Muwatta 2060

Malik says: irrigation partnership is not proper for any of the roots in which irrigation partnership is lawful when there is fruit on them that has ripened, shown ripeness, and whose sale is due. It should be made for the following year. The irrigation partnership of fruit whose sale is due is hire: he irrigates the owner of the root for fruit that has shown ripeness, on condition that he takes care of it and cuts it for him, as if he gives him dinars or dirhams. That is not irrigation partnership. Irrigation partnership is only between when the palm is pruned and when the fruit ripens and its sale is due. 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 hire.