What is the ruling if the deceased cultivator leaves no estate, or if hiring a replacement from the estate is impossible?

General Chapter

Al-Mughni

Book of Sharecropping (Musāqāh)

Book 24 · Issue 4 · Bab 1

Open in Qurani

Primary text

If there is no estate for the deceased cultivator or if hiring a replacement is impossible, the capital provider has the right to dissolve the contract because fulfilling the object of the contract (the work) has become impossible, establishing the right to dissolution, similar to when the price of a sold item becomes unattainable before its receipt.