Is it permissible for a tenant/sharecropper to stipulate the yield of existing, minimal trees on the leased land?

Chapter on Sharecropping (Muzara'ah)

Al-Mughni

Book of Sharecropping (Musāqāh)

Book 24 · Issue 1 · Bab 2

Open in Qurani

Primary text

It is not permissible for the worker (sharecropper or lessee) to stipulate the fruit yield of existing, minimal trees on the land. This view is held by Al-Shafi'i and Ibn al-Mundhir. The justification is that the worker stipulated the entirety of the fruit yield, which is impermissible, similar to the case where the trees constitute more than one-third of the land.

Supporting text

Imam Malik permits this stipulation if the trees constitute one-third or less of the area, considering the minimal presence of the trees allows the yield to be included as an appendage (taba'an).