4.6 分成耕种——灌溉园林契约(Musaqat)
4.6 Share Cropping - Musaqat
工作的一种是灌溉合作(Musaqat),即一人将自己的树木交给另一人,由其浇灌和照料,作为回报,后者获得约定比例的果实。之所以称为Musaqat(字面意为灌溉),是因为它与灌溉工作相关,因为希贾兹人的树木主要需要灌溉,他们为此从井中取水。Musaqat是伊斯兰教法允许的工作类型之一。穆斯林(Muslim)记载,阿卜杜拉·本·欧麦尔(ra)说:“安拉的使者ﷺ与海巴尔的居民订立协议,由他们耕种,所产的果实和庄稼各分一半。” Musaqat允许用于棕榈树和葡萄树,劳作者可获得作物中一个已知的部分。这仅适用于有果实的树木。没有果实(作物)的树木,如柳树,或果实不被看重的树木,如松树和雪松,不允许用于Musaqat,因为Musaqat是针对果实(作物)的一部分而言的,而这类树木没有受重视的果实。但对于叶子受重视的树木,如桑树和玫瑰,则允许用于Musaqat,因为它们的叶子等同于果实。这些叶子每年都可采收,因此可以收集,并就其中一部分订立Musaqat,从而适用与果实相同的规定。
One of the kinds of work is the Musaqat, where one person hands over his trees to another person in order to irrigate them and tend to them in return for a defined portion of their fruit. It was called Musaqat (literally meaning irrigation) because it is related to the work of irrigation, where the trees of the people of Hijaz mainly needed irrigation for which they used to draw water from the wells. Musaqat is one of the types of work which Shar’a allows. Muslim has narrated that Abdullah ibn ’Umar (ra) said: “The Prophet (pbuh) of Allah (pbuh) contracted the people of Khaybar over half of what they produce of fruit crops and plants.” Musaqat is allowed in palm trees and vines on a known part of the crops, which are to be given to the worker. This applies only to the trees that have fruit. The trees which either have no fruit (crops) such as the willow, or have fruit not sought after as the pine and cedar, are not allowed for Musaqat, because Musaqat is for a part of the fruit (crops) and these type of trees has no fruit sought after. But those trees whose leaves are sought after such as the mulberry and the rose, Musaqat is allowed in them, because their leaves are equivalent to fruit. This is harvested annually and it is possible to collect it and enter into Musaqat for a part of it, thus invoking the same rule as fruit.