Is sharecropping (Musaqah) valid for trees that rely solely on natural rainfall (Ba'l)?
General Chapter
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
The sharecropping contract (Musaqah) is valid for trees watered by natural rainfall (Ba'l), just as it is valid for trees that require artificial irrigation. This ruling is held by Imam Malik. The justification for this validity stems from necessity, as there is a need for such transactions concerning rain-fed orchards, by analogy with other transactions where necessity dictates the ruling. This same ruling applies to sharecropping in agriculture (Muzara'ah).