Is it permissible to contract for cultivation (Muzara'ah) on the land and water rights (Musāqāh) on the trees simultaneously in one contract?

Chapter on Sharecropping (Muzara'ah)

Al-Mughni

Book of Sharecropping (Musāqāh)

Book 24 · Issue 1 · Bab 2

Open in Qurani

Primary text

The contract combining Musāqāh for the trees and Muzara'ah for the intervening land is valid, regardless of whether the area of the open land between the trees is large or small. This ruling is attributed to Ahmad, who stated that the Prophet (peace be upon him) contracted Khaybar on this basis. This view is held by all who permit Muzara'ah on isolated land. If one states, 'I contract with you for the trees based on Musāqāh, and for the land based on Muzara'ah, both for half,' it is valid. Similarly, contracting for both the land and the trees for half using the term Mu'āmalah (working together) is valid because the term encompasses both. It is also valid to specify different shares, such as half for the land via Muzara'ah and a quarter for the trees via Musāqāh, or to assign different shares for different types of trees. Furthermore, stating, 'I contract with you for the land and trees for half' is valid, because Muzara'ah is analogous to Musāqāh in that irrigation is required for the trees.

Supporting text

The Shafi'i school holds that such a combined contract is invalid because Musāqāh does not include the land, only the date palms, or the validity depends on the principle of splitting the transaction (tafriq al-safqah).