بسم الله الرحمن الرحيم

Kitāb Al-Buyoo’ (Fiqh Al-Muyassar) Lesson 12 Notes (2 Sha’bān 1446 H - 1/2/25) Continuation... الباب الثاني عشر: المزارعة والمساقاة The 12th Subchapter: Sharecropping (Muzāra‘ah) and Irrigation Partnership (Musāqāh) المسألة الأولى: معناهما وحكمهما Their Definitions and Rulings DEFINITIONS Muzāra‘ah (Sharecropping): المزارعة: دفع أرض لمن يزرعها، أو حب لمن يزرعه ويقوم عليه بجزء معلوم مشاع من الثمرة. This refers to the arrangement in which a landowner grants land to another person to cultivate, or provides seeds for planting and overseeing the crops, in exchange for a predetermined share of the yield. NOTE: The focus here is on the labour involved in irrigating, cultivating, and maintaining the trees. EXAMPLE: A person has land with trees such as date palms, grapes, pomegranates, etc. He gives it to someone to cultivate in exchange for a share of the fruit. Musāqāh (Irrigation Partnership): المساقاة: دفع شجر مغروس معلوم، له ثمر مأكول لمن يعمل عليه بجزء مشاع معلوم من الثمرة. This refers to an agreement where a landowner grants an individual the right to cultivate and care for *pre-existing* fruit-bearing trees in return for a known share of the produce. EXAMPLE: A person has an empty plot of land with no crops, and he gives it to a farmer to cultivate, with the farmer receiving half of the produce, for example. BENEFIT: The term Musāqāh is derived from the verb saqyi (to irrigate), which is the most essential task in caring for trees. The Relationship Between the two: المزارعة تقع على الزرع كالحبوب، والمساقاة تقع على الشجر كالنخيل، وفي كل منهما للعامل جزء من الإنتاج. Muzāra‘ah applies to crops such as grains [Wheat, rice, corn (annual crops); coffee, tea (perennial crops)], while Musāqāh applies to trees such as date palms. In both cases, the worker receives a portion of the output. -------- RULING Muzāra‘ah and Musāqāh are both permissible and considered valid contracts according to the Sunnah (most scholars). It is reported that Ibn ‘Umar (may Allāh be pleased with him) said that: ((أن النبي ﷺ عامل أهل خيبر بشطر ما يخرج منها من ثمر أو زرع)). "The Prophet ﷺ made an agreement with the people of Khaybar that they would receive half of whatever was produced, whether fruit or crops." (Agreed upon, narrated by Al-Bukhari [2329] and Muslim [1551]). -------- المسألة الثانية: شروطهما Conditions for Their Validity 1. The contracting parties must be legally competent (جائز التصرف), meaning they must be of sound mind, free, and of legal age. 2. In Musāqāh, the trees must be known, and in Muzāra‘ah, the seeds must be specified. NOTE: Musāqāh is permissible for all fruit-bearing trees, according to the correct view (some specified to date palms and grains), which is the opinion of the majority of scholars. This ruling is based on the general wording of the hadith of Ibn ʿUmar, which mentions (من ثمر) "from the fruit," encompassing all types of fruit. This permissibility applies as long as there remains work to be done that contributes to its growth and development (بدو الصلاح). 3. The trees involved in Musāqāh must bear edible fruit, such as date palms or other fruit-bearing trees. NOTE: Sheikh ’Uthaymeen mentions that: Musāqāh contract is permissible for trees that do not bear fruit if their branches provide a beneficial use, as the fundamental principle is that the worker must receive a share in return for their labour, whether in the form of edible fruit or non-edible produce that serves a valuable purpose. [Sharh Al-Mumti’ (9/447)] BENEFIT: Sheikh ’Uthaymeen outlines three types of Musāqāh: 1. Agreements involving fruit-bearing trees. 2. Agreements concerning non-fruit-bearing trees that serve a valuable purpose. 3. Cases where a landowner grants land to someone for tree planting. This 3rd form is known as Al-Mughārasah/Munāṣabah/Mushāṭarah: This is the act of a landowner giving land to someone to plant trees, where the worker receives a share of the trees or their produce in return. The focus is specifically on the planting of trees.