In which types of trees or crops is Musaqah valid?
General Chapter
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
Musaqah is valid in all fruit-bearing trees. This is the opinion held by the Rashidun Caliphs and jurists such as Sa'id ibn al-Musayyib, Salm, Malik, al-Thawri, al-Awza'i, Abu Yusuf, Muhammad, Ishaq, and Abu Thawr. The general report concerning the people of Khaybar specified 'crops and fruit,' indicating generality to all types of fruit. Furthermore, any tree that bears fruit annually should be included, as there is a need for such contracts concerning them, similar to date palms.
Supporting text
Dawood holds that it is only permissible for date palms because the report specifically mentioned them. Al-Shafi'i restricts it to date palms and grapevines because Zakat is due on their fruit. Some Shafi'i scholars suggest that if Zakat is not due on the growth of other trees, it should not be permitted, comparing it to things without produce. Abu Hanifa and Zufar hold that it is never permissible under any circumstances.