What is the ruling if one partner contracts with the other for them both to work together in the property?
General Chapter
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
If one partner contracts with the other partner that they both work together, the Musaqah contract is invalid. The fruit remains divided between them according to their respective ownership shares. They must settle accounts for their labor: if their work was equal, no further claim exists. If one contributed more labor, and if compensation for this excess labor was stipulated, that partner is entitled to the customary wage for the excess amount. If nothing was stipulated for the excess work, the partner receives nothing, unless applying the alternative view previously discussed.
Supporting text
The alternative view holds that the partner who performed more labor is entitled to the customary wage (ajr mithl) because the Musaqah contract implies compensation, which cannot be waived by consent, similar to marriage. Since the compensation was not delivered, the customary wage is due. The primary position counters this by stating the worker volunteered his labor in another's property and thus merits no reward, similar to the absence of a contract. The difference from marriage is twofold: first, the marriage contract is valid and necessitates compensation, while this contract is invalid and necessitates nothing; second, sexual relations are not permissible merely by permission or consent, unlike labor.