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Ruling 2269

A tree planting contract is one in which a person places some land at the disposal of another person so that he may plant trees on it and the proceeds be shared by both of them. This is a valid transaction, although the recommended precaution is to refrain from it. In fact, the same result can be achieved through a transaction that is valid without problem; for example, the two parties can arrive at a settlement (ṣulḥ) and reach a compromise to the same effect; or, they can be each other’s partner (sharīk) with respect to the saplings and thereafter the gardener can hire (ijārah) himself to the owner of the land for planting, tending to, and irrigating them for a specified period of time in return for half of the proceeds resulting from the land during that period.