Is it permissible to rent the use of crops or dates based on a share of the yield, such as one-sixth?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 1 · Bab 1

Open in Qurani

Primary text

It is permissible for Ahmad, according to a narration by Mahna, to receive one-sixth of the yield from harvesting crops or picking dates as payment. This method is preferred over a fixed contractual partition (muqata'ah). This permissibility stems from the certainty established through direct observation (ru'yah), which is the highest form of knowledge, thereby establishing a known portion as the wage. This preference over fixed partition exists because a fixed partition risks the actual yield being less than the agreed-upon fixed amount, whereas the measured share ensures the payment corresponds exactly to what is produced.