that the ftiare
o f the other
party be ex-
prelfed.
that the land
be delivered
up to the cultivator,
that both
parties participate
in the
produce,
and that the
particular
feeds be mentioned.
O f compass
o f cultivation
four defcrip-
tions are valid,
that the grounds of the compact may be known;— in other words* in
order that it may be known whether' it is founded on the ufe of the
labour, or on the ufe of the land, and that no fource of difpute may
remain. V . That the particular fhare which is to fall to him who
does not fupply the feeds be expreffed; for in confequence of the
agreement he is entitled to a fhare; and it is requifite that the proportion
be determined, becaufe a thing which is unknown cannot be
eftablifhed by the compact, notwithflanding a fhare be in general
terms flipulated. VI. That the proprietor of the land deliver up the
land to the cultivator, in order to the cultivation of i t ; and that he
himfelf abftain from any management or enjoyment of i t ; infomuch,
that if it be flipulated in the compact of cultivation that he alfo fhall
manage, the compact is null, becaufe o f the invalidity of fuch flipu-
lation. VII. That both parties participate in the produce of the
ground after it is reaped ; for a compad of cultivation is ultimately a
compact of partnerfhip; wherefore every flipulation repugnant to
partnerfhip invalidates the compad. (For example, i f a precife
quantity of the produce be flipulated for one of the parties, it is invalid;
fince, as it is uncertain whether fo much will be produced,
the partnerfhip is therefore defeated.) VIII. That the particular fpe-
cies of feed, fuch as wheat, barley, &c. be expreffed, in order that
fh'e fpecies in which the hire of the labourer is to be paid may be
known.
C o m p a c t s of cultivation, (according to the two difciples,) are
of four different kinds :— I. Where the ground and the feed are fupplied
by the one,„• and the cattle, and the labour by the other:— and this is
lawful,, for the cattle are confidered > as implements of labour, and the
cafe is therefore fimilar to that of a man hiring a taylór to few his
robe with his (the taylot’ s) own needle. II. Where thé ground
alone is fupplied by one of the parties, and the labour, feed, and
cattle by the o t h e r—and this alfo is lawfu l; for in this cafe the labourer
has hired the ground for a known proportion of its produce;
6 and
and it is therefore lawful, in the fame manner as if he had hired or
rented it for a certain number of dirms. III. Where the ground, the
feed, and the cattle, are fupplied by the one, and the labour alone by
the other :— and this likewife is lawful; • for in this cafe the proprietor
of the ground hires a labourer to work with implements belonging
to him (the hirer) ; and it is confequently analogous to the cafe
of a man hiring a taylor to few his robe with his (the hirer’s) needle,—
or, to that of a man hiring a labourer to dig with his (the hirer’s)
hoe. IV. Where the ground and cattle are fupplied by one of the
parties, and the feed and labour by the other.— This is not valid, according
to the Zdhir R o w d y e tbut it is reported from Aboo Toofaf
that this alfo is valid; for as, i f it were agreed that both the cattle
and the feeds fhould be fupplied by the proprietor of the land, it
would be valid, it is in the fame manner valid where he fupplies the
cattle only; being, in fad, the fame as where the cattle are furnilhed .
by the cultivator. T h e reafons on which the opinion in the Zdhir
Rawdyet is grounded are, that the ufe o f cattle is different in its
nature from the ufe of ground; for the ufe of ground arifes from a
flrength in the foil which occafions vegetation, whereas the ufe of
cattle confifls in their fitnefs for labour; thefe two things, therefore,
not being of the fame fpecies, the ufe of the cattle cannot be a
dependant on the ufe of the ground. It is otherwife where the cattle
are fupplied by the cultivator; for the ufe of cattle and the ufe o f a
cultivator or labourer are of the fame fpecies, the produd being
equally derived from the work of both.
I t is here proper to remark, that befides the four fpecies of com- and two are
pads of cultivation above enumerated, there are two more, which ;“valld'
are, however, invalid. I. Where it is flipulated that the feed fhall
be fupplied by one of the parties ; and the ground, the labour, and
the cattle, by the other ; which is invalid, becaufe theJixth condition
before-mentioned is not found in it. II, Where it is' flipulated that
the feed and cattle fhall be furnilhed by one of the parties, and the
G 2 ground