But if no such work remains to be done...

But if no such work remains to be done, then a contract for merely watering the trees, plucking the fruits, and looking after them, cannot be valid. Issue 2253: * A contract of Musaqat for creeping plants, like melon and cucumber, is also valid. Issue 2254: * If a tree benefits from rainwater or the moisture of earth, and does not stand in need of irrigation, but needs other work as described in rule 2252, the contract of Musaqat will be in order.

Issue 2255: Two persons who have entered a contract of Musaqat can cancel it with mutual consent. Moreover, if they lay down in the contract of Musaqat, a condition that both or one of them will be entitled to cancel the contract, there will be no harm in cancelling the contract as agreed to by them. And if they lay down other conditions in the agreement, which are not followed, the person who was to benefit from that condition can cancel the contract.

Issue 2256: If the owner dies, the contract of Musaqat is not terminated, and his heirs take his place. Issue 2257: * If a person to whom the upkeep of the trees was entrusted dies, and if it was not agreed that he would tend and care for them himself, his heirs take his place.

And if they do not do the job themselves, and also do not hire a person for the work, the Mujtahid will hire a person and pay from the estate of the dead person, and divide the crop between the heirs of the deceased and the owner of the trees. And if they had agreed that the man would tend and care for the trees himself, the contract will be cancelled upon his death.

Issue 2258: * If it is agreed that the entire crop will belong to the owner, the contract of Musaqat is void, but the fruit will remain the property of the owner, and the worker cannot claim any wages, except when the contract of Musaqat is invalid because of some other reason. In that case, the owner will pay wages at the usual rate to the person who has reared the trees by watering them and doing other jobs.

But if the usual amount of wages is more than the stipulated amount, and the opposite party was aware of it, it is not necessary for him to pay the excess. Issue 2259: * If a person hands over a piece of land to another person to plant trees in it, and it is agreed that whatever is grown, will be the property of both of them, the contract is called Mugharisa, and is valid, though it should be avoided, as a precaution.