Section: Musaqat is valid for trees that are self-sufficient without needing irrigation (ba'l), just as it is permitted for that which requires irrigation. Malik expressed this view, and we do not know of any disagreement on this matter among those who permit musaqat, because the need calls for transaction in that [case], just as it calls for transaction in other things, so it is subjected to analogy. The same ruling applies to muzara'a (sharecropping).

Section: Musaqat is not valid except for trees known by sight or by a description that does not allow for disagreement, just like in a sale. If he enters into a musaqat agreement for an orchard without sight or description, it is not valid, because it is a contract on an unknown object, so it is not valid, like a sale. If he enters into a musaqat agreement for one of these two enclosures, it is not valid, because it is an exchange in which the objective varies with the variation of the entities, so it is not permitted on an unspecified object, like a sale.

Section: Musaqat is valid using the term 'musaqat' and expressions that convey its meaning, such as 'I have entered into a transaction with you (aamaltuka)', 'I have partnered with you (falahtuka)', 'Work in this orchard of mine until its fruit is complete', and similar expressions, because the intended goal is the meaning. If he produces the contract in any expression that indicates it, it is valid, like a sale. If he says: 'I have hired you to work for me in this enclosure until its fruit is complete, for half of its fruit,' there are two views regarding it: One is that it is not valid, as mentioned by Abu al-Khattab, because it is a condition for ijarah (hiring) that the compensation be known, the work be known, and that it be binding, whereas musaqat is the opposite. The second is that it is valid, and this is more consistent with analogy, because it conveys the meaning, so the contract is valid through it, like other agreed-upon expressions. Abu al-Khattab has mentioned that the meaning of Ahmad’s statement—'The hiring of land for a portion of its produce is permitted'—is muzara'a, provided the seeds and labor are from the worker. The conditions of ijarah that were mentioned are only considered in...