The World Federation One Stop Fiqh

Ruling 2259

Both the owner and the person who takes on the responsibility of tending to the trees must be of the age of legal responsibility (bāligh), sane (ʿāqil), and no one must have compelled them [to enter into the tree tending contract]. Furthermore, they must not be foolish with finances (safīh) – i.e. they must not spend their wealth in futile ways – and the owner must not have been proclaimed bankrupt (mufallas). However, if the gardener has been proclaimed bankrupt, there is no problem as long as the tree tending contract does not require him to have disposal over that part of his wealth over which he has been prohibited to have disposal.