مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٤٧٢ - ORDERS REGARDING MUSAQAT AND MUGHARISA
may be divided between them as agreed upon by them.
٢٢٤٧. A transaction of musaqat is not correct in
respect of trees like willow and palm tree which do not bear fruit and
it is difficult that it should be correct in respect ofa tree like
henna. a kind of plant the leaves of which are utilized.
٢٢٤٨.While concluding a transaction of musaqat
it is not necessary that the prescribed formula be read. On the other
hand it the owner of the tree transfers it withthe intention of musaqat
and he who is to do the work begins doing the work with the same
intention, the transaction is in order.
٢٢٤٩. The owner of the trees and the person who
undertakes to look after them, should be adult and sane and should not
have been coerced by anyone. Furthermore, theowner should not be a
prodigal i.e. one who spends his wealth absurdly.
٢٢٥٠. The period of musaqat should be known and
if its beginning is specified and its end is fixed to be the time when
fruits for that year become available thecontract is in order.
٢٢٥١. It is necessary that the share of each one
of them should be ١/٢ or ١/٨ etc. and if they stipulate that, for
example, one ton of fruit will belong to theowner of the trees and the
remaining quantity will go to the person who looks after the trees, the
contract is void.
٢٢٥٢. The contract for musaqat should be
concluded before the appearance of fruit. In case, therefore, the
contract is made after the appearance of fruit and beforeits ripening,
and work like watering the trees, which is necessary for their
development, is no long required to be done, the contract is not in
order. although the trees maystill need clipping and upkeep. nether it
the work for the development of the trees still remains to be done, it
is difficult that the contract may be in order.
٢٢٥٣. On the basis of precaution the contract of musaqat for the plants of melon and cucumber is not in order.
٢٢٥٤. It a tree benefits from rainwater or the moisture of earth