As for work connected with tending the produce, it falls into two categories: work that ends with the crop, leaving only minor effects afterward; and work of a permanent nature whose effects endure.
The first category comprises the work incumbent upon the sharecropping worker, for which he is entitled to compensation. This includes digging, watering, pruning vines, trimming trees, channeling water, repairing irrigation areas, pollinating date palms, harvesting, and similar tasks.
Work of a permanent nature that remains after the crop—such as digging a new well, constructing a water-retaining structure, establishing new plantings, or building a place where the produce is gathered, such as a drying floor—is not incumbent upon the worker, nor may it be stipulated as his responsibility in a sharecropping contract. If such work is stipulated, a portion of the consideration is thereby allocated to it. Yet hiring him separately to perform that work in return for a share of the produce would be impermissible, because this would constitute selling fruit before it begins to ripen. The same therefore applies when it is stipulated in a sharecropping contract, since the work receives compensation in both cases.
Section
If a sharecropping contract is concluded on terms other than those permitted by the Sharia, it must be annulled and the orchard returned to its owner, unless work has already been performed under it. Where work has already been performed, there are four opinions concerning what the worker is entitled to receive for his labour:
The first is that he receives the customary wage for comparable work in all cases, without distinction. This accords with the position of ʿAbd al-ʿAzīz ibn Abī Salama concerning an invalid profit-sharing investment contract.
The second is that he receives the customary share under a comparable sharecropping contract, likewise in all cases, without distinction. This accords with Asbagh’s statement in al-ʿUtbiyya concerning someone who enters into a sharecropping contract with another man for an orchard, on condition that one of them transport