Is it permissible to stipulate that a party undertake duties that normally fall to the other party in the Musaqah contract?
General Chapter
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
The view of Al-Qadi and Abu Al-Khattab, which is the Madhhab of Al-Shafi'i, dictates that stipulating duties contrary to the inherent requirements of the contract invalidates the Musaqah, similar to imposing labor upon the capital owner in a Mudarabah contract. However, a narration from Ahmad suggests such a condition is valid. This latter view holds that such a stipulation does not undermine the purpose of the contract and introduces no corruption, making it valid, similar to deferring the price in a sale or stipulating collateral.
Supporting text
It is required for validity that the labor incumbent upon each party must be clearly known to prevent conflict and negligence that disrupts work. Furthermore, the labor assigned to the owner of the capital must not exceed that assigned to the cultivator, since the cultivator earns compensation for their work; if they do not perform the majority of the work, their presence is equivalent to absence, and they should receive nothing.