As for those who hold that sharecropping is invalid, in their view the grant holder is entitled only to the fair rental value, while the entire crop belongs to the cultivator who supplied the seed. In that case, the cultivator must pay the entire tithe. If, however, the grant holder wishes to take half the yield as his share while making the person entitled to the other half pay the entire tithe, he may not do so, by scholarly consensus. And Allah knows best.
He was asked:
“A person holds a land grant from the ruler. Is the produce he receives from that grant subject to zakat or not?”
He answered:
Praise be to Allah. Yes, he must pay the tithe on whatever produce he owns, whether he holds the land by grant, lease, ownership, or loan. And Allah knows best.
He was asked:
“Is the cultivator’s share of the farm’s produce subject to zakat?”
He answered:
As for zakat in orchard and crop sharecropping, this rests on a fundamental issue