How are the fruits handled if they have already shown signs of ripeness (bada'a salahha) upon dissolution when the cultivator's heir refuses to work?
General Chapter
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
If the fruit has shown signs of ripeness, the owner has the choice either to sell the entire harvest or to purchase the cultivator's share. If the owner chooses to buy the cultivator's share, it is valid. If the owner chooses to sell his own share as well, he sells it, and the judge sells the cultivator's share. If the owner refuses to sell or buy, the judge sells only the cultivator's share. The remaining work required from the cultivator is then hired out to someone else, and any surplus goes to the heir.
Supporting text
If the entire harvest needs to be sold, it is sold.