What is the ruling on a partnership involving land from one party, seeds from another, and oxen/labor from a third, for shared yield?
Chapter on Sharecropping (Muzara'ah)
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
The contract is invalid (fasid) when three parties contribute land, seeds, and oxen/labor respectively, agreeing to divide the resulting yield. This arrangement is explicitly ruled invalid by Imam Ahmad, Abu Dawud, Mahana, and Ahmad ibn al-Qasim. The supporting evidence is the narration concerning four men who partnered in cultivation during the Prophet's time: one offered the land, another the seeds, a third the labor, and the fourth offered the oxen (or perhaps was simply the fourth partner). The Prophet, peace be upon him, awarded the crop solely to the provider of the seeds, negated the share of the landowner, awarded the laborer a fixed daily dirham, and gave the fourth partner a specified known amount. Imam Ahmad states this contract is invalid because the labor is contingent upon another party, and the structure violates the established conditions of Mudarabah/Muzara'ah, as the seeds are not solely from the landowner or the cultivator. Furthermore, it is not a valid partnership (shirkah) because partnerships require known capital (whether specie or specified goods), nor is it a lease (ijarah) because a lease requires a specified term and a specified compensation.
Supporting text
Some opinions state that the yield belongs to the provider of the seeds because it is the natural growth of his property, and the other two parties are owed the customary wage (ujr mithl) for their contributions, as they entered the agreement expecting the stipulated division. Furthermore, the People of Opinion suggest that any excess yield beyond the customary wage should be given away as charity (sadaqah). However, the soundest view is that the growth belongs entirely to the provider of the seeds, and no charity is obligatory upon him regarding that growth, treating it like the rest of his property.