Rules of Ju’ala
2318. Ju’ala means that a person promises that if a particular work is completed for him, he will give a specified amount for it. For example, he declares that if anyone recovers his lost property, he will give him 10 T. One who makes such a declaration is called Ja’il, and the person who carries out that work is called Amil. One of the differences between Ju’ala and Ijara (hire) is that, in the case of “hire”, the hired person is bound to do the job after the agreement, and the hirer becomes indebted to the hired person for his wages, whereas in the case of Ju’ala, the person who agrees to do the job is at liberty to abandon it if he so wishes; and until he completes the job assigned, the person who declared the reward or payment does not become indebted to him.
2319. Ja’il or the person who declares the payment or reward should be adult and sane, and should have made it with his free will and intention, and should have the right of disposal and discretion over his property. Therefore, the declaration by a feeble-minded person who squanders his property indiscreetly is not in order.
2320. The task for which the declaration was made by the employer (Ja’il) should not be Haraam, futile, or one of those obligatory acts which should necessarily be performed free according to Shariah. Hence, if a person declares that he will give 10 T. to a person who drinks alcohol, or traverses a dark passage at night without any sensible purpose, the employment will not be in order.
2321. If Ja’il specifies the reward he would give, for example, he says: “I will give this wheat to whoever finds my horse,” then it is not necessary to mention what is wheat’s price or its origin. But if he make it specific and for example, he says: “I will give 10 Man of wheat to whoever finds my horse,” as an obligatory precaution, he must make all particulars clear.
2322. If a person does not at all mention the amount of reward which he would give for his work, for example, if he says: “I shall give money to the person who finds out my son,” and does not specify the amount of money, and if some one performs the tasks, he should pay him according to what is customarily paid for such tasks.
2323. If the employee in Ju’ala performs the task before the agreement is made, or performs it after the agreement, but with the intention that he will not take any money, he is not entitled to demand wages.
2324. The person who makes a Ju’ala agreement can cancel it before the person employed starts to work.
2325. If the person wishes to cancel the Ju’ala agreement after the employee has started work, it is a matter of Ishkal.
2326. A person appointed to work in Ju’ala can leave the task incomplete. However, if his failure to complete the task causes harm to the person who appointed him, he must complete it. For example, if a person says: “If someone operates upon my eye I shall give him so much money,” and a surgeon commences the operation. If by not completing the operation, the eye will be defective, he must complete it. And if he leaves it half way, he has no claim, whatsoever, over the person who employed him, and he is responsible for damages.
2327. If Amil leaves the job unfinished, and the job is one of those cases that only after their completion some interest is gained, such as not entitled to claim aything. The same applies if Ja’il set a reward for completion of job, and for example, he says: “I will pay 10 T. to whoever prepares a suit for me.” And his intention is to pay wages for the performed job, then he must pay the wages of whatever is done by Amil, although as a precaution, it is better that they make a comprise.