Is it permissible to rent agricultural land for a known quantity of the same foodstuff that will be grown on it?

Chapter on Sharecropping (Muzara'ah)

Al-Mughni

Book of Sharecropping (Musāqāh)

Book 24 · Issue 3 · Bab 2

Open in Qurani

Primary text

There are two differing views regarding renting land for a known measure of the crop to be grown on it (e.g., renting for 'X' sa' of wheat when planting wheat). One view prohibits it, held by Malik. The prohibition stems from the previous hadiths and because this constitutes a means (dhari'ah) to sharecropping based on a known yield, merely substituting the wording of 'I have leased to you' for 'I have contracted with you for sharecropping' (muzara'ah). The second view permits this, chosen by Abu al-Khattab, and is the position of Abu Hanifah and al-Shafi'i. The justification for permissibility is that what is permissible to rent for non-food items is also permissible for it, similar to houses.