What is the validity of *Musāqāh* when the tree is expected to bear fruit, but it is not certain?
General Chapter
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
There are two opinions on the validity of *Musāqāh* when the tree might bear fruit or might not. One view holds that it is valid because the tree has the potential to bear fruit, and since *Musāqāh* is revocable, it can be permissible in such a scenario.
Supporting text
The second view holds that it is invalid because it constitutes a contract based on a non-existent item whose existence is not the dominant probability, resembling a prohibited forward sale (*Salama*) in such uncertain circumstances, as it involves an avoidable element of risk. If the contract is deemed valid, the worker receives his share if fruit appears, or nothing if it does not. If it is deemed void (*fāsid*), he receives the fair wage whether fruit appears or not, as he did not agree to work without compensation.