What is the legal status of the fruit if work is performed based on an invalid contract where the fruit division was stipulated equally or less than the ownership share?
General Chapter
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
If work is performed under such a condition where the fruit division was stipulated equally, the fruit is divided between them according to their ownership shares by the rule of ownership. The working partner is not entitled to anything for his labor because he consented to work without compensation, which is akin to him stating he would work for nothing.
Supporting text
There is an alternative opinion among our colleagues that the worker is entitled to the customary wage because the Musaqah contract implies compensation, which cannot be nullified by consent, similar to marriage. Since the compensation was not received, the customary wage is due. The primary position counters this by stating the worker volunteered his labor in another's property and thus merits no reward, similar to the absence of a contract. The difference from marriage is twofold: first, the marriage contract is valid and necessitates compensation, while this contract is invalid and necessitates nothing; second, sexual relations are not permissible merely by permission or consent, unlike labor.