What is the ruling on working a mine when the profit is agreed to be split between the owner and the worker (e.g., half and half)?
General Chapter
Al-Mughni
Book of Reviving Dead Land
Primary text
There are two views regarding an agreement where the worker labors and the resulting yield is divided between the parties. The first view holds that this is permissible, and the yield belongs to them according to the stipulated share, akin to agreeing to harvest a crop for half or a third share. This is because the extraction is a growth resulting from labor upon the object, validating the labor agreement similar to a partnership (*Mudarabah*) in currency.
Supporting text
The second view states that this agreement is invalid because the resulting yield (*ma yahsul*) is unknown (*majhul*). Furthermore, it is not valid as a lease (*ijarah*) because both the compensation and the work are unknown, nor as a specified reward (*ja'alah*) because the compensation is unknown. It is also not a partnership (*Mudarabah*) because Mudarabah is valid only with currency, conditional upon returning the capital, and granting a share of the profit, which does not apply here. This situation differs from dividing the crop yield by a share because the crop is known by observation, meaning its portion is also known, unlike the mine yield.