Is the option of condition (*Khiyār ash-Sharṭ*) established in *Musāqāh*?
General Chapter
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
The option of condition (*Khiyār ash-Sharṭ*) is not established in *Musāqāh*. If the contract is revocable (*Jā'iz*), it is sufficiently self-governing and does not require an additional option. If the contract is binding, its dissolution means the object of the contract—the work upon the trees—cannot be returned.
Supporting text
The option of the council/session (*Khiyār al-Majlis*) is not established if the contract is revocable due to the established principle. If the contract is binding, there are two views: one holds it is not established because it is a binding contract not requiring the immediate receipt of compensation, unlike marriage; the other view holds it is established because it is a binding contract concerned with wealth, resembling a sale.