Is an agreement valid where the share depends on the type of crop planted in a given field?
General Chapter
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
An agreement to manage a field where the laborer receives one-fourth of the wheat produced, one-third of the barley, and one-half of the broad beans produced is invalid. This invalidity stems from the fact that the quantity to be planted of each crop type is unknown, rendering the division uncertain. This is analogous to stipulating one-third of one crop type and one-half of another while being ignorant of the quantities involved for both.
Supporting text
There is an alternative view that such an agreement might be valid, based on the permissibility of an analogous contract in lease agreements (Ijarah), where if the worker sews in the Roman style, they receive one dirham, and if in the Persian style, they receive half a dirham, which is considered valid according to established opinion.