Whose responsibility is it to provide the seeds (Al-Bathr) in a sharecropping (Muzara'ah) contract for tenancy?
Chapter on Sharecropping (Muzara'ah)
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
The seeds must originate from the landowner, and the labor must come from the laborer. This position is held by Ahmad, narrated by a group, and favored by the majority of scholars (Ashab), Ibn Sirin, Al-Shafi'i, and Ishaq. The justification is that since the growth profit is shared between the laborer and the capital provider, the initial capital (seeds/cost) must belong entirely to one party, similar to Musaqah or Mudarabah contracts.
Supporting text
There is a narrations from Ahmad indicating that the seeds may originate from the laborer, citing the Prophet's practice concerning Khaybar, where land was given for cultivation and tree care with profit sharing without specifying the origin of the seeds. This suggests that whoever provides the seeds is acceptable. This view is supported by Umar ibn al-Khattab, Abu Yusuf, and a group of Hadith scholars, and it is deemed the soundest position. Evidence supporting this includes the Prophet's contract with the Jews of Khaybar, where their labor and resources were stipulated for cultivation in exchange for half the produce, implying the seeds came from them. Furthermore, Umar ibn al-Khattab reportedly offered two options: one if he provided the seeds, and another if they provided them, indicating acceptance of either party providing the seeds, which suggests consensus on its permissibility.