The Book Of Ju'ala

JU'ALA is a unilateral contract that requires a general offer like one's saying "if any one fixes my car he will get 'X' amount of money, n or an offer to a specified person, like if you service my car you will get 'X' amount of money. No acceptance is required because it is not a bilateral contract like irrigation contract or sharecropping etc. An offer as JU'ALA is valid for all reasonable and lawful works. It is lawful if the job is not known and the same applies to payment, provided, it does not lead to dispute, like to say, "any one who finds my lost car he gets half of it etc." If the payment is totally unknown the offer is not valid like saying, "if any one finds my lost car he gets some thing. In such case the worker receives fair market payment for his work.

CR (529) If one volunteers for the work for which service is asked he is not entitled to any payment, regardless, there exists an offer for someone other than him or not.

CR (530) Such offer could even be made by some one other than the owner like saying, "If any one repairs A's car he will be paid 'X' amount of money, and if some one does such a job the offer is binding.

CR (531) In this unilateral contract payment becomes due as soon as service is delivered when delivery is required or at completion of work as the case may be.

CR (532) JU'ALA as a unilateral contract or one-sided offer, is allowable from shar'i point of view. The person who offers such deal can cancel his offer before the work begins but can his canceling the offer in the middle of work be effective is objectionable and if he did, there is no doubt that the worker is entitled to get paid for the work he has done.

CR (533) If one offers two different prices for the same job the one offered later is effective. If first offer is 'x' minus 'b' and the second offer is 'x' plus 'b' or vice verse, plus or minus do not make any difference. Always the second offer is effective, and if there is no indication for his changing his mind from the first to second, he is responsible for both offers and whatever is offered becomes payable.

CR (534) If one makes an offer for a certain service to be done and several people render the service each a part of it, the amount of payment will be divided proportionate to everyone's work. If every one renders the same service fully and independently every one is entitled to the amount offered.

CR (535) If the offer says that for a certain amount of goods to be delivered to a place distant 10 miles an 'X' amount of money will be paid and some one delivers it to a place S miles away, he receives a payment proportionate to the distance he has covered, provided, the owner does not object to such division.

CR (536) If the owner and worker dispute about whether there was an offer or not, job specification, the amount of payment and the efforts of worker in all cases the words of owner is accepted.

CR (537) If the owner and worker dispute about determining the offer, it is objectionable, according to a strong reason, if the dispute is about how many offers were made, the words of one who speaks of a lesser number are accepted, but if the dispute is about the essence of the offer, the words of one who has made the offer is accepted in negating the claim of worker and it is necessary for the owner to make available, what he himself approves to be for the worker.

CR (538) Life or property insurance is valid under the rules of exchanging valuables, provided, on the part of insuring party some reasonable valuable job is done like helping the insured with safety rules and programs etc. or arranging to watch the property and such other respectable works to fit the deal into the rules of exchanging valuables. In such case receiving money from both sides of the contract is lawful, otherwise, the contract is void and receiving money unlawful. However, if money is given to the insuring party as conditional gift, a condition that requires the other party to also pay a certain amount of money such deal is lawful.