Section: If the worker stipulates that the wages of the hired laborers, whose assistance he requires, are to be paid from the produce, and he specifies the wage, it is not valid. This is because the labor is his responsibility, and if he stipulates that his wage be taken from the [joint] property, it is not valid, just as if he were to stipulate the wage for his own labor for himself. If he does not specify the amount, it is invalid for that reason, and because it is unknown. This differs from the case where the mudarib (profit-sharing agent) stipulates the wages for those he needs, such as porters and the like; this is because such [labor] is not required of the worker [himself], so it is a liability of the capital, and if he had stipulated wages for that which he is personally required to perform, it would not be valid, just like our case.

Section: The apparent view of Ahmad is that musaqah (sharecropping of trees) and muzara'ah (sharecropping of land) are permissible (non-binding) contracts. He alluded to this in a narration by al-Athram when he was asked about a tenant who removes himself [from the contract] without the landowner dismissing him, and he did not forbid him from doing so. This was mentioned by Sheikh Abu Abd Allah ibn Hamid, and it is the opinion of some of the hadith scholars. Some of our companions said: It is a binding contract, which is the opinion of most jurists, because it is a contract of exchange, so it is binding like a lease (ijarah). Furthermore, if it were permissible [non-binding], it would be permissible for the property owner to rescind it once the fruit has matured, thus causing the worker to lose his right and suffer harm. Our evidence is what Muslim reported with his chain of transmission from Ibn Umar, that the Jews asked the Messenger of Allah (peace and blessings of Allah be upon him) to let them stay in Khaybar on the condition that they work on it, and that the Messenger of Allah (peace and blessings of Allah be upon him) would have half of what it produces in fruit or crops. The Messenger of Allah (peace and blessings of Allah be upon him) said: "We shall let you stay on that for as long as we wish." If it were binding, it would not be valid without specifying a duration, nor by leaving the choice [of termination] to him regarding the duration of their stay. Furthermore, it was not transmitted that the Prophet (peace and blessings of Allah be upon him) set a specific time limit for them. If he had set one, its transmission would not have been abandoned, as this is something that needs to be known, so omitting its transmission is not permissible. And Umar, may Allah be pleased with him,