Is a contract valid if phrased as a lease (Ijarah) for working on a garden until the fruit ripens, in exchange for half the yield?
General Chapter
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
There are two views on the validity of phrasing the arrangement as an Ijarah (lease) in exchange for a share of the output. The preferred and more logical view holds that it is valid because the phrasing conveys the intended meaning of Musaqa'ah, thus validating the contract, similar to other agreed-upon expressions.
Supporting text
One view, mentioned by Abu al-Khattab, holds that it is invalid because the lease contract requires the compensation and the work to be explicitly known amounts, and it must be binding, which contrasts with the nature of Musaqa'ah. Furthermore, the conditions of a typical lease only apply to a genuine lease; if the term 'Ijarah' is used intending 'Muzara'ah' (a specific type of cultivation partnership), only the conditions of Muzara'ah must be met.