What is the legal status of a Musaqah contract upon the death of a party if the contract is deemed binding (lazim)?
General Chapter
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
If the contract is deemed binding, it does not terminate upon death. The heir steps into the position of the deceased party, as the contract resembles Ijarah (lease/hire) in being binding.
Supporting text
However, if the deceased was the cultivator and his heir refuses to take over his role, the heir cannot be compelled, because the heir is only obligated for rights against the deceased that can be paid from the estate, and labor (work) is not of that nature. In this case, the judge hires someone from the estate to perform the work.