مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٤٧١ - ORDERS REGARDING MUSAQAT AND MUGHARISA
landowner the produce also belongs to him, and he should pay the farmer
his wages and the expenses incurred by him, and the rent for the
bullocks and other animals belonging to the farmer. which may have
worked on the farm. And if the seeds have been the property of the
farmer the crop also belongs to him, and he should pay to the landowner
the rent of the land and the expenses incurred by him and rent for the
bullocks and other animals belonging to the landowner which have worked
on the farm. And in both the cases if the amount to which the parties
become usually entitled exceeds the amount agreed upon by them, it is
not obligatory to pay the excess amount.
٢٢٤٤. If the seeds belong to the farmer and if
it transpires after sowing that the contract of muzariah has been void
and if the landowner and the farmer agreethat the crop may remain on the
land on payment or otherwise there is no harm in it. And if the
landowner is not agreeable he can ask the farmer to remove the crop from
theland even before it ripens. And even if the farmer is willing to pay
something to the landowner he cannot compel him to allow the crop to
remain on his land. And thelandowner, too, cannot compel the farmer to
pay rent and let the crop remain on his land.
٢٢٤٥. If roots of the crop remain in the land
after collecting the produce, and after the expiry of the contract of
muzariah and they give produce again in thenext year and the landowner
has not made an agreement with the farmer regarding his share in the
roots, the produce of the second year belongs to the landowner.
ORDERS REGARDING MUSAQAT AND MUGHARISA
٢٢٤٦. Musaqat means that a person may hand over
to another person, for a specified time, those fruit bearing trees, the
fruits of which are his own property, orover which he exercises control,
so that the latter may look after them and the produce