Muwatta 2056

Malik says: the practice in irrigation partnership that the owner of the orchard may stipulate on the partner is: fastening the enclosure, clearing the spring, opening the channels, pollinating the palms, cutting the palm fronds, and gathering the fruit; this and the like, on condition that the irrigation partner has half the fruit, or less, or more, if they agree on it. But the owner of the land may not stipulate the start of a new work that the labourer begins in it, such as a well he digs, a spring whose head he raises, a plantation he plants, bringing its root from himself, or a dam he builds, in which the expenses are large. That is like the owner of the orchard saying to a man: build me a house here, or dig me a well, or dig me a spring, or do me a work, for half the fruit of this orchard, before the fruit ripens and its sale is due. That is the sale of fruit before it shows ripeness, and the Messenger forbade the sale of fruits until they show ripeness. ¹

Belongs to the Muwatta, Book of Irrigation Partnership (musaqat). Source: the Muwatta. Mentions Malik ibn Anas. Built on in the chapters on irrigation partnership (musaqat) and sale.