The period
o f their duration
muft be
known, and
the produce
muft be participated
between
the
parties, in indefinite
proportions.
ground and labour by the other; which is likewife invalid, for the
lame realbn. In both thefe cafes the produce of the land (according
to the one opinion*), belongs to him who fupplied the feed, upon
the fame principle that it belongs to him in any other cafes of compacts
of cultivation which are invalid. But according to the other
opinion y , the produce belongs to the proprietor of the land ; and he
therefore Hands (as it were) as merely a borrower of the feed o f which
he has obtained pofleffion by its being lown in his ground.
C o m p a c t s of cultivation are not valid unlefs the period of their
duration be known;— nor unlefs the produce of the land be indefinitely
participated between the parties, (fuch as in a third,, a fourth,
&c.) in order that partnerlhip may be eftablifhed betwixt them. If,
therefore, it be ftipulated that either of them in particular lhall receive
a certain number of meafures of grain from the produce of the
ground, the compact is null, as in this cafe partnerlhip is defeated,
(in other words, is not eftablifhed,) fince it is poffible that no more
may be produced from the ground than what is thus ftipulated to one
of the parties;— and the cafe is therefore fimilar to that of two men
concluding a contract of Mozaribat, in which it is ftipulated that one
of them lhall receive a certain number of dirms.
In the fame manner alfo, compacts of cultivation are invalid where
it is ftipulated that he who fupplies the feed lhall receive an equal
quantity of grain from the produce o f the ground, and that the reft
lhall be divided betwixt the parties;— for, in cafe the produce exceed
the quantity of feed, a ftipulation of this nature defeats the partnerlhip
with relpedt to that particular quantity; or, with refpedt to the
whole, in cafe the produce Ihould not exceed the quantity o f the feed.
A ftipulation of this nature, moreover, is fimilar to where the parties
* The opinion of Haneefa, as before listed. f The opinion of the two difciples.
agree,
agree, regarding tribute-land, that the reft of the produce lhall be
divided after deducting the tribute. It is otherwife where two men
agree that one tenth of the produce lhall go to'one o f the parties, and
that the remainder lhall be divided betwixt both ; for a ftipulation of
this nature does not defeat partnerlhip, becaufe the remaining nine-
tenths Hill continue participated between the parties ; whence this is
fimilar to a ftipulation, regarding tithe-lands, that “ after dedudting the
“ tithe, the remainder lhall be divided betwixt the parties.”
In the fame manner alio, a compact o f cultivation is invalid i f it
ftipulate that whatever is produced on a particular fpot, (fuch as on
the banks of a rivulet,) lhall belong to one-'of the parties;, and that the
remainder of the produce of the whole ground lhall be divided betwixt
both; for fuch a ftipulation defeats partnerlhip, fince it is
poffible that nothing may be produced except upon that particular
fpot:— and it is in like manner invalid where it is ftipulated that the
produce of one fpot of ground lhall go to one of the parties, and the
produce of another fpot to the other.
In the fame manner alfo, a compact of cultivation is invalid
where it is ftipulated that the one lhall get the ftraw, and the other
the grain; for it is poffible that nothing may be produced but ftraw :
and it is equally invalid i f it be ftipulated that the ftraw lhall become
their joint property, and that the grain lhall belong to one of them
on ly; for here a partnerlhip is not eftablilhed with refpedt to the grain,
which is the particular objedt of cultivation.
If it be ftipulated, in the compadt of cultivation, that the grain
lhall be divided equally betwixt the parties, and no mention be made
of the ftraw, ftill the compadt is valid, becaufe a partnerlhip is ftipulated
in that thing which is the chief objedt of cultivation; and in
this cafe the ftraw will belong to him who fupplied the feeds, as of
that
I f the grain
alone be mentioned,
the
ftraw goes to
him who Supplies
the feed 5