مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٤٧٠ - ORDERS REGARDING MUZARIAH (TENANCY OF AGRICULTURAL LAND)

compensate the farmer for it. However, although the farmer may be willing to give something to the owner to allow the crop to stand on his land, he cannot compel him to let it remain on his land.
٢٢٤٠. If farming is not possible in the land on account of some occurrence for example, it water is cut off from the land the contract of muzariah is annulled. And if the farmer does not do farming in the land without an excuse and the land remains in his occupation and the owner has no control over it, he should pay the rent for that period to the owner at the usual rate.
٢٢٤١. If the owner of land and the farmer have recited the Formula, they cannot cancel the contract of muzariah without the consent of each other, and it is notunlikely that if the land owner gives over land to someone with the object of farming, even then they cannot cancel the transaction without the consent of each other.However, it they lay down the condition in connection with the contract of muzariah that both or any one of them will have the right to cancel the contract they can cancelthe contract as agreed to by them.
٢٢٤٢. If the landowner or the farmer dies after concluding the contract of muzariah the contract is not terminated and their heirs take their place. However, ifthe farmer dies and if they had stipulated that the farmer himself would do farming the contract of muzariah stands canceled, and in case the crop has become apparent hisshare should be given to his heirs, and his heirs also inherit other rights which he enjoyed. However, they cannot compel the landowner to allow the crop to stand on hisland.
٢٢٤٣. If it is known after sowing that the contract of muzariah has been void and if the seeds have been the property of the