Is it permissible to stipulate that the landowner's male servants (Ghilman) work alongside the laborer in the agricultural partnership?
General Chapter
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
It is permissible to stipulate that the landowner's servants work with the laborer, as their labor is considered the labor of the owner, since the servant's hand is the master's hand. This is the primary view mentioned. The expenses (Nafaqah) for these servants are borne by the landowner if the contract is silent on their maintenance. If the contract stipulates the laborer pays their maintenance, it is permissible, and specifying the exact amount is not required.
Supporting text
A secondary view suggests that it is permissible because the servants are the owner's property, thus their work can follow their property rights, similar to an animal used in a water wheel or an animal provided to a contractor in a Mudarabah contract. If the maintenance cost is stipulated upon the laborer, some scholars require that the amount be specified because it is a condition imposed upon him for something not originally his obligation, unlike when the maintenance is left unspecified.