Is it permissible to rent agricultural land for a specified foodstuff not originating from that land?

Chapter on Sharecropping (Muzara'ah)

Al-Mughni

Book of Sharecropping (Musāqāh)

Book 24 · Issue 2 · Bab 2

Open in Qurani

Primary text

Renting agricultural land for a specified foodstuff, provided it is not the product of that land and is known in measure, is permissible. This position is affirmed by Ahmad in one narration, and it is the opinion of the majority of scholars, including Sa'id ibn Jubayr, 'Ikrimah, al-Nakha'i, al-Shafi'i, Abu Thawr, and the companions of Ray'. The rationale is that the payment is a known, guaranteed consideration that does not constitute a means to usury, thus it is permissible, similar to currency.

Supporting text

Malik prohibited this, even forbidding renting the land for milk or honey. Some narrations from Rafi' ibn Khadij and Dhuhayr ibn Rafi' indicate prohibition against renting land for a specified foodstuff or for a share of the yield (like a quarter or a known measure of dates or barley).