What are the valid conditions for the validity of the *Musāqāh* (sharecropping/fruit agreement)?
General Chapter
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
The *Musāqāh* contract is valid only when the share allocated to the laborer (*al-ʿāmil*) is a specified, undivided portion (*mushāʿ*) of the fruit yield, such as half or one-third. The size of the specified portion, whether large or small, does not invalidate the contract, provided it is not a pretense to circumvent the law. Agreement upon known fractional parts, like fifty parts out of one hundred, three-eighths, or a combination of a sixth and half of a seventh, is permissible. The evidence for this requirement is the Hadith of Ibn ʿUmar stating that the Prophet, peace be upon him, contracted with the people of Khaybar for half of what they produced.
Supporting text
Agreement upon an indeterminate portion, such as 'a share' (*as-saham*), 'a part' (*al-juz’*), 'a lot' (*an-naṣīb*), or 'a portion' (*al-ḥaẓẓ*), renders the *Musāqāh* invalid because the lack of specification prevents equitable division. Furthermore, stipulating a specific measure in volume, such as a fixed number of *aṣaʿ* (a measure of capacity), or combining a specified volume with a known fraction, invalidates the contract. Similarly, stipulating the yield of specific, named trees is invalid because those trees might fail to bear fruit, leading to potential detriment for either party.