Is it valid to stipulate different fractions from two distinct orchards in a single contract?
General Chapter
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
If an owner stipulates two different fractional shares from two different orchards in a single contract (e.g., half from this orchard and one-third from that one), the contract is valid. This is treated as a single transaction encompassing two specified compensations, similar to selling two distinct houses for two distinct prices in one sale.
Supporting text
If the owner stipulates 'half from one of them and one-third from the other' without specifying which fraction applies to which orchard, the contract is invalid due to ambiguity concerning which orchard is subject to the half share and which is subject to the third share.