What is the ruling on the laborer stipulating payment from the fruit yield for hired laborers (Ajra') required for the work?
General Chapter
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
If the laborer stipulates that the wages of hired laborers needed for the work, and stipulates the amount of the wages, the contract is invalid. This is because the cost of labor falls upon the laborer, and stipulating payment for it from the produce is invalid, similar to stipulating payment for his own labor. If the amount is not specified, the contract is void due to uncertainty (Jahalah).
Supporting text
This situation differs from when a Mudarib (investment manager) stipulates payment for carriers or similar needs, as those costs are not inherently the laborer's responsibility and thus should fall upon the capital owner. However, stipulating payment for labor that the contractor is personally obligated to perform, as in this case, invalidates the agreement.