Imam Aḥmad held musāqāt permissible for every tree that yields edible fruit; many of his disciples went further, including any tree whose leaves or blossoms are sought for benefit.
Imam Mālik allowed it for every perennial plant, regarding the concession as general in all such cases.
In my considered view—about which I have no doubt—the ruling embraces every tree from which a purposeful benefit is derived. The ḥadith speaks of “fruit” in unrestricted terms, so whoever wishes to limit it must bring evidence. Moreover, both musāqāt and muzāraʿah are forms of partnership that accord with basic legal analogy, with the work required and the compensation for it clearly defined.
We have already shown that rejecting sound texts on the claim that they conflict with foundational principles is groundless, for the ḥadith itself is a primary source of law. How can anyone who venerates his Prophet ﷺ permit himself to set aside the Prophet’s words in favour of some principle he contrives—especially when this was the Prophet’s own practice and that of his successors after him, a ruling of Allah that has never been abrogated or altered?
The scholars differed over muzāraʿah. The three imams—Abū Ḥanīfah, Mālik, and al-Shāfiʿī—declared it impermissible.
Their evidence consists of several reports from Rāfiʿ ibn Khadīj, among them:
“We used to practise mukhābarah (1) in the time of the Messenger of Allah ﷺ. One of my cousins came to me and said, ‘The Messenger of Allah ﷺ has forbidden a practice that used to benefit us, but obedience to the Messenger of Allah ﷺ is even more beneficial.’ We asked, ‘What is that?’ He replied, ‘The Messenger of Allah ﷺ said: Whoever owns land should cultivate it himself and must not lease it out for one-third, one-quarter, or for a specified amount of food.’”
Ibn ʿUmar reported: “We saw nothing wrong with muzāraʿah until we heard Rāfiʿ ibn Khadīj say that the Messenger of Allah ﷺ had forbidden it.” This report is agreed upon by al-Bukhārī and Muslim.
Muslim also relates, on the authority of Ḥanzalah ibn Qays, that he asked Rāfiʿ ibn Khadīj about renting land for gold or silver coins. Rāfiʿ replied: “There is no harm in that. In the time of the Messenger of Allah ﷺ people used to hire land for what grew on the mādhyānāt (2), the canals, and specific portions of the crop; this part might perish while that part survived, and they had no other form of rental than this, so he forbade it for that reason. But if the payment is fixed and guaranteed, there is no harm.”
An authentic report from Jābir likewise states that the Prophet ﷺ said: “Whoever owns land should cultivate it; if he does not cultivate it himself, he should let his brother cultivate it.”