What compensation is due to the worker if the owner terminates the contract before the fruit appears?

General Chapter

Al-Mughni

Book of Sharecropping (Musāqāh)

Book 24 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the owner terminates the binding contract before the fruit appears, the worker is entitled to the fair wage for the work performed (*ajr al-mithl*), because the owner prevented the worker from completing the action that would have entitled him to the agreed compensation. This situation resembles the owner terminating a *Ja'ālah* contract before completion.

Supporting text

This differs from the owner dissolving *Muḍārabah* before profit appears because the work in *Musāqāh* typically leads to the fruit's appearance, and the dissolution prevents the realization of the owner's share of that fruit, aligning it more closely with the dissolution of a *Ja'ālah*.