Is the *Musāqāh* (sharecropping contract) valid when performed upon existing fruit/produce?
General Chapter
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
The contract is valid when established upon existing fruit. This is the chosen position of Abu Bakr, and the view of Malik, Abu Yusuf, Muhammad, Abu Thawr, and one position of Al-Shafi'i. The reasoning is that if the contract is permissible for non-existent items despite significant uncertainty (*ghirar*), it is more appropriate when the item exists and the uncertainty is minimal. However, the contract is only valid if the remaining work is sufficient to increase the fruit, such as pollination (*ta'bīr*), watering, or tending the fruit. If the remaining work does not increase the fruit, such as harvesting (*jidhādh*) or similar actions, it is invalid without dispute.
Supporting text
The contract is invalid. This is the second position attributed to Al-Shafi'i. The justification is that this scenario is neither explicitly mentioned in the texts nor is it analogous to explicitly mentioned rulings. The Prophet (peace be upon him) contracted with the people of Khaybar for a share of the produce or crop, but this case involves the contractor acquiring an existing asset whose ownership transfers from the owner to the contractor. Furthermore, this contract resembles a lease for known and unknown efforts, which invalidates it. They argue that minimal uncertainty does not necessitate validity, nor does significant uncertainty prevent it where the text is silent; the Shari'ah established this contract such that the worker is not entitled to an existing asset, nor does ownership transfer from the owner; rather, the existing increase occurs under their joint ownership according to the condition, and deviating from this established framework is not permissible, similar to the situation after the fruit shows signs of ripening, analogous to *Muḍārabah* after profit appears.