What is the ruling if the fruit is stipulated to be divided equally, or if the working partner is stipulated to receive one-third of the fruit?
General Chapter
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
If the contract stipulates that the fruit is divided equally between the partners, or if the working partner is stipulated to receive one-third, the Musaqah contract is invalid (fasid). This is because the working partner is already entitled to half the fruit by virtue of ownership, and thus nothing is stipulated in exchange for his labor. If one-third is stipulated for the working partner, it implies that the non-working partner grants a third of his share to the worker without compensation.
Supporting text
There is another view held by our colleagues that the worker is entitled to the customary wage (ajr mithl) because the Musaqah contract necessitates compensation, which cannot be waived by the worker's consent, similar to marriage. Since the compensation was not delivered, the customary wage is due. However, the primary ruling holds that since the worker acted as a volunteer in another's property, he is not entitled to compensation, just as if no contract was made. This situation differs from marriage because the marriage contract is valid and necessitates compensation upon validity, whereas this contract is invalid and necessitates nothing. Furthermore, sexual relations are not permitted merely by permission, unlike labor.