the laborer's work in something else, does the musaqat (irrigation contract) and muzara'a (sharecropping contract) become invalid? There are two narrated opinions on this, based on the [invalid conditions] in sales and Mudaraba contracts.
Section: If a man gives his seed to the landowner to plant it in his land, and the output is to be between them, it is also invalid; because the seed is neither from the landowner nor from the laborer, and the crop belongs to the owner of the seed, and he owes the rental for the land and the labor. If the landowner says to a man: "I will cultivate the land with my seed and my labor/animals, and its irrigation shall be from your water, and the crop will be between us," there are two narrations regarding this. The first is that it is not valid. The Qadi chose this because the subject of muzara'a is that the land is from one of them and the labor is from the other, and the owner of the water provides neither land, nor labor, nor seed; for water is neither sold nor rented, so how can muzara'a be valid with it? The second is that it is valid. Abu Bakr chose this, and Yaqub ibn Bakhtan and Harb transmitted it from Ahmad; because water is one of the things needed for cultivation, so it is permissible for it to be provided by one of them, like the land and the labor. The first [opinion] is more correct, because this is not explicitly mentioned, nor is it in the meaning of what is mentioned, for the reasons we have stated.
Section: If three people form a partnership—one providing the land, another providing the seed, and the third providing the oxen and labor—on the condition that whatever God provides shall be shared among them, and they act accordingly, this is an invalid contract. Ahmad stated this explicitly in a narration by Abu Dawud, Muhanna, and Ahmad ibn al-Qasim, and he mentioned the hadith of Mujahid regarding four men who partnered in a crop during the time of the Messenger of Allah (may Allah bless him and grant him peace). One of them said, "The plow (faddan) is upon me." Another said, "The land is upon me." Another said, "The seed is upon me." And the other said, "The labor is upon me." The Prophet (may Allah bless him and grant him peace) assigned the crop to the owner of the seed, disregarded the landowner, assigned a dirham per day to the laborer, and a known amount to the owner of the plow. Ahmad said: "It is not valid, and the labor...
(5) In M: "the corrupt condition". (6) He is Yaqub ibn Ishaq ibn Bakhtan. He was mentioned earlier in: 1/445. (7) Al-faddan: the plow. (8) In B: "upon" (ala). (9) Reported by Ibn Abi Shaybah in: The Chapter on People Partnering in Crops, from the Book of Sales and Judiciary. Al-Musannaf 7/123.