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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 will take his place.

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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, …

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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 will nevertheless belong to the owner. Furthermore, the person who does the work on the …

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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 …

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