Is the contract of *Musāqāh* (sharecropping/fruit sharing) legally binding or revocable (*Jā'iz*)?
General Chapter
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
The apparent view of Ahmad, supported by some Hadith scholars, is that *Musāqāh* is a revocable contract (*Jā'iz*). This position is supported by the historical precedent of the Prophet Muhammad (peace be upon him) agreeing with the Jews of Khaybar to work the land, stating they would remain on that arrangement as long as God willed ("naqurrukkum 'alā dhālika mā shi'nā"), as narrated by Muslim through Ibn Umar. If the contract were binding, it could not be established without a fixed term, nor could the choice of duration be left to the Prophet's discretion. Furthermore, the contract is analogous to *Muḍārabah* (profit-sharing partnership) as it involves a share of the profit/yield of capital, thus suggesting revocability, and it is dissimilar to leasing (*Ijārah*) because leasing is equivalent to a sale, which is binding.
Supporting text
The majority of jurists and some of the companions of Ahmad hold that *Musāqāh* is a binding contract, as it is a contract of exchange (*Mu'āwaḍah*), similar to leasing (*Ijārah*). They argue that if it were revocable, the owner could terminate it after the fruit ripened, nullifying the worker's right and causing him harm. Al-Shafi'i also posits that if the contract is binding, it requires a specified duration.