Types of Musaqat and Muzaraat

Authored by: Fatwas of the Saudi Fatwa Committee
Topic: Ruling and Wisdom of Musaqat and Muzaraat

Introduction
Musaqat and Muzaraat are two types of contractual agreements that Allah and His Messenger have permitted for the benefit of His servants. It is important to note the general principle in matters of transactions: unlike acts of worship, the default ruling in transactions is permissibility unless there is explicit evidence prohibiting a specific practice. Conversely, in acts of worship, the default ruling is prohibition unless there is evidence proving its legitimacy.

The permissibility of transactions reflects Allah’s wisdom and mercy upon His servants, as humans frequently engage in various types of dealings. Restricting or limiting these would cause undue hardship. Consequently, Musaqat and Muzaraat are permissible dealings unless explicitly prohibited by evidence.

Definition and Scope​

1. Musaqat:
   
   • Relates to trees.
   • Example: An individual owns a garden with trees such as date palms, grapes, figs, or citrus trees. The owner allows another person to work on these trees (e.g., watering, pruning) in exchange for a known and shared portion of the yield (e.g., half or one-third).
   • Conditions:
     The agreement must specify a shared portion (e.g., one-half or one-third). Specific or exclusive divisions, such as designating fruits from certain trees for one party and others for the other party, are not permissible. For instance:
     
     • If one says, "The eastern side’s produce is mine, and the western side’s produce is yours," such conditions are invalid.
     • Evidence:
       Rafi’ ibn Khadij (رضي الله عنه) narrated that during the Prophet’s ﷺ time, people would rent land with uncertain outcomes (e.g., some areas yielding crops and others not). The Prophet ﷺ forbade this but allowed arrangements based on clear and guaranteed shares.
       [Sunan Abi Dawood, Hadith No. 3392]
2. Muzaraat:
   
   • Relates to farming and agricultural land.
   • Example: An individual provides land to another person for farming under a contract specifying a known and shared portion of the produce (e.g., half or one-fourth).
   • Conditions:
     The share must be known, determined, and mutually agreed upon. For instance, the owner cannot say, "You take 100 measures of the harvest, and the rest is mine," as this leads to ambiguity and potential unfairness.

Key Conditions for Both Musaqat and Muzaraat​

1. Avoiding Ambiguity:
   Ambiguity and uncertainty are prohibited to prevent disputes and deception. For example:
   
   • If a specific portion of the produce is assigned to one party without sharing (e.g., only eastern trees or 100 measures), it leads to the possibility of one party receiving nothing in the event of crop failure.
2. Shared Risk and Reward:
   Both parties must share the risk and benefit. Agreements involving specific or exclusive portions can result in exploitation, which is impermissible.

Permissibility of Renting Land or Trees for a Fixed Sum​

1. Fixed Rent:
   It is permissible to rent land or trees for a fixed sum, independent of the yield. For example, an owner can say:
   
   • "Take these date trees for 10 years. All the produce will be yours, and you will pay me an annual sum of 100,000 units."
2. Scholarly Opinions:
   
   • Majority View:
     Most scholars consider this impermissible due to the possibility of significant disparity in yield. Some years might produce abundant harvests, while others might yield little to nothing due to natural calamities.
   • Ibn Taymiyyah’s View:
     Ibn Taymiyyah permits this arrangement, arguing it is akin to renting land for farming. He cites an example from Umar ibn al-Khattab (رضي الله عنه), where he accepted a garden as collateral for a debt.
   • Preferred View:
     Ibn Taymiyyah’s opinion appears stronger, as there is no significant difference between renting land for agriculture and renting trees for their fruit.

Forms of Musaqat and Muzaraat​

1. Musaqat (Trees):
   
   • Option 1:
     The worker is assigned a known and shared portion of the yield (e.g., half, one-third, one-fourth) for their labor on the trees.
   • Option 2:
     The owner rents the trees to the worker for a fixed period and payment, independent of the yield.
2. Muzaraat (Land):
   
   • Option 1:
     The worker cultivates the land in exchange for a known and shared portion of the produce.
   • Option 2:
     The owner rents the land for a fixed sum, independent of the produce.

Both options are permissible provided ambiguity and exploitation are avoided.

Reference: Ibn Uthaymeen: Noor Ala Al-Darb, 11/246