The Condition of a Time Period in Musaqat and Muzara'ah
Machine translationRead the Arabic original
Question:
Honorable Shaykh, are musaqat and muzara'ah like ijarah? Is a time period required for them?
Answer:
Yes, a time period is required for them, but it is lighter than ijarah. We can terminate it whenever we wish, whenever we wish. This is evidence that it is not necessary to fix a specific duration; rather, this is left to the owner of the land, the owner of the property. Yes, but he must not wrong the other party. If he wants to remove him, he says—and regarding ijarah, he says—and regarding musaqat, musaqat and muzara'ah are a permissible contract. Do you know a permissible contract? It is one that may be rescinded. So it is a permissible contract, and upon rescission, the worker is given compensation for his work.
Honorable Shaykh, are musaqat and muzara'ah like ijarah? Is a time period required for them?
Answer:
Yes, a time period is required for them, but it is lighter than ijarah. We can terminate it whenever we wish, whenever we wish. This is evidence that it is not necessary to fix a specific duration; rather, this is left to the owner of the land, the owner of the property. Yes, but he must not wrong the other party. If he wants to remove him, he says—and regarding ijarah, he says—and regarding musaqat, musaqat and muzara'ah are a permissible contract. Do you know a permissible contract? It is one that may be rescinded. So it is a permissible contract, and upon rescission, the worker is given compensation for his work.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب المساقاة والإجارة — islamhouse.com (54:51)
The Arabic text is a machine transcription of the audio recording.