Issue No.1904- The musāqāt transaction is not terminated with the death of the owner of the orchard, and his heirs will act on his behalf. However, if a person to whom the upkeep of the trees was entrusted dies and if they had agreed that he himself would do the job, the contract will become cancelled, but if they have not laid such a condition, his heirs will take his place.
Issue No.1905- The work to be done by each of the parties involved should be specified in advance, like repairing the subterranean canals or the tube-well engine, supplying manure, spraying equipment, etc., and if there is a local norm in this respect, that will suffice.
Issue No.1906- If it transpires that the transaction of musāqāt has been void, the fruits of the orchard will belong to the owner of the orchard, but he should pay wages at the usual rate to the person who has reared the trees by watering them and doing other work on them.
Issue No.1907- If a person hands over a piece of land to another person to plant trees in it, and it is agreed that whatever is grown, will be the property of both of them, in case all aspects of the contract are made clear, the transaction will be in order, though it cannot be called musāqāt.
Issue No.1908- It is permissible that the other party in musāqāt consists of multiple individuals; that is, the owner of the orchard may leave his orchard in the hands of several people, and conclude the contract of musāqāt with them.
Issue No.1909- A child who is not mature has no right of discretion over his/her own property. The signs of maturity [1] are one of these three signs:1) Completion of fifteen lunar years for boys, and Completion of nine lunar years for girls [2].2) Discharge of semen.3) When coarse hair grows below the navel and above the private part.
Issue No.1911- An insane person and a mentally incompetent person, i.e., one who squanders his property for useless purposes, have no right of making use of their properties, rather, it should be under the supervision of their legal guardians.
Issue No.1912- A bankrupt person, i.e., a person whose debts are more than his available capital and his creditors have asked the Islamic judge to prohibit him from having discretion over his property, has no right over his property after the Mujtahid’s order.
Issue No.1913- If a person suffers from periodical insanity, i.e., he is sane sometimes and insane at other times, the discretion exercised by him during his lunacy will not be considered valid.
Issue No.1914- Before his death, a person can give away as much of his own wealth as he likes, whether he is well or sick; and he is allowed also to sell a commodity cheaper than its value or spend it on himself or on the members of his family or his guests. However, the recommended precaution is that a dying person in his terminal illness should not exercise such discretion in more than one third of his own estate, except with the permission of his heirs.
Issue No.1914- Before his death, a person can give away as much of his own wealth as he likes, whether he is well or sick; and he is allowed also to sell a commodity cheaper than its value or spend it on himself or on the members of his family or his guests. However, the recommended precaution is that a dying person in his terminal illness should not exercise such discretion in more than one third of his own estate, except with the permission of his heirs.
Issue No.1915- Agency means that a person who is religiously allowed to get involved in a certain act, delegates it to someone else to do on his behalf. For example, one may appoint someone as his agent to sell his house, or for contracting one's marriage with a woman. If he has the necessary conditions, it will be in order.
