مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٤٧٣ - ORDERS REGARDING MUSAQAT AND MUGHARISA

and does not stand in need of irrigation but needs other work like turning up with a spade and manuring, a contract of, musaqat with regard to it is in order.
٢٢٥٥.Two persons who have made a contract of musaqat can cancel it with mutual consent. Moreover, if they lay down in the contract of musaqat the condition that both or one of them will be entitled to cancel the contract, there is no harm in canceling the contract as agreed to by them. And if they lay down a condition in connection with the contract of musaqat and that condition is not carried out, the person, in whose favor the condition was laid down, can cancel the contract.
٢٢٥٦. If the owner dies, the contract of musaqat is not terminated, and his heirs take his place.
٢٢٥٧. If a person to whom the upkeep of the trees was entrusted dies, and if it was not laid down that he would bring them up himself, his heirs take his place. Andif they do not do the job themselves and do not hire a person for it, the religious Head can hire a person from out of the property of the dead person, and divide the proceeds between the heirs of the dead person and the owner of the trees. And if they had agreed that the man would bring up the trees himself the contract stands canceled with his death.
٢٢٥٨. If it is agreed that the entire produce will belong to the owner the contract of musaqat is void, and the fruit is the property of the owner and the person,who works, cannot claim wages. In case, however, the contract of musaqat is invalid owing to same other reason, the owner should give wages at the usual rate to the personwho has brought up the trees for watering them and doing other jobs. But if the usual quantity of wages is more than the stipulated quantity it is not necessary for him togive more.
٢٢٥٩. If a person hands over a piece of land to another person to plant trees in it, and it is agreed that whatever is grown will