What is the ruling if a contract specifies Musāqāh for the trees without mentioning the land?
Chapter on Sharecropping (Muzara'ah)
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
If one states, 'I contract with you for the trees for half,' and does not mention the land, the land is not included in the contract, and the laborer does not have the right to cultivate the open land. This is the position held by Al-Shafi'i.
Supporting text
Malik and Abu Yusuf hold that the laborer may cultivate the open land. If the contracting parties agree that the produce of the open land is to be shared between them, the contract is valid. However, if the landowner stipulates that the laborer may cultivate the open land, this stipulation is void, because the laborer is already irrigating for the landowner, making this a stipulated addition that increases the laborer's share without a proper basis.