What is the legal ruling if the seeds are provided equally by both parties in a sharecropping contract stipulating equal shares of the resulting crop?
Chapter on Sharecropping (Muzara'ah)
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
If the seeds are provided equally by both parties and they stipulate equal division of the crop, the crop is divided equally between them, regardless of whether the specific Muzara'ah contract is deemed valid or void. If the contract is valid, the division occurs as stipulated. If the contract is void, each party is entitled to a share proportionate to their seed contribution. However, if the contract is deemed valid, neither party has a right to claim reimbursement from the other.
Supporting text
If the contract is deemed void, each party is entitled to a share based on their seed contribution, and they must reconcile their shares. If the contract is deemed void because a condition for validity (landowner providing seeds) was unmet, then the laborer owes the landowner half the land rent, and the landowner owes the laborer half the value of their labor. They should then offset these amounts, and the one with the remaining balance must pay the other.