What conditions render a sharecropping contract (Musāqāh) void?

General Chapter

Al-Mughni

Book of Sharecropping (Musāqāh)

Book 24 · Issue 3 · Bab 1

Open in Qurani

Primary text

The contract becomes void if the conditions violate the fundamental nature of Musāqāh. This occurs if the agreement stipulates that the worker receives the fruit from a year other than the year in which the work was performed, or if the agreement specifies fruit from trees other than those under the contract, or if the worker is required to perform labor related to other trees or in a different year. This invalidity applies whether the condition pertains to the entirety of the worker's due share or only a portion of it, or if it relates to all the labor or only part of it. The essence of Musāqāh requires that the work be performed on specific trees in exchange for a specified, shared portion of that year's yield.