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

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  • Ruling 2266

    If the owner dies, the tree tending contract is not nullified. Instead, his heirs take his place.

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  • Ruling 2267

    If the person who has been tasked with tending to the trees dies, his heirs take his place as long as there is no restriction or condition in the contract to the effect that the person [who died] …

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  • Ruling 2268

    If a condition is stipulated that the entire produce belongs to the owner, the tree tending contract is invalid (bāṭil) but the produce nevertheless belongs to the owner. Furthermore, the person who does the work on the trees …

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  • Ruling 2269

    A tree planting contract is when a person places some land at the disposal of another person to plant trees on it, and they share the proceeds between them. This is a valid transaction, although the recommended precaution …

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