The ruling on leasing land for a fixed share of the yield (e.g., one-third or one-quarter) or a fixed quantity of produce.
Chapter on Sharecropping (Muzara'ah)
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
The ruling on leasing land for a fixed share of the yield, such as a third or a quarter, or for a specifically named amount of produce, is prohibited based on the narration of Rafi' ibn Khadij. The Prophet, peace be upon him, forbade leasing land for a third, a quarter, or a specified amount of grain, commanding that the owner should either cultivate it himself or grant it to his brother, otherwise, he should keep his land. This prohibition is interpreted by some as applying to what is known as Mukhabarah (sharecropping or leasing based on a division of the unknown yield), while others argue the prohibition specifically targets fixed rental amounts (Kira' in the context of the narration) where part of the land might yield nothing.
Supporting text
Some scholars interpret the prohibition mentioned by Rafi' ibn Khadij specifically as concerning the leasing of land where one party agrees to take a specific portion of the land parcel (e.g., 'we rent this part to you and that part to us'), which might fail to produce anything, as opposed to Muzara'ah where the division is applied to the actual yield. Furthermore, some narrations from Rafi' himself or Zayd ibn Thabit suggest the prohibition was lifted or specified when the exchange involved a known guaranteed payment (gold or silver), or that the prohibition itself was contingent or subject to abrogation.