What is the meaning of musaqat and muzara'ah?
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The questioner : This is a questioner from Riyadh asking: What is musaqat and what is muzara'ah?
The Shaykh : Musaqat is when the owner of palm trees gives his trees to a person to take care of them by watering them and other such tasks, and the fruit is shared between them, that is, between the owner of the palm trees and the worker. It may be split in halves, or in thirds, with one third for the worker and two thirds for the owner of the original property, or the reverse, according to what they agree upon. So, if the owner of the property gives this farmer his palm trees to take care of them for a known, undivided share of the produce, this is musaqat.
As for muzara'ah, it is when he gives his land to a person to plant it and take care of the crops, and the crops are shared between them according to what they agree upon, in halves, quarters, or thirds. However, the share must be a known, undivided portion. It is authentically reported from the Prophet (peace and blessings be upon him and his family) that he contracted with the people of Khaybar when he conquered it for half of what comes out of it in fruit or crops.
It is not valid in musaqat or muzara'ah to stipulate for one of them a specific portion by measure or a specific portion by location. In other words, it is not permissible to say, "I gave you my palm trees in musaqat on the condition that I have one ton of its fruit and you have the rest," or the same in crops. Or to say, "You plant the eastern side of the land and I have the crops from the western side of the land," or to say, "You plant the barley and I have the wheat," or to say in musaqat, "You have the dates of the Sukkari variety and I have the dates of the Barhi variety," or the like. All of this is not permissible. The share must be a known, undivided portion for both parties. Yes.
The questioner : May Allah bless you.
The Shaykh : Musaqat is when the owner of palm trees gives his trees to a person to take care of them by watering them and other such tasks, and the fruit is shared between them, that is, between the owner of the palm trees and the worker. It may be split in halves, or in thirds, with one third for the worker and two thirds for the owner of the original property, or the reverse, according to what they agree upon. So, if the owner of the property gives this farmer his palm trees to take care of them for a known, undivided share of the produce, this is musaqat.
As for muzara'ah, it is when he gives his land to a person to plant it and take care of the crops, and the crops are shared between them according to what they agree upon, in halves, quarters, or thirds. However, the share must be a known, undivided portion. It is authentically reported from the Prophet (peace and blessings be upon him and his family) that he contracted with the people of Khaybar when he conquered it for half of what comes out of it in fruit or crops.
It is not valid in musaqat or muzara'ah to stipulate for one of them a specific portion by measure or a specific portion by location. In other words, it is not permissible to say, "I gave you my palm trees in musaqat on the condition that I have one ton of its fruit and you have the rest," or the same in crops. Or to say, "You plant the eastern side of the land and I have the crops from the western side of the land," or to say, "You plant the barley and I have the wheat," or to say in musaqat, "You have the dates of the Sukkari variety and I have the dates of the Barhi variety," or the like. All of this is not permissible. The share must be a known, undivided portion for both parties. Yes.
The questioner : May Allah bless you.