Is the removal (carrying away) of excavated earth included in the lease contract for digging a well?
General Chapter
Al-Mughni
Book of Leasing
Primary text
When digging a well, the laborer is obligated to remove the excavated earth because digging is impossible without this secondary action, meaning it is implicitly included in the contract.
Supporting text
If the earth collapses back into the well from its sides, or if an animal falls into it, the laborer is not responsible for removing that material, as it originated from the owner's property and the contract did not encompass retrieving things that fell in from the owner's side.