What is the ruling if the laborer provides the seeds in a sharecropping contract?

Chapter on Sharecropping (Muzara'ah)

Al-Mughni

Book of Sharecropping (Musāqāh)

Book 24 · Issue 3 · Bab 2

Open in Qurani

Primary text

The established position from Ahmad is that the contract is invalid if the laborer provides the seed. This is because if the condition is invalid, the crop must belong entirely to the owner of the seed, as it is considered an increase of their wealth. Consequently, the landowner receives nothing from the crop, and the laborer is only entitled to wages. This outcome constitutes the invalidity of the contract.

Supporting text

If the condition stipulates an action by the landowner (e.g., working alongside) or the laborer performing a separate task, there are two narrations concerning whether this invalidates the musāqāh or muzāra'ah contract, based on the legal opinions regarding invalid conditions in sales and partnerships.