The Conditions of Musaqat
Issue No.1900- There are some conditions for musāqāt:1) The owner of the trees and the person who undertakes to look after them, should be mature and sane.2) No one should have compelled them into the transaction.3) They should not have been banned from having discretion over their own property.4) The period of musāqāt should be specified, and if the beginning of it is specified, and its end is fixed to be the time when fruits for that year become available, the contract is in order.5) It is necessary that the share of each one of them is fixed as half or one third, etc., of the crop, and if they stipulate, for example, that one ton of the fruits will belong to the owner of the orchard and the remaining quantity will go to the person who looks after the trees, the contract is void.6) It is necessary that the contract of musāqāt be concluded before the appearance of the crop. And if the contract is made after the appearance of the fruits but before they are ripe, the contract will be in order, provided that some work such as watering and spraying which are required for the growth and development of the fruits still remain to be done, otherwise, the contract is not valid as an obligatory precaution. In case however, the work required to be done is merely plucking the fruits and looking after them, the contract is in order but it is not considered to be musāqāt.
