Imam Malik, may Allah have mercy on him, said that for those trees in which musaqat is permissible, if fruits have already appeared on them in such a way that their improvement is certain, and their sale has become permissible, then musaqat is no longer permissible for them; however, it is permissible for the following year. But if the improvement of those fruits is not certain, and they are not yet fit for sale, then musaqat is permissible for them.

Imam Malik, may Allah have mercy on him, said that it is not permissible to give barren land as musaqat (sharecropping), but it is permissible to give it on rent. And if a person gives his barren land to someone so that he may cultivate it, and fixes a third or a fourth of the produce as rent for the land, then this is not permissible, because there is deception in it; it is not known whether the crop will grow or not, whether the yield will be less or more. Rather, its example is like a person hiring someone as a servant to accompany him on a journey, then saying, "Take a tenth of whatever profit I earn on this journey." This is not permissible.

Imam Malik, may Allah have mercy on him, said that musaqat is permissible with date-palm trees and not permissible with barren land, because the owner of barren land can rent out his land, while the owner of date-palms cannot sell his fruits until it is certain that they have improved.

Imam Malik, may Allah have mercy on him, said that musaqat (sharecropping of trees) is permissible for two, three, four years, or less or more, in date-palm trees and what is similar to them.

Imam Malik, may Allah have mercy on him, said that in musaqat, the owner of the land is the worker; he cannot take more than what has been agreed upon. Gold or silver or grain or anything else, in this way the worker cannot take more than the owner.

Imam Malik, may Allah have mercy on him, said that the same ruling applies to mudarabah; if in mudarabah or musaqat more is taken than the stipulated amount, then it will be considered as hiring (ijarah), and such a hiring (ijarah) is not valid in which there is deception.

Imam Malik, may Allah have mercy on him, said: If someone makes a musaqat contract for land in which there are trees—either grapevines or date palms—and there is also some empty land, then if the empty land is one-third or less, the musaqat is valid. But if the empty land is more and the trees are in one-third or less, then it is permissible to rent out such land, but musaqat is not valid. This is because it is the custom of people that they make musaqat contracts for land, and a small portion of the land remains empty, or they rent it out and a small portion of the land contains trees. Or, for example, a mushaf or a sword that has silver on it is sold in exchange for silver, or a necklace or ring that contains gold is sold in exchange for gold. And people have always conducted such transactions. No specific limit has been set that if the amount of gold or silver is up to a certain extent, it is lawful, and if it is more, it is unlawful. However, according to us, in accordance with the practice of the people, the ruling is that when the gold or silver in a mushaf, sword, or ring is equal to one-third of the price or less, then its sale in exchange for silver or gold is valid; otherwise, it is not valid.

Malik said: Regarding a man who enters into a musaqat contract with another man for land in which there are date palms, grapevines, or similar types of perennial plants, and there is also uncultivated land (al-bayad) within it, Malik said: If the uncultivated land is subordinate to the main crop, and the main crop constitutes the greater or the majority part, then there is no harm in making a musaqat contract for it. That is, if the date palms constitute two-thirds or more, and the uncultivated land is one-third or less, then the uncultivated land in this case is considered subordinate to the main crop. But if the uncultivated land contains some date palms or grapevines or similar types of perennial plants, and the main crop is one-third or less, and the uncultivated land is two-thirds or more, then in this case, leasing (kirā’) is permissible, but musaqat is forbidden. This is because it is customary among people to make musaqat contracts for the main crop, even if there is some uncultivated land included, and to lease land even if there is a small amount of the main crop in it. Or, for example, to sell a mushaf or a sword that has silver ornamentation for silver, or a necklace or a ring that contains gems and gold for dinars. Such sales have always been permissible, and people have continued to buy and sell them, and nothing has been reported that is specifically described and restricted in this matter, such that if it reaches a certain amount it becomes forbidden, and if it is less than that it is permissible. The practice among us, which people have acted upon and permitted among themselves, is that if the silver or gold is subordinate to the item it is in, its sale is permissible. That is, if the blade, the mushaf, or the gems constitute two-thirds or more of the value, and the ornamentation is one-third or less, then its sale is permissible.