When does the share of the cultivator (al-Amil) in the fruit production vest?

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The cultivator possesses his share of the fruit upon its appearance. If all the fruit perishes except for one unit, that remaining unit is divided between the parties. This is one opinion of Al-Shafi'i. The evidence supporting this view is that the stipulated condition is valid, thus its necessary consequence must be established, similar to other valid stipulations. The consequence is that the fruit belongs to them in all circumstances, because if the cultivator did not own it before division, division would not be obligatory, nor would he own it, similar to the principal assets (al-usul). Furthermore, unlike Qirad (Mudarabah), where the profit is only owned upon the delivery of the capital, the fruit here is not a protection for capital; thus, if the principal assets perish entirely, the fruit remains divided between them.