Both partners are bound to carry out whatever work either of them has undertaken; if one of them falls ill, a substitute is appointed at his partner’s request. The earnings are shared between them, and a partnership formed by brokers is not valid.
Fifth: the partnership of mutual delegation (shirka al-mufāwaḍa). In this arrangement each partner authorises the other to conduct every kind of financial and bodily transaction on his behalf. If they include an unusual source of income or any liability, the contract is rendered void. Each keeps the proceeds of his own labour and is liable for anything he wrongfully seizes and the like.
Chapter on Musāqāt ⦗1⦘
A musāqāt contract is valid for trees that already bear edible fruit, provided the worker receives an undivided share of that fruit; it is likewise valid for trees that he plants and tends, with a share either of the trees themselves or of their yield. If the owner terminates the agreement before the fruit appears, the worker is entitled to wages equal to the value of his labour—but not if the worker himself cancels the contract.
The worker is responsible for every task that benefits the trees: ploughing, watering, pruning ⦗2⦘, pollination, exposing the crop to sunlight ⦗3⦘, repairing the site, maintaining water channels, harvesting, and similar duties. The owner, on the other hand, must handle whatever concerns the infrastructure, such as mending a wall, channelling a stream, installing a waterwheel, and the like. Both parties share the final picking in proportion to their respective shares, unless the entire burden has been specifically placed on the worker.