominant view and the one to be relied upon.” Ibn Abī Zayd abridged this on the understanding that he permitted a reward arrangement to be limited to one or two days without any stipulation.
Abū Umar ibn al-Qattān said that Sahnūn meant that he had expressed a view similar to the one in this chapter, concerning a similar case: he permits the reward arrangement, sets a day or two for it, and stipulates that the worker may withdraw whenever he wishes. Sahnūn said, “He has expressed a view like this, and this is his predominant view and the one to be relied upon,” meaning the position stated in the book and similar positions. His expression “his predominant view” implies that he also held a different view. Such a view is indeed found in the report transmitted from him by Īsā:
“I asked, ‘What if he says: Harvest my date palms today; whatever you harvest shall be shared between you and me. You may leave whenever you wish, and you will have half of what you have harvested?’ He replied, ‘There is no good in that.’”
Ibn Lubāba interpreted Sahnūn as meaning that Ibn al-Qāsim’s differing views concerned the arrangement as a hiring contract: on one occasion he considered it a valid hiring contract, and on another an invalid one. All these interpretations, however, are flawed.
As for Ibn Abī Zayd’s interpretation, it is plainly erroneous. By agreement, a reward arrangement is invalid if a deadline is specified without stipulating that the worker may discontinue whenever he wishes. How, then, could this be described as his predominant view and the one to be relied upon?
As for Ibn al-Qattān’s interpretation, it is far removed from the apparent wording of the book, although its meaning is sound and makes the arrangement valid. Ibn Lubāba’s interpretation, however, is both far removed from the apparent wording and unsound in meaning: if this is a hiring contract, it is valid, and there are no grounds for declaring it invalid.
In my view, the meaning of the passage is simply that Ibn al-Qāsim held differing views concerning a man who says to another, “Sell this garment for me today, and you will have a dirham.” In this chapter, he said that it is a reward arrangement and is permissible only if it is stipulated that the worker may discontinue whenever he wishes. He also held another view: that it is permissible as a binding hiring contract, not a reward arrangement. If he sells it partway through the day, he is entitled to a portion of the wage