Is a partnership agreement (Musaqah) valid if the work is performed on young date palms or small trees for a period during which they usually bear fruit, and a specified share of the fruit is allocated?
General Chapter
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
The Musaqah (sharecropping for fruit trees) contract is valid under these conditions because the effort of the worker increases while his share decreases, which does not invalidate the contract, similar to allocating a share out of a thousand shares. If Musaqah is considered a revocable contract, specifying a duration is unnecessary. If it is considered binding, there are three divisions concerning the duration: First, if the duration is set to a time during which bearing fruit is likely, the contract is valid. If fruit appears, the worker receives the agreed share; if not, he receives nothing. Second, if the duration is set to a time when bearing fruit is not likely, the contract is invalid. There are two opinions regarding whether the worker deserves wages if he performs work during this invalid period. If fruit appears within this period, he does not receive the stipulated share because the contract was invalid from the start. Third, if the duration is set to a time where bearing fruit is possible but not guaranteed, there are two opinions regarding validity. If deemed invalid, the worker deserves wages. If deemed valid, he receives the stipulated share if fruit appears, and nothing if it does not.