مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٤٦٩ - ORDERS REGARDING MUZARIAH (TENANCY OF AGRICULTURAL LAND)
(iv) The share of each of them should be ١/٢ or ١/٣ etc. of the produce.
In case, therefore, the owner of the land says: "Do terming in this
land and give me whatever you like" it is not in i order.And the
position is the same if a fixed quantity of the I produce (e.g. ٣٠
kilos) is meant for the farmer or the land I owner; it is not in order.
(v) The period for whichthe land is to remain in possession of the
farmer should be specified and it is necessary that the period should be
sufficient to acquire produce from the land. And it isbetter if this
period commences from a specified day and ends with the farm produce.
(vi) The land should be arable, and if it is barren but can be made fit
for terming by some work being done on it, the contract of muzariah is
in order.
(vii) If the object of both of them is that a particular crop should be
sown, the crop, which the farmer should sow should be specified.
However, if they do not have aparticular crop in view or the crop which
both of them have in view is known it is not necessary that they should
Specify it.
(viii) The owner should specify the land. In case, therefore, he has a
few pieces at land which differ from one another and he tells the farmer
to do farming in one of them and does not specify it, the contract of
muzariah is void.
(ix) The expenses which each of them should incur should be specified.
In case, however, the expenditure which each of them should incur is
known it is not necessary to specify it.
٢٢٣٨. If the owner settles with the farmer that a
certain quantity of the produce will belong to him (the owner) and the
remaining quality will be divided between them, and if they know that
something will remain after taking away that quantity, the contract of
muzariah is in order.
٢٢٣٩. It the period of muzariah (tenancy) comes
to an end and the produce has not yet become available, and the owner of
the land agrees that the crop may remain on his land on payment of rent
or without it, and the farmer is also agreeable to it, there is no harm
in it. And in case the owner of the land does not agree to such an
arrangement he can ask the farmer to remove the crop from there. And if
the farmer sustains a loss owing to its being removed, it is not
necessary for the owner to