Muwatta 2072

Malik says it is not lawful for the irrigation partner to stipulate on the owner that he have enslaved workers work for him in the orchard who were not there when the partnership was made. Malik said: nor should the owner of the property stipulate that the partner who entered it take from its workers anyone to remove from the property; the irrigation partnership of the property stays as it is. If the owner wishes to remove one of the property's workers, he should do so before the irrigation partnership, or add someone before it, and then make the partnership afterwards if he wishes. If one of the workers dies, is absent, or falls ill, the owner must replace him. 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).