harm; 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 for him a specific portion 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 [the place and its designation].