Sun 27 شعبان 1447 (15 Feb 2026)
[On Sharecropping for One-Third]
Mufti:
Alsayyed Muhammad b. Abdallah Awad Al-Muayyady
Fatwa number: 21651
Number of views: 1
[On Sharecropping for One-Third]
Fatwa number: 21651
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Question: An agreement and contract were concluded between two men that one of them would work in the other’s land: he would dig, purchase equipment, seeds, and trees, plow, clear the land, and irrigate—on the basis that whatever benefits result would be divided in thirds: one-third to the landowner and two-thirds to the worker, for a period of twenty years. When the term ends, the worker would leave the land and hand it over to its owner together with what it contains of the well, the engine, the pipes, and the equipment. After six years, the two men fell into dispute, accusations arose, trust collapsed, and the worker wanted to leave the farm and requested to rescind the contract and agreement, while the landowner insisted on his remaining until the end of the term. What is the legal ruling?
Answer — and from Allah is success: The legal ruling, were the two litigants to refer to the judge, is to rule the contract described in the question invalid. If that is the case, then the worker owns everything he put into the land: the house is the worker’s; the engine is the worker’s; the pipes are also the worker’s; the young plants likewise belong to the worker; and whatever produce has been obtained is the worker’s. If the worker performed work on the land until it became suitable for cultivation, he is entitled to the value of his work, and likewise for the labor of digging the well. This is what the worker deserves and what is his.
As for the landowner, he is entitled to the rent of the land—namely, its customary rental value as assessed by two just men.
If the landowner wants the trees planted on the land, he may take them, but he must pay their value—the intent being that the trees be appraised as if they were in a nursery where trees are sold.
Likewise, if he wants the engine and its accessories, he must pay their value; and likewise, if he wants the makhzaq [the well] and the house, then he must pay the value for them.
If he does not want them, he is not permitted to use them; and if he does not want the trees, then the worker must remove his trees.
We say this because the engine and its accessories and the planted trees are the property of the worker; he has not effected any sale of them to the landowner, nor any gift. It is not hidden that a just ruling requires what we have mentioned.
This is supported by what the scholars say regarding a usurper who seizes land and cultivates it: he is not obligated beyond the rent of the land.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2
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