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Ruling 2267

If the person who has been tasked with tending to the trees dies, in the event that there is no restriction or condition in the contract to the effect that the person himself must tend to the trees, his heirs will take his place. If the heirs do not perform the task themselves nor hire someone to do it, a fully qualified jurist (al‑ḥākim al‑sharʿī) will hire someone using the deceased’s estate and will divide the produce between the heirs and the owner. And if there is a restriction in the contract that the person himself must tend to the trees, the contract is nullified upon his death.