sales, whereas that prohibits uncertainty in the broader category of leasing, which includes orchard and crop sharecropping. In both cases, it has been explained that these forms of sale and leasing led to disputes and animosity.
This is what Allah mentions when explaining the wisdom behind prohibiting gambling. He, Most High, says:
“Satan only seeks to stir up enmity and hatred among you through wine and gambling.”
Section
Among the matters that some scholars have included under prohibited uncertainty are various forms of leasing and partnership, such as orchard and crop sharecropping and similar arrangements. Some jurists have held that orchard and crop sharecropping are unlawful and invalid, on the grounds that they are forms of hiring, since they involve work in return for compensation. In a hiring contract, the remuneration must be known, just as the price must be known in a sale. They also rely on Ahmad’s report from Abū Sa‘īd that the Prophet, may Allah bless him and grant him peace, “prohibited hiring a worker before specifying his remuneration to him, artificial bidding, sales concluded by touch, and sales concluded by casting a stone.”
The compensation in orchard and crop sharecropping is unknown: the crop or fruit may be little or abundant, it may be of inferior quality, or it may not grow at all. If Allah withholds the yield, the worker’s labour will have been taken without compensation. This is the view of Abū