Chapter on Sharecropping of Trees

His statement, “Chapter on sharecropping of trees”: the original form of musāqāh is musāqayah, but the yā’ became vowelled while the preceding letter carried a fatḥah, so it was changed into an alif. It is therefore a reciprocal-form verb, and this form generally occurs only between two parties. Our saying “generally” excludes exceptional cases, such as: sāfara yusāfiru musāfaratan (“to travel”); for one may travel without anyone else accompanying him in travel. Yet the usual rule is that the reciprocal form occurs only between two people.

Thus, musāqāh is a contract between two parties: one entrusts trees to another who will tend them in return for a share of their fruit.

It is permissible on the basis of general evidence, the sunnah, and sound reasoning.

As for the general evidence, the basic principle in transactions is permissibility, unless evidence establishes their prohibition.

As for the sunnah, when the Prophet ﷺ conquered Khaybar, its inhabitants asked him to enter into such an arrangement with them, saying, “We will spare you the labor, and we shall have half the fruit.” The people of Khaybar were knowledgeable in agriculture, whereas the Companions, may Allah be pleased with them, were occupied with jihad and thus unable to work on these farms. So the Prophet ﷺ contracted with them for half of whatever fruit or crops were produced (1). A half means one-half.

As for sound reasoning, it is in the public interest. A person may own many orchards and be unable to undertake what these require.