It is permissible provided that the seed and the entire labour cost are borne by the worker and that the share allotted for the bare land equals the share on which the musāqāh itself is based. If the worker stipulates that the bare land be reserved for him, the stipulation is valid so long as the bare land is only incidental—that is, when the rent of the bare land would amount to one-third and the value of the fruit to two-thirds. In that case the bare land is deemed ancillary to the palms and other trees, and the worker may lawfully insist on it. If the rental value of the bare land exceeds that ratio, the condition is invalid because the land has then become the principal object of the contract. God knows best.

There is no objection to entering into a musāqāh that covers several orchards—whether they bear different kinds of fruit or the same kind—on the basis of a known share and within a single contract. What is impermissible is to gather them into one contract while assigning different shares; if different shares are desired, separate contracts must be concluded.

A musāqāh may not be contracted over fruit whose ripeness has already become evident, for at that point the fruit may lawfully be sold. It is, however, permissible to do so for fruit that has merely appeared and has not yet begun to ripen, on whatever share of the eventual crop the two parties agree.