29 – The Book of Muzaraʿa (Share-cropping)

Abu Ḥanīfah—may Allah have mercy on him—said: A muzaraʿa contract that awards one-third or one-quarter of the harvest to the worker is invalid. Abu Yūsuf and Muḥammad, however, deem it permissible.

According to the latter two, the agreement may be concluded in four ways:

1. The land and the seed belong to one party, while the labour and the draught-animals belong to the other—this is valid.
2. The land belongs to one party, while the labour, the draught-animals, and the seed belong to the other—this is valid.
3. The land, the draught-animals, and the seed belong to one party, and only the labour comes from the other—this is valid.
4. If the land and the draught-animals belong to one party, and the seed and the labour to the other, the contract is void.

A muzaraʿa is not valid unless its term is explicitly fixed.

Another condition is that the produce be shared proportionally. If they stipulate that one of them receive a specified number of sheaves, the contract is void; likewise if they assign to either party anything taken from the water-wheels or irrigation channels.

Once a muzaraʿa is valid, the yield is divided between them as agreed; if the land produces nothing, the worker receives nothing.

If the contract proves invalid, the entire crop goes to whoever supplied the seed. If the seed came from the landowner, the worker is entitled to the customary wage, not exceeding the portion of produce originally allotted to him. If the seed came from the worker, the landowner is entitled to the land’s rental value.

After the contract is concluded, should the seed-owner refuse to work, he cannot be compelled; but if the refusal comes from the party who did not provide the seed, the judge will compel him to work.

If either of the two contracting parties dies, the muzaraʿa is annulled, and if