Is money earned from the uncle's cultivation of the land that the father used to cultivate for half the crop permissible?
If a father is unable to cultivate land owned by another due to imprisonment or similar circumstances, he may agree with another trustworthy person to complete its cultivation, based on a mutually agreed share of the produce, provided that the landowner did not stipulate that the father must perform the work himself. If such a condition exists, he is not permitted to have someone else take his place except with the permission of the landowner. It is stated in Hashiyat Al-Dasuqi: "It is permissible for a worker in a Musaqah agreement to employ another trustworthy worker... The permissibility is contingent on the owner of the garden not having stipulated that the worker must perform the work himself."
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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