The failure to specify the worker's share in a musaqat contract
Machine translationRead the Arabic original
Question:
And the Shaykh's language: if he says to you, "You must do the irrigation and farming work on the land," but does not mention what he will give the worker, and only says to him, "Feed the old man, Ibn..."
Answer:
How do I know? Yes, the important point is: if he did not specify the share that the worker is entitled to, if he did not specify it, then the musaqat is not valid. The worker is entitled to his wage, just as if the musaqat or the farming contract were defective due to the failure of its condition. In that case, the worker is entitled to his wage. Yes.
And the Shaykh's language: if he says to you, "You must do the irrigation and farming work on the land," but does not mention what he will give the worker, and only says to him, "Feed the old man, Ibn..."
Answer:
How do I know? Yes, the important point is: if he did not specify the share that the worker is entitled to, if he did not specify it, then the musaqat is not valid. The worker is entitled to his wage, just as if the musaqat or the farming contract were defective due to the failure of its condition. In that case, the worker is entitled to his wage. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 26 من 89|شرح العدة في شرح العمدة|البيوع|باب المساقاة والمزارعة|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:09:14)
The Arabic text is a machine transcription of the audio recording.
