Sharecropping on the condition of half the produce and of the entire produce

Question

Question: (1) If ‘Umar gave Zayd some land on the condition: “Of whatever it produces, half will be mine and half yours,” and besides that gave him some other land on the condition: “Whatever it produces, I alone will take all of it,” is this impermissible or permissible? (2) ‘Umar gave Zayd land for cultivation, fixing an annual sum in rupees, but at the appointed time Zayd did not pay the rupees: either Zayd spent them on his own needs, or the harvest fell short; and under the laws now in force ‘Umar cannot…

Answer

The condition of half and half is permissible, whereas under the condition “whatever it produces, I alone will take all of it” the transaction is not valid: after all, what would Zayd be cultivating it for?! Either he must receive something from the produce, or he must be given a wage for the work of cultivation.

Source: Fatawa Mahmudiyya

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