Is it permissible for the landowner in a sharecropping agreement to deduct the costs of fertilizers, pesticides, and seeds from the crop before dividing it equally with the farmer?
Sharecropping (Muzara'ah) is permissible according to the majority of scholars. They cite as evidence the actions of the Prophet (peace be upon him) in Khaybar, and the actions of the Companions after him. Any prohibitions reported regarding it are interpreted as referring to specific forms.
However, it is not permissible for the landowner to stipulate taking what he spent before dividing the crop, because this is akin to stipulating a known measure (qafizan ma'lumah) for him, which invalidates the sharecropping agreement. In such a case, the crop belongs to the landowner, and he owes the sharecropper a fair wage (ajrat al-mithl). It is permissible, though, for the landowner to stipulate a larger share of the crop in return for what he spent.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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