What is the ruling on the capital provider's expenses for maintaining the fruit if the contract is deemed binding (lazim) and the cultivator dies, but the owner opts to continue the Musaqah?

Primary text

If the capital provider chooses to abide by the Musaqah when it is deemed binding, the contract is not dissolved. The provider must seek the judge's permission to spend on the fruit and will be reimbursed for the expenses. If seeking the judge's permission is impossible, the provider may spend intending reimbursement while witnessing the expenditure and stipulating the condition of return, and thus they will be reimbursed. This is one of the two opinions held by the companions of Al-Shafi'i because it is a necessity.