Whose responsibility is the cost of gathering, harvesting, and collecting fallen produce (Jidhadh, Hasad, Luqatah) in an agricultural partnership?
General Chapter
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
The cost of Jidhadh (gathering dried twigs/fruit), Hasad (harvesting), and Luqatah (fallen produce) falls upon the laborer (Amil). Ahmad explicitly stated this regarding Hasad, which is the view of Al-Shafi'i. The rationale is that this labor is part of the work assigned, similar to Tasmis (exposure to sun). If Ahmad's opinion is followed regarding Jidhadh, if the laborer agrees to bear this cost, it is permissible because the work is his. If it is not stipulated, the cost is shared based on the owner's portion of the yield.
Supporting text
Some Shafi'is maintain that the cost is shared between both parties if not stipulated. Muhammad ibn al-Hasan stated that stipulating this cost upon the laborer invalidates the Musaqah contract because it contradicts the essence of the contract. Those who argue for sharing the cost cite that this action occurs after the fruit is fully ripe and the partnership term has ended, resembling the cost of transport to one's home.