Muwatta 2070

Yahya said Malik said: the best that has been heard about enslaved workers in irrigation partnership is that the irrigation partner may stipulate them from the owner of the root, and there is no harm in that. They are workers of the property, and so are like the property. The partner gains nothing from them except that his burden is lightened, and if they were not on the property his burden would be heavy. This is like irrigation partnership in a spring and a waterwheel. You will not find anyone entering irrigation partnership on two plots equal in roots and benefit, one with a flowing constant spring and the other with a waterwheel, for the lightness of the spring's cost and the heaviness of the waterwheel's cost. Malik said: this is the practice among us. The constant spring is one whose water is steady and never sinks or stops. ¹

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