887 - Issue: He said: (It is not permissible to set for him an excess of silver coins). This means if he stipulates a known portion of the fruit and a known amount of silver coins, such as ten or the like, it is not permissible, without disagreement, because it is possible that the yield produced is not worth those coins, whereby the owner of the wealth would be harmed. For this reason, we have prohibited stipulating known quantities of dry measures (aqfiza). If he stipulates silver coins for him separate from the portion, it is not permissible for that same reason. If he sets for him the fruit of a year other than the year in which he entered into the irrigation contract (musaqat) with him, or the fruit of trees other than the trees for which he contracted, or stipulates that he perform work on trees other than those for which he contracted, or work in a time other than that year, the contract is invalid, whether he makes that all of his entitlement or part of it [or all of the work or part of it]; because this contradicts the subject of musaqat, as its subject is that he works on specified trees for a common portion of their fruit at that time in which he is entitled to the work upon them.

Section: If he enters into a musaqat or sharecropping contract with a man, and the worker then contracts with someone else regarding the land or the trees, that is not permissible. Abu Yusuf and Abu Thawr held this view. Malik permitted it if he brought a trustworthy man. Our argument is that he is a worker with a portion of the yield, so it is not permissible for him to contract with another regarding it, like the mudarib (agent in profit-sharing). Furthermore, he only authorized him to work on it, so he may not authorize someone else, like an agent (wakil). As for if he leases land, he may sharecrop it with someone else, because the benefits have become rightfully his, so he possesses the right to sharecrop it, just like the owner, and the rent is upon the lessee, not the sharecropper, as we mentioned regarding the kharaj (land tax). Likewise, it is permissible for one who holds kharaj land to sharecrop in it because he is in the position of one who leases it. The beneficiary of a waqf (endowment) may sharecrop in the waqf land and enter into a musaqat contract regarding its trees, because he is either the owner of its core (raqaba) or in the position of the owner. We know of no disagreement among those who permit musaqat and sharecropping regarding this. And Allah knows best.