We have already mentioned what indicates that this is the worker's responsibility. As for fertilizing the land with manure, if it is needed, the purchase of it is the responsibility of the orchard owner because it is not considered labor, so it follows the same ruling as that which is used for pollination, whereas spreading it on the land is the responsibility of the worker, just like pollination. If they make the contract absolute without clarifying what is the responsibility of each of them, then each of them is responsible for what we have stated is his duty. If they stipulate this, it serves as a confirmation. If they stipulate that one of them shall perform something that is the obligation of the other, the Qadi and Abu al-Khattab said: This is not permissible. Based on this, the musaqat is invalidated, and this is the school of al-Shafi'i, because it is a condition that contradicts the requirement of the contract, thus invalidating it, like mudaraba (profit-sharing) if the labor is stipulated to be the responsibility of the provider of capital. However, it has been narrated from Ahmad what indicates the validity of this; for he mentioned that the harvesting is the responsibility of both, yet if he stipulates it on the worker, it is permissible. This is the requirement of the words of al-Khiraqi regarding mudaraba, because it is a condition that does not compromise the benefit of the contract and contains no harm, so it is valid, like deferring the price in a sale, or stipulating a pledge, a guarantor, or an option in it. Nevertheless, it is a condition that the labor incumbent upon each individual be known, so that it does not lead to disputes and mutual avoidance, which would impair the labor, and that the labor assigned to the orchard owner does not constitute the majority of the work, because the worker is entitled [to a share] due to his labor; if he does not perform the majority of the work, the existence of his labor is as if it were non-existent, and he would not be entitled to anything.

Section: As for harvesting (jidhad), reaping (hasad), and gleaning (liqad), it is the responsibility of the worker. Ahmad explicitly stated this regarding reaping, and it is the school of al-Shafi'i, because it is labor, so it is the responsibility of the worker, just like drying [the fruit] in the sun. It has been narrated from Ahmad regarding harvesting (jidhad) that if it is stipulated upon the worker, it is permissible because the labor is his duty. And if he does not stipulate it, then it is the responsibility of the orchard owner regarding his share of what reaches him [and the responsibility of the worker regarding his share of what reaches him]. The apparent meaning of this is that he assigned the harvesting to both, and he chose the view of stipulating it upon the worker. This is also the opinion of some Shafi'is. Muhammad ibn al-Hasan said: The musaqat is invalidated by stipulating it upon the worker, because it is a condition...