Is it valid for one contractor to serve two owners of a single orchard with specified fractional shares from each owner's portion?

General Chapter

Al-Mughni

Book of Sharecropping (Musāqāh)

Book 24 · Issue 4 · Bab 1

Open in Qurani

Primary text

If an orchard belongs to two individuals, and one contractor is hired such that he receives half of the first owner's share and one-third of the second owner's share, the contract is valid, provided the contractor knows the exact share belonging to each owner. This is permissible because the single contract with two owners is treated as two distinct contracts, and the contractor could have stipulated these terms if contracted with each owner individually.

Supporting text

If the exact share belonging to each owner is unknown, the contract is invalid. This uncertainty introduces a legal risk (*gharar*), as the contractor's benefit could be diminished if the portion related to the half share is smaller, or enhanced if it is larger.