What is the ruling regarding the duration required for a binding *Musāqāh* contract?
General Chapter
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
If *Musāqāh* is deemed a binding contract, it necessitates specifying a fixed duration, akin to leasing (*Ijārah*). The duration must be long enough for the fruit to ripen, as the purpose is sharing the fruit. A term shorter than the ripening period renders the contract invalid (*fāsid*). While there is no maximum duration dictated by divine text or consensus, some opinions suggest a limit of thirty years, but this is considered arbitrary judgment not supported by religious authority.
Supporting text
The position maintaining that *Musāqāh* is revocable holds that it does not require a specified duration, as evidenced by the Prophet (peace be upon him) and the Rightly Guided Caliphs not specifying a term for the people of Khaybar. The contract's revocability is sufficient reason for dispensing with the duration requirement, similar to *Muḍārabah*.