Is it valid to stipulate different fractional shares for different types of fruit trees in a single orchard when contracting for irrigation services (Musaqat)?
General Chapter
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
The stipulation of specific fractional shares for different types of trees (e.g., half of the fig yield, one-third of the olive yield, one-quarter of the vine yield, and one-fifth of the pomegranate yield) within one orchard is valid. This is permissible if the contractor and the owner know the quantity of each type of fruit beforehand, as this situation is legally equivalent to contracting for four separate orchards, each with its own specified share. This is supported by analogy to separate contracts.
Supporting text
If the exact quantity of each fruit type is unknown to both parties, or unknown to one party, the contract is invalid. This is because the unknown quantity might result in the contractor receiving a disproportionately small share of the type for which a small fraction was stipulated, or a disproportionately large share of the type for which a large fraction was stipulated.