Ruling on Stipulating a Specific Portion in Musaqat or Muzara'ah

Authored by: Fatwas of the Saudi Fatwa Committee

In Musaqat (irrigation partnership) or Muzara'ah (farming partnership), it is not permissible for either party to stipulate a specific and fixed portion of the yield or allocate a specific area of the land or produce to themselves. Examples include:

1. Specific Quantity:
   
   • Saying: "I will give you my date palm orchard for irrigation, but I stipulate that one ton of the harvest will be mine, and the rest yours."
2. Specific Area:
   
   • In farming, saying: "The crops from the left side of the field will be mine, and the crops from the right side will be yours."
3. Specific Type of Crop:
   
   • In Muzara'ah, saying: "The barley harvest will be yours, and the wheat harvest will be mine."
4. Specific Variety:
   
   • In Musaqat, saying: "The yield from the Sukri date palms will be yours, and the Barhi date palms will be mine."

Reason for Prohibition:​

Such conditions are invalid because:

1. The yield must be shared proportionately and equitably between both parties.
2. Both parties' share must be mutually known and based on a percentage of the total produce (e.g., 50/50 or 60/40), ensuring fairness.

This ruling ensures justice and prevents disputes or exploitation in agricultural partnerships.

[Reference: Ibn Uthaymeen, Noor Ala Al-Darb, Vol. 4, Page 246]