except through joint ownership of the assets themselves, so that both share equally in the risk of their destruction. The second is that equivalence can be achieved without joint ownership of the assets, provided that the rental value of one partner’s contribution equals that of the other’s. Those who gave precedence to hire considered the agreement binding upon its conclusion and permitted unequal contributions without requiring equivalence. Ibn Habīb stipulated that the disparity must not be excessive, as when the rental value of one partner’s contribution exceeds the value of the other’s contribution by a clear margin of a kind not ordinarily tolerated in sales. Ibn Sahnūn held that this is permissible even where the disparity is considerable and manifest, provided that each contribution has a counterpart. But if one partner contributes something of substantial value for which the other provides no counterpart, it is impermissible. The first view is more consistent with analogy: unequal contributions are permissible in all cases if precedence is given to hire and the contract is regarded as binding.
Section
There are six opinions concerning an invalid joint-cultivation agreement that has been entered into and can no longer be undone because work has been performed:
The first is that the crop belongs to the supplier of the seed, who must pay the other participants the rental value of their contributions.
The second is that the crop belongs to the person who supplies the labour. This is Ibn Abī Zayd’s interpretation of Ibn al-Qāsim’s position as reported by Ibn al-Mawwāz.
The third is that it belongs to whoever contributes two of the three essential elements: seed, land, and labour. If there are three participants and each contributes two of these elements, or each contributes just one, the crop is divided equally among them in thirds. If one of them alone contributes two of these elements, the crop belongs exclusively to him. This is Ibn al-Qāsim’s position and the view preferred by Ibn al-Mawwāz, according to Abū Ishāq al-Tūnisī’s interpretation.
The fourth is that it belongs to whoever contributes two of three things, in this order: land, labour, and cattle.