as if he had taken it from that state. It is also possible that its zakat is upon the usurper because it was his property at the time its 'ushr became obligatory, which is when the grain hardens. If he enters into a sharecropping agreement (muzara'ah) with a man in an invalid manner, the 'ushr is upon the one for whom the crop is due. If it is valid, then each of them is responsible for the 'ushr of his share. If it reaches five camel-loads (awsuq), or he possesses enough of the crop which, when added to it, reaches five awsuq, then he is liable; otherwise, there is no 'ushr upon him. If one person's share reaches the nisa' (minimum threshold) while his partner's does not, the one whose share reached the nisa' is liable for its 'ushr, and there is nothing upon the other, because mixing (khultah) does not have an effect on anything other than grazing livestock, according to the correct view. It has been narrated from Ahmad that it does have an effect, thus the 'ushr is incumbent upon both of them if the entire crop reaches five awsuq, and each of them extracts the 'ushr of his share, unless one of them is from those upon whom there is no 'ushr, such as a mukatab (an enslaved person with a contract of manumission) or a dhimmi (protected non-Muslim subject); then his partner is not liable for any 'ushr unless his own share reaches the nisa'. The same ruling applies to sharecropping of trees (musaqah).

Section: It is disliked for a Muslim to sell his land to a dhimmi or to lease it to him, as this leads to the dropping of the 'ushr from what is produced from it. Muhammad ibn Musa said: I asked Abu 'Abd Allah about a Muslim leasing land subject to kharaj to a dhimmi? He replied: He should not lease it to a dhimmi; he is only liable for the jizya, and this is harmful. He said in another place: Because they do not perform zakat. If a dhimmi leases it from him, or if he sells land that is not subject to kharaj to a dhimmi, the sale and the lease are valid. This is the school of al-Thawri, al-Shafi'i, Shuraik, and Abu 'Ubayd, and there is neither 'ushr nor kharaj upon them for it. Harb said: I asked Ahmad about a dhimmi buying 'ushr land? He said: I know of no [penalty] upon him for that; the charity is merely like the condition of a man's wealth, and this buyer is not liable for it. The people of Medina say a good thing regarding this; they say: We do not permit a dhimmi to buy 'ushr land.