Is a contract valid if the share of irrigation work is conditioned on the method of irrigation?

General Chapter

Al-Mughni

Book of Sharecropping (Musāqāh)

Book 24 · Issue 1 · Bab 1

Open in Qurani

Primary text

A contract stipulating a share of one-third if irrigation is done by free flow (sayh) and a share of one-half if irrigation requires effort (kulfa) is invalid. This invalidity stems from the ambiguity of the work involved and the ambiguity of the share stipulated, resembling two sales in one transaction.

Supporting text

It can potentially be validated by analogy (qiyas) to issues concerning rent/lease agreements (ijara).