the worker is entitled to the customary reward for such work if he has completed it; otherwise, he is entitled to nothing. Another view is that it is governed by the rules of a different contract, namely hiring, so he is entitled to the customary wage for such work, whether or not he has completed it. A third view is that it is assessed according to comparable commercial terms in some cases and the customary reward in others. This is analogous to an invalid profit-sharing partnership: one view is that it remains governed by the rules of its own contract type, with customary profit-sharing terms applied; another is that it is governed by the rules of a different contract, namely hiring, so the worker receives the customary wage. A third view is that customary profit-sharing terms apply to an invalid profit-sharing partnership in some cases, and the customary wage in others. This is Ibn al-Qāsim’s position. Other opinions concerning invalid reward arrangements may fall outside the principles we have outlined, but what we have set out is the correct position concerning them.
Section
A reward arrangement and a hiring contract cannot be combined, because a hiring contract can be concluded only for specified remuneration in return for specified work, whereas a reward arrangement may contain an unspecified element. They are thus two distinct types of contract, governed by different rules; whenever they are combined, both become invalid. It has, however, been reported that Sahnūn permitted combining a tree-planting partnership with a sale, which falls into the same category. Success comes through Allah, glorified and exalted is He.