Book of Musaqat (Sharecropping/Irrigation Partnership)

Musaqat is when a man hands over his trees to another person to attend to their irrigation and all other work required, in exchange for a known portion of their fruit for him. It is only called Musaqat because it is a mutual action derived from irrigation (saqy), as the people of the Hijaz had the greatest need for their trees to be irrigated, because they watered them from wells, and thus it was named accordingly. The basis for its permissibility is the Sunnah and consensus (ijma'). As for the Sunnah, it is what Abdullah ibn Umar (may Allah be pleased with him) narrated, saying: 'The Messenger of Allah (peace and blessings of Allah be upon him) entered into an agreement with the people of Khaybar for half of what comes out of it, whether fruit or crops.' This is a sound (sahih) hadith, agreed upon. As for the consensus, Abu Ja'far Muhammad ibn Ali ibn al-Husayn ibn Ali ibn Abi Talib (may Allah be pleased with him and his forefathers) said: 'The Messenger of Allah (peace and blessings of Allah be upon him) entered into an agreement with the people of Khaybar for half (the produce), then Abu Bakr, Umar, Uthman, and Ali, and then their families until today, would give a third or a fourth.' This was acted upon by the Rightly Guided Caliphs during their caliphates, and it became well-known, and no one denied it, so it became a consensus. If it is said: 'We do not concede that no one denied it,' for...