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17. Tree Tending Contract (Musāqāh) and Tree Planting Contract (Mughārasah)

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  • Ruling 2256

    If a person forms an agreement with someone to, for example, place at his disposal some fruit trees – the fruits of which either belong to him or are under his discretion – for a specific period of …

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  • Ruling 2257

    A tree tending transaction with trees that do not yield fruit but have, for example, leaves and flowers of significant value – such as the henna tree whose leaves are utilised – is valid (ṣaḥīḥ).

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  • Ruling 2258

    In a tree tending contract, it is not necessary to say a particular formula (ṣīghah) [in order for it to be valid]. Rather, if the owner of the trees leaves them with the intention (qaṣd) of a tree …

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  • 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 …

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  • Ruling 2260

    The period of the tree tending contract must be known, and the length of the period must be such that it is possible to harvest the crop in that time. If the start of the period is specified …

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  • Ruling 2261

    The share of each party must be a half, a third, or suchlike, of the produce. If they agree that, for example, 10 kilograms will belong to the owner and the rest will belong to the person who …

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  • Ruling 2262

    It is not necessary that the tree tending contract be concluded before the produce becomes apparent. Rather, if it is concluded after it becomes apparent, in the event that some necessary task remains to be performed in order …

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  • Ruling 2263

    Based on the more apparent (aẓhar)2 juristic opinion, a tree tending transaction for honeydew melon and cucumber plants and suchlike is valid.2For practical purposes in jurisprudential rulings, an opinion that is termed ‘more apparent’ equates to a fatwa.

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  • Ruling 2264

    If a tree uses rainwater or moisture from the earth and does not require any extra irrigation, then as long as it requires other tasks – such as those mentioned in Ruling 2262 – a tree tending contract …

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  • Ruling 2265

    The two parties to a tree tending contract can annul it with the consent of the other party. If they stipulate a condition in the tree tending contract that both or one of them reserves the right to …

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