Section: If an orchard contains trees of various species, such as figs, olives, grapevines, and pomegranates, and he stipulates for the worker a specific portion of each species—such as half the fig fruit, one third of the olives, one fourth of the grapevines, and one fifth of the pomegranates—or if it contains varieties of a single species and he stipulates a specific portion for each variety, and both [parties] know the amount of each variety, it is valid; because this is like [contracting for] four orchards, where he enters into a musaqat agreement for each orchard with a portion different from the portion stipulated for the other. If they do not know the amount of each, or if one of them does not know, it is not permissible; because the majority of what is in the orchard might be of the species for which a small portion was stipulated, or the majority might be of what for which a large portion was stipulated. If he says: "I have entered into a musaqat agreement with you for these two orchards, with half of this [orchard] and one third of this [orchard]," it is valid; because it is a single transaction that combines two considerations, so it is as if he had said: "I have sold you these two houses of mine, this one for one thousand, and this one for one hundred." If he says: "With half of one of them and one third of the other," it is not valid; because it is unknown; it is not known which of them he is entitled to half of, nor which he is entitled to one third of. If he enters into a musaqat agreement for a single orchard, [stipulating that] half of it [is] for half [the share] and [the other] half of it [is] for one third [the share], and they are distinct, it is valid, because they are like two orchards.

Section: If the orchard belongs to two people, and they enter into a musaqat agreement with one worker, on the condition that he receives half of one's share and one third of the other's share, and the worker is aware of the share of each of them, it is permissible; because the contract of one [person] with two [people] constitutes two contracts. If he treats each of them separately with a contract, he may stipulate whatever they agree upon. If he is ignorant of the share of each of them, it is not permissible; because it is gharar (uncertainty), for the share of the one for whom he stipulated half might be small, so his portion would be small, and it might be large, so his portion would increase. However, if they both stipulate a single portion from their collective wealth, it is permissible, even if he does not know the amount belonging to each of them; because it is an ignorance that involves neither gharar nor harm, and thus it becomes as if they had said: "We have sold you this house of ours for one thousand." Even if he does not know the share of each of them, it is permissible; because no matter what the share is, he knows its consideration and he knows the entirety of what is being sold, so it is valid. It is the same here. If one [person] enters into a musaqat agreement with two [people], it is permissible, and it is permissible to stipulate equality for them in the share, and it is permissible to stipulate that one of them receives more than the other.

Section: If he enters into a musaqat agreement with him for three years, on the condition that in the first he has half, in the second one third, and in the third one fourth, it is permissible; because the amount of his wealth in each year is known, so it is valid, just as if he had stipulated a specific portion for him from each variety.

Section: If he hands an orchard to a man and says: "Whatever wheat you plant in it, I shall have one fourth of it; whatever barley you plant, I shall have one third of it; and whatever broad beans you plant, I shall have half of it," it is not valid; because the amount of what he will plant of each of these varieties is of an unknown quantity, so it proceeds in the same manner as if he had stipulated for him in the musaqat one third of this variety and one half of that other variety, while he is ignorant of what is in them of both. If he says: "If you plant it with wheat, I shall have one fourth of it; if you plant it with barley, I shall have one third of it; and if you plant it with broad beans, I shall have half of it," it is also not valid; because he does not know what he will plant, so it resembles what if he had said: "I have sold you [this] for ten sound [coins] or eleven broken [coins]." There is another view that it is valid, based on his statement regarding lease (ijara): "If you sew it in the Roman style, you shall have one dirham, and if you sew it in the Persian style, you shall have half a dirham." Since it is valid in the explicit text regarding that, a similar [conclusion] is derived here. If he says: "Whatever you plant in it, I shall have half of it," it is valid; because the Prophet (peace and blessings of Allah be upon him) entered into a musaqat agreement with the people of Khaybar for half of what comes out of it, whether of fruit or crops. If he grants him in the muzara'a one third of the wheat, one half of the barley, and two thirds of the broad beans, and they specify the amount of what is to be planted of each of these varieties, either by estimating the seed [amount] or by estimating...