this arrangement has a stronger claim to permissibility than leasing out the land. Both are disputed, but leasing involves greater uncertainty: the lessor receives his rent, while the lessee does not know whether he will obtain what he seeks. By contrast, under a half-share arrangement, both parties share in the gains and losses. If Allah causes a crop to grow, both benefit; if no crop grows, both bear the loss. The benefit contributed by one party’s land corresponds to that contributed by the other’s seed, as in a profit-sharing partnership.

In a half-share arrangement, it is not permissible to stipulate that the cultivator provide any specified item, whether chickens or anything else. Witnessing such an arrangement, however, is permissible even if the witness considers it impermissible, since he recognizes it as a disputed matter, and the witness merely testifies to what occurred. This is especially so since the discerning scholars among the followers of Abū Hanīfah and al-Shāfi‘ī hold it permissible, as do the jurists of the scholars of hadith.

He was asked:

A holder of a land grant collects his grain from the farmers when the crop is divided. Some of the grain is clean, while some is mixed with impurities. He mixes it together until sowing time, then distributes it among them during that period. What is the ruling on this?

He answered:

If some farmers’ wheat is better than that of others, he may not mix it together. If the wheat is of equal quality and he needs to mix it, there is no harm in doing so.