4. The worker must receive a specified (معلوم) and known share (مشاع) of the yield, such as one-third or one-fourth, rather than a fixed wage.

THEREFORE: If the profit is not specified, such as if one were to say, "I engage you in a musāqāh contract in exchange for some of their fruit," this would be impermissible due to the ambiguity (جهالة) involved. Similarly, if one were to say, "I engage you in a musāqāh contract in exchange for 100 kilograms of their fruit," this would also be invalid, as the share is not proportionally allocated (مشاع). Further examples of impermissible profit-sharing agreements: - One party receiving two rows of the orchard while the other receives five. - Dividing the orchard based on location, with one party taking one side and the other taking the opposite side. - Allocating the harvest by time, where one party receives this one year's yield and the other gets next year's. NOTE: If the land owner wants to pay a fixed wage, it would be permissible under a rental agreement. ----------- المسألة الثالثة: الأحكام المتعلقة بهما Related Rulings The following legal rulings apply to Muzāra‘ah and Musāqāh: 1. The worker is required to carry out all tasks necessary for the proper care of the produce, ما فيه صلاح الثمرة including plowing, watering, cleaning, maintaining, pollinating date palms, drying fruits, and any other required work. 2. The landowner must ensure the preservation of the property ما فيه صلاح الأصل by digging wells, providing water sources, building fences and barriers, and supplying necessary tools and water pumps. NOTE: ’Urf (customs) is important in determining rights and obligations! قاعدة: الاطراد العرفي كالشرط اللفظي Consistent customary practice is akin to an explicit verbal condition. If the custom is not consistent, it is necessary to clearly specify the rights and obligations of the parties to prevent disputes. 3. The worker's share of the produce becomes legally his once the fruit appears. 4. Either party has the right to terminate the contract at any time, as it is a revocable contract rather than a binding one. If the contract is dissolved after the fruit has appeared, the produce is divided according to the agreed terms. However, if the worker terminates the contract before the crops sprout or the fruit appears, he is entitled to nothing, as he has effectively waived his right—similar to the case of a مضارب (investment manager) in a profit-sharing partnership (المضاربة). Conversely, if the landowner terminates the contract after work has begun but before the fruit appears, the worker is entitled to compensation for his labour. * If he works for 2 months out of an 8-month period, he is entitled to 1/4 of his original entitlement from the produce. This amount may exceed the wages of a labourer for 2 months because he is considered a partner, not merely a worker. NOTE: Most scholars (Jumhur) say it is a binding contract. Sheikh ’Abdurraḥmān As-Sa’dī (may Allāh have mercy on him) said: «الصحيح أن المساقاة والمزارعة عقدان لازمان لدخولهما في الأمر بالوفاء بالعقود والعهود؛ ولكون المقصود منهما الكسب والعِوض، وليسا من عقود التبرُّعات، أو من عقود الوكالات، حتى يُفسح لأحدهما في فسخها» "The correct view is that musāqah and muzāra’ah are binding contracts, as they fall under the general command to fulfill contracts and covenants. This is because their purpose is profit and compensation, and they do not belong to the category of charitable contracts or agency contracts, where one party would have the right to unilaterally annul them." If the contract is binding, the duration must be specified: - Minimum: The time required to complete the harvest. - Maximum: For as long as the tree remains standing (according to the majority of scholars). Additionally, the contract remains in effect even after the death of either party.