Is Musaqah permissible for trees whose leaves or flowers are the intended yield?

General Chapter

Al-Mughni

Book of Sharecropping (Musāqāh)

Book 24 · Issue 2 · Bab 1

Open in Qurani

Primary text

If a tree's intended yield is its leaves or flowers, such as mulberry (Tut) or roses (Ward), Musaqah is permissible upon it by analogy (Qiyas). This is because such yields are analogous to fruit, as they are a growth that recurs annually and can be taken and shared contractually.