To whom does the stipulated share belong by default when the offer is made?

Primary text

The stipulation is intended for the benefit of the laborer, as he receives his return based on that condition, whereas the landowner receives his return based on his capital investment (*māl*). If the owner says, 'I contracted you for a third of the fruit,' the third belongs to the laborer, and the remainder belongs to the owner. However, if the owner says, 'On the condition that a third of the fruit is mine,' Ibn Ḥāmid stated that this is valid, and the remainder belongs to the laborer. Another view holds that this is not valid.