مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٤٦٨ - ORDERS REGARDING MUZARIAH (TENANCY OF AGRICULTURAL LAND)
employer he should complete it. For example if a person says: "If
someone operates upon my eye I shall give him so much money" and a
surgeon commences the operation and in case the position is such that if
he does not complete the operation the eye may become defective he
should complete it. And in case he leaves the operation incomplete he
has no right to demand his fees from the employer.
ORDERS REGARDING MUZARIAH (TENANCY OF AGRICULTURAL LAND)
٢٢٣٦. Muzariah means that the owner of an
agricultural land by an agreement, hands over his land to a farmer so
that he may cultivate it and give a share of theproduce to the
landowner.
٢٢٣٧. Muzariah has certain conditions:
(i) That the owner of land tells the farmer that he has given him the
land for terming and the farmer also says that he has accepted it. Or
without their uttering anything the owner of the land gives the land to
the farmer with the intention that he may do farming in it, and the
farmer accepts it.(ii) Both the owner of the land and the farmer should
be adult and sane and should conclude the agreement of muzariah with
their intention and free will. They should also be not prodigals i.e.
persons who spend their wealth on absurd things.
(iii) The owner and the farmer should have share in the entire produce
of the land. Hence, if they, for example, agree to the condition that
whatever ripens in the beginning, or at the end, will belong to one of
them the agreement of muzariah is void.