Is it permissible in a sharecropping contract (Musāqāh) to stipulate that the worker receives a fixed amount of silver coins or an unspecified portion of the yield?

General Chapter

Al-Mughni

Book of Sharecropping (Musāqāh)

Book 24 · Issue 2 · Bab 1

Open in Qurani

Primary text

Stipulating a fixed amount of silver coins, such as ten dirhams, or a fixed measure of fruit as payment in a Musāqāh contract is impermissible without dispute. This prohibition exists because the resulting yield might not equal the stipulated fixed amount, which would cause harm to the owner of the capital. Similarly, stipulating a fixed number of specific measures of grain is also prohibited for the same reason. Stipulating a fixed sum of money separate from a share of the produce is also invalid.