In the case of a valid sharecropping contract (*muzaara'ah sahihah*), how is the Ushr distributed?
Chapter on Zakat on Crops and Fruits
Al-Mughni
Book of Zakat
Primary text
The Ushr is due from each partner according to their respective share of the produce. The Ushr is not obligatory unless the total produce reaches five *wasqs*, or if the share of one partner, when combined with the other's share, reaches five *wasqs*. If only one partner's share reaches the *nisab* (threshold of five *wasqs*), only that partner owes the Ushr, and the other owes nothing, because in the sound opinion, mixing shares does not affect the requirement for non-livestock produce (*ghayr as-sa'imah*).
Supporting text
A narration from Ahmad suggests that mixing does affect the requirement, obligating both to pay Ushr if the total produce reaches five *wasqs*, with each paying Ushr on their respective portion, unless one partner is exempted, such as a manumitted slave (*mukatab*) or a Dhimmi, in which case the obligation falls only upon the partner whose share reaches the *nisab* by itself. The same ruling applies to share-cropping for fruit trees (*musāqāh*).