who possesses land with palm trees and orchards, and hands it over to people to cultivate the land and tend to the trees, on the condition that he receives half [of the yield] and they receive half, there is no harm in that, for the Prophet (1) - peace and blessings of Allah be upon him - handed over Khaybar [to be managed] on this basis (2). Thus, he permitted handing over land for its cultivation without mentioning the seed. Based on this, whoever provides the seed, it is permissible. This has also been narrated (3) from Umar ibn al-Khattab, may Allah be pleased with him (4). This is the view of Abu Yusuf and a group of the People of Hadith, and it is the correct one, if Allah Almighty wills. It has been narrated from Sa'd, Ibn Mas'ud, and Ibn Umar that the seed is to be provided by the laborer. Perhaps they meant that it is permissible for it to be from the laborer, so it would be in accordance with the statement of Umar and would not constitute a third [divergent] opinion. The proof for the validity of what we have mentioned is the statement of Ibn Umar: The Messenger of Allah - peace and blessings of Allah be upon him - handed over the palms and land of Khaybar to the Jews of Khaybar, on the condition that they work on them with their own resources, and the Messenger of Allah - peace and blessings of Allah be upon him - would receive half of their fruit. In another wording: on the condition that they work on them and cultivate them, and they receive half of what is produced from them. Both are reported by al-Bukhari (5). He assigned the work on them to their own resources and the cultivation to them, and he did not mention anything else. The apparent meaning is that the seed was from the people of Khaybar, and the fundamental principle relied upon in muzara'a is the story (6) of Khaybar. The Prophet - peace and blessings of Allah be upon him - did not mention that the seed was the responsibility of the Muslims; if it were a condition, he would not have failed to mention it, and if the Prophet - peace and blessings of Allah be upon him - and his companions had done so, it would have been transmitted, and it would not have been permissible to neglect its transmission. Furthermore, Umar, may Allah be pleased with him, performed both matters, for al-Bukhari narrated from him that he made agreements with people [stipulating] that if (1) Umar brought the seed from his own possession, he would have half, and if they brought the seed, they would have such-and-such (7). The apparent implication of this is that it became well-known and was not objected to, and thus it constituted consensus. If it is said: This is equivalent to...