except by a contract, a stipulation of compensation, or by compensating for it; because no custom has occurred that takes the place of a contract, so it becomes as if he had volunteered it, or worked on it without the permission of its owner. And if he hands a garment to a man to sell it, the ruling regarding it is [like the ruling on the fuller] (74) and the tailor; if he is established to sell for people for a wage, he is entitled to the wage of his like. Ahmad stated this textually, and if he is not, then there is nothing [due]; for the reasons previously mentioned. And whenever he hands his garment to one of these individuals and does not settle on a wage with him, he is entitled to the wage of his like; because the wages for garments differ, and he did not specify anything, so it proceeded according to the course of an invalid lease (ijara). If the garment is damaged while in his secure possession, or by something other than his own action, there is no liability upon him; because what is not guaranteed in a valid contract is not guaranteed in an invalid one. But if it is damaged (75) by his own action, through tearing it or pounding it, he is liable for it; because if he is liable for it through this in a valid contract, he is even more so in an invalid one. Ahmad said, regarding someone who hands a garment to a fuller to full it, and did not settle on a wage for him, but rather said: "I will give you what is [usually] given." And the garment was destroyed; if it was by tearing or similar [acts] that his hand did not intentionally commit, then there is no liability upon him, whether he specified the hire or did not specify it, and the reason for that is what we have mentioned.

Section: If he hires a man to carry a book for him to Mecca or elsewhere, to a companion of his, and he carries it, but finds his companion absent, and he returns it, he is entitled to the wage for carrying it on the journey there and the return; because he carried it on the journey there with the explicit permission of its owner, and on the return journey [he did so] implicitly, because the implication of his words is: "And if you do not find his companion, then return it." For there is nothing to do other than returning it except for wasting it. He knew that he would not be pleased with him wasting it, so its return became necessary. And Allah knows best.