Section: If he enters into a musaqat contract with him regarding young palm shoots or small trees for a duration in which they usually bear fruit, and he is to have a known portion of the fruit, it is valid. This is because there is nothing more to it than the worker's labor increasing and his share decreasing, and this does not prevent its validity, just as if he assigned him one share out of a thousand shares. It contains the categories we mentioned regarding large palm trees and trees, which is that if we say: Musaqat is a permissible (non-binding) contract, we do not need to specify a duration. But if we say it is binding, it involves three categories: The first is that he sets a duration during which it usually bears fruit; this is valid, and if it bears fruit within that time, he gets what was stipulated for him, and if it does not bear fruit during that time, he gets nothing. The second is that he sets it for a duration during which it does not usually bear fruit; this is not valid. If he works during it, is he entitled to wages? There are two views. If it bears fruit during that period, he is not entitled to what was set for him, because the contract was invalid, so he is not entitled to what was stipulated in it. The third is that he sets the duration for a time during which it might bear fruit and might not; is this valid? There are two views. If we say it is not valid, he is entitled to wages. If we say it is valid, and it bears fruit during the period, he is entitled to what was stipulated for him, but if it does not bear fruit, he is entitled to nothing. If he stipulates for him half the fruit and half the core, it is not valid; because the subject of musaqat is that they share in the yield and the benefit, so if he stipulates their sharing in the core, it is not permissible, just as if he stipulated in a mudaraba contract that they share in the capital. Thus, he is entitled to a fair wage (ajr al-mithl). Likewise, if he grants him a portion of its fruit for the duration of its existence, it is not permissible. If he grants him the fruit of a year after the duration of the musaqat, it is not permissible, because it contradicts the subject of musaqat.

Section: If he enters into a musaqat contract with him regarding trees that he will plant and work on until they bear fruit, and he is to have a known portion of