Upon whom falls the maintenance expense of the landowner's servants if their cost is not explicitly mentioned in the contract?
General Chapter
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
If the contract is silent regarding the maintenance expenses of the landowner's servants, their maintenance is the responsibility of the landowner. This is the position of Al-Shafi'i. The evidence is that since the servant is owned by the landowner, his maintenance falls upon the owner when unspecified, analogous to renting a servant.
Supporting text
Malik states that the maintenance of the servants is the responsibility of the contracting laborer because the work itself is the laborer's responsibility, thus the cost of those who perform the work for him should also be his, similar to the cost of his own servants.