I have agricultural land that I gave to one of the farmers to cultivate for himself in exchange for twenty percent of the produce, which I take from him. Is this permissible, and what is this called?
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The questioner : I have agricultural land, and I gave it to one of the farmers to cultivate for himself in exchange for twenty percent of the produce, which I take from him. Is this permissible, and what is this type of agricultural transaction called in Islamic law?
The Shaykh : Yes, this is permissible. It is permissible for you to give your land to someone to cultivate it in exchange for a share of its produce, a common share such as twenty percent, which is one-fifth, or forty percent, which is two-fifths, or fifty percent, which is one-half, and so on. This is because it is established from the Prophet (peace and blessings be upon him) meaning with half of it. Therefore, it is permissible for one who has land to give it to someone to cultivate it in exchange for a common share of its produce. This is called a transaction, and it is also called musaqah. Yes.
The questioner : His third question.
The Shaykh : Yes, this is permissible. It is permissible for you to give your land to someone to cultivate it in exchange for a share of its produce, a common share such as twenty percent, which is one-fifth, or forty percent, which is two-fifths, or fifty percent, which is one-half, and so on. This is because it is established from the Prophet (peace and blessings be upon him)
He contracted with the people of Khaybar when he conquered it, contracting with them for half of what comes out of it, whether fruit or crops.
أنه عامل أهل خيبر حين فتحها عاملهم بشطر ما يخرج منها من ثمر أو زرعThe questioner : His third question.