Who is responsible for the animal (ox/cow) used to operate the water wheel?
General Chapter
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
The established view among our associates is that the animal operating the water wheel is the responsibility of the owner of the capital because it is not considered part of the labor, similar to the material used for pollination. However, the preferred opinion holds that it belongs to the cultivator because it is intended for labor, similar to the oxen for plowing. Water drawing is upon the cultivator if no animal is needed, but if an animal is required, it follows other necessary labors.
Supporting text
Some Shafi'i scholars state that tasks concerning both the preservation of the principal and the fruit, such as cleaning canals (kasah for the river), depend on whichever party stipulated it in the contract. If the stipulation is neglected, the Musaqah contract is invalid.