The majority nonetheless argue that musāqāt and muzāraʿah are permissible only when the term is precisely defined. They understand the Prophet’s words, “for as long as we wish,” to refer to the length of the covenant—that is, “We will allow you to reside in Khaybar for as long as we wish, and we shall expel you whenever we wish.”
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As for musāqāt, its duration is inherently fixed, and there is unanimous agreement that it may be concluded only for a determinate period.
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Ibn al-Qayyim said: “The Khaybar episode proves the legitimacy of muzāraʿah for a share of the crop, for the Prophet ﷺ entered into such an arrangement with the people of Khaybar, maintained it until his death, and it was never abrogated. The Rightly Guided Caliphs upheld the same practice. This is not a lease-for-hire contract at all, but a partnership—exactly like muḍārabah. Whoever permits muḍārabah yet forbids this has drawn a distinction without a difference. The Prophet ﷺ handed them the land on condition that they cultivate it at their own expense; he did not supply the seed. This shows that his practice did not require the seed to come from the landowner and that it may be furnished by the worker. The analogy supports this as well: the land in muzāraʿah is akin to the capital in muḍārabah, while the seed is comparable to irrigation water, for it is absorbed into the soil and does not return to its owner. Were the seed treated like capital in muḍārabah, its return to the owner would have to be guaranteed, which would invalidate muzāraʿah. Thus sound analogy coincides with the practice of the Prophet ﷺ and his Rightly Guided Successors.”
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Abū Ḥanīfah and Zufar held both muzāraʿah and musāqāt to be invalid under all circumstances, whereas most scholars permit them—whether combined or each on its own. Al-Nawawī said: “This is the manifest and preferred view on the strength of the Ḥadith of Khaybar. The claim that the muzāraʿah element at Khaybar occurred only as an adjunct to musāqāt is inadmissible; it was an independent arrangement. The rationale that applies to musāqāt applies equally to muzāraʿah, and by analogy with qarāḍ (muḍārabah)—for qarāḍ is unanimously allowed and is identical to muzāraʿah in every respect—and because