Issue No.1896- In case, after the expiry of the contract, the remaining roots grow again in the following year and yield crop, and if the landowner and the farmer have not dispensed with it, the crop of the second year should be divided between them according to the first year.
Issue No.1897- If a person hands over his fruit trees to someone for a specified period of time, so that he cares, tends and waters them, and in return, that person may receive a quantity of fruits, this transaction is called musāqāt.
Issue No.1898- Musāqāt is also valid in respect of trees like rose trees, which are used for extracting rose water, etc. from their flowers, or Henna or cedar trees whose leaves are used, or some other trees whose sap and gum are used. However, a musāqāt transaction in respect of trees, which have none of these uses, is not in order.
Issue No.1899- To conclude the transaction of musāqāt, the prescribed formula can be recited, and it will also be valid without reciting the formula. For example, if the owner of the trees transfers them with the intention of musāqāt and the person who has agreed to take care of them receives them with the same intention, the transaction will be in order. (Of course, the necessary talks about the duration and the conditions, etc. should have taken place earlier).
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.
Issue No.1901- If a clear agreement is made in respect of melon plants, cucumber plants, etc., in which the number of the times of picking and the share of each one are specified, it will be in order, though it cannot be called musāqāt.
Issue No.1902- If a tree benefits from rainwater or the moisture of earth and does not stand in need of irrigation but needs other work like turning up with a spade, fertilising and spraying which will make its fruit or its quality to improve, the contract of musāqāt with regard to it is in order.
Issue No.1903- The parties involved can revoke the transaction of musāqāt with mutual consent, and also if it has been agreed upon that one or both of them would have this right, then, they should act accordingly to the agreement. If in the contract of musāqāt they had laid a condition and that condition is not fulfilled, in case the person who benefits from the condition is not able to compel the other party to fulfil it, then, he can revoke the transaction.
Issue No.1904- The musāqāt transaction is not terminated with the death of the owner of the orchard, and his heirs will act on his behalf. However, if a person to whom the upkeep of the trees was entrusted dies and if they had agreed that he himself would do the job, the contract will become cancelled, but if they have not laid such a condition, his heirs will take his place.
Issue No.1905- The work to be done by each of the parties involved should be specified in advance, like repairing the subterranean canals or the tube-well engine, supplying manure, spraying equipment, etc., and if there is a local norm in this respect, that will suffice.
Issue No.1906- If it transpires that the transaction of musāqāt has been void, the fruits of the orchard will belong to the owner of the orchard, but he should pay wages at the usual rate to the person who has reared the trees by watering them and doing other work on them.
Issue No.1907- If a person hands over a piece of land to another person to plant trees in it, and it is agreed that whatever is grown, will be the property of both of them, in case all aspects of the contract are made clear, the transaction will be in order, though it cannot be called musāqāt.
