he may earn only ten thousand, leaving the other with no profit at all. A partnership is founded upon the principle that the two partners share alike in gain and loss.
His statement, “or the profit of one of the two garments,” means that they enter into partnership and one says to the other: “You shall have the profit from the cars, and I shall have the profit from the foodstuffs.” This is invalid, for perhaps there will be profit in cars but none in foodstuffs, or vice versa. The basic principle is that a partnership is founded on equality.
Or he says: “You shall have the profit from the first half of the year, and I shall have the profit from the second half.” This is invalid, because perhaps he will make considerable profit at the beginning of the year, while at its end he makes only a little profit—or none at all.
Or he says: “You shall have the profit from the journey to Mecca, and I shall have the profit from the journey to Medina.” This is invalid, because he may profit from one but not from the other. The principle governing a partnership is that both parties share alike in gain and loss.
His statement, “The same applies to musāqāh (orchard sharecropping), muzāraʿah (crop sharecropping), and muḍārabah (profit-sharing investment partnership),” means that these are likewise subject to the same ruling as an ʿinān partnership. They have not yet been discussed, but the author mentioned them here in passing.
Musāqāh is when a person entrusts his land and date palms to someone who tends them in return for a share of the fruit.
For example, a person owns land upon which there are date palms, grapevines, pomegranate trees, and other trees. He gives it to someone to cultivate and develop in return for a share of the fruit. This is permissible. The evidence is that the Prophet ﷺ dealt with the people of Khaybar on the basis that they would receive half of whatever it produced of fruit or crops (1).
Muzāraʿah is when a person gives land to someone to cultivate in return for a known, undivided share of the crop. For example, a person owns bare land with no crops on it,