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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Clarification that Musaqat and Muzara'ah are not exchange contracts

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Question:
He says: Honorable Shaykh, may Allah grant you success, you mentioned, may Allah preserve you, that musaqat and muzara'ah are not among exchange contracts, even though it appears that there is an exchange in them. So what is the clarification of your eminence?

Answer:
It is an exchange; it is a lease, a lease contract. It is a lease for the one who waters the palm trees, in exchange for a share of their fruit. This is musaqat: he waters the palm trees in exchange for a share of their fruit. This is a lease, not a sale. It is also a permissible contract (ja'iz), not like a sale, which is a binding contract. The option to cancel (khiyar) only exists in a binding contract. As for musaqat and muzara'ah, they are two permissible contracts (ja'iz). Each party has the right to cancel; they do not need an option to cancel. If one does not wish to continue, he cancels it at any time. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 141/71 شرح زاد المستقنع/ صالح الفوزان — youtube.com (14:34)

The Arabic text is a machine transcription of the audio recording.

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