Is it permissible for a person who has contracted for cultivation (Musāqāh or Muzāra'ah) to contract a sub-lease or sub-partnership with another party regarding the land and trees?
General Chapter
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
It is not permissible for a person who has contracted for cultivation (Musāqāh or Muzāra'ah) with another party to contract the work out to a third party regarding the land and trees. This position is held by Abu Yusuf and Abu Thawr. The proof relies on the analogy that the initial contractor is working with capital (the land/trees) for a share of its yield; therefore, he cannot contract another person to work in his stead, similar to a Mudarib (profit-sharing investor). Furthermore, permission was granted to him specifically for his labor, so he cannot grant permission to another, similar to a Vakil (agent).
Supporting text
Imam Malik permits this if the third party brought in is trustworthy (Ameen). This ruling is contrasted with the case where a person rents land (Istijar). In that case, the renter is permitted to sub-lease (Muzara'ah) to another because the usufruct (benefit) of the land has become exclusively his right, granting him the ownership of the sub-cultivation, just as the owner possesses it.