the owner of them to someone other than the owner of the land, it is permissible, and the purchaser of them takes the place of the seller regarding them. The companions of al-Shafi’i said in one of the two views: It is not permissible for him to sell them to someone other than the owner of the land, because his ownership is weak, evidenced by the fact that the owner of the land has the right to acquire it from him at its value without his permission. Our argument is that it is his property, which is permissible to sell to the owner of the land, so it is permissible to sell it to someone else, like a share of property subject to a right of pre-emption; and with this, what they mentioned is refuted, for the one entitled to pre-emption has the right to acquire the share and purchase it, yet it is still permissible to sell it to someone else. As for if he stipulated in the contract the retention of the plants, the Qadi mentioned that it is valid, and its ruling is the same as if the contract had been absolute. This is also the opinion of the companions of al-Shafi’i. It is possible that the contract is void, because he stipulated something that contradicts the requirement of the contract, so it is not valid, just as if he had stipulated that in a crop that does not mature before the expiration of the duration, and because the condition is void, evidenced by the fact that it is not obligatory to fulfill it, and it is influential, so it invalidates it, like the condition of retaining crops after the period of the lease.

900 - Issue; He said: (It is permissible to hire a worker for his food and clothing.)

There is a difference of opinion reported from Ahmad regarding one who hires a worker for his food and clothing, or assigns him a wage and stipulates his food and clothing; it is narrated from him that this is permissible, which is the school of Malik and Ishaq. It was narrated from Abu Bakr, Umar, and Abu Musa (may Allah be pleased with them) that they hired workers for their food and clothing. It is also narrated from him that this is permissible in the case of a wet nurse [but not others. The Qadi chose this. This is the school of Abu Hanifah, because that is unknown; it is only permissible in the case of a wet nurse] due to the saying of Allah the Almighty: {And upon the father is their provision and their clothing according to what is acceptable.} He obligated for them maintenance and clothing for breastfeeding, and did not distinguish between