What is the ruling when one partner in a sharecropping agreement grants the other partner a share of the fruit exceeding their ownership share?
General Chapter
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
If one partner enters into a Musaqah (sharecropping contract) with his partner and stipulates a share of the fruit greater than the partner's ownership share, such as an original division being halves, but the fruit division is set at two-thirds for the working partner, the contract is valid. The excess portion (the difference between the agreed share and the partner's ownership share) is considered the partner's payment for the labor (Musāqāh share). This is equivalent to stipulating that the partner works for a third share of the fruit in exchange for his half share of the ownership.