The Book of Musāqāh
Chapter: Cases in Which Musāqāh Is Permissible

In the name of Allah, the All-Merciful, the Ever-Merciful. May Allah bless our master Muhammad, his family, and his Companions, and grant them peace.

Chapter: Cases in Which Musāqāh Is Permissible

Musāqāh means that a man entrusts his vineyard, his date-palm enclosure, his fig, olive, or any other fruit-bearing trees to someone who will take full charge of the irrigation and all required labor, on the understanding that whatever fruit Allah produces will be shared between them—either half and half or according to some other fixed portion of the yield.

Musāqāh is permissible only with perennial fruit trees whose produce recurs year after year, such as palms, grapevines, olives, pomegranates, peaches, apples, and similar trees. It is not valid for vegetable beds, seasonal crops, or legumes.

Mālik said: A musāqāh agreement is not allowed for cereal crops while they are still small and before they have fully established themselves; but once they have reached that stage and their owners are unable to irrigate them, musāqāh becomes permissible for them—and the same applies to vegetable beds.