A tree planting contract is when a person places some land at the disposal of another person to plant trees on it, and they share the proceeds between them. This is a valid transaction, although the recommended precaution is to refrain from it. In fact, the same result can be achieved through a transaction that is valid without any problem.
For example, the two parties can arrive at a settlement (ṣulḥ) and reach a compromise to the same effect; or, they can be each other’s partner (sharīk) with respect to the saplings, and after that the gardener can hire (ijārah) himself to the owner of the land for planting, tending to, and irrigating the saplings for a specified period in return for half of the proceeds resulting from the land during that period.
[1] As mentioned in Ruling 6, the term ‘problematic’ (maḥall al‑ishkāl) amounts to saying the ruling is based on obligatory precaution. [2] For practical purposes in jurisprudential rulings, an opinion that is termed ‘more apparent’ equates to a fatwa. CHAPTER EIGHTEEN » Those Prohibited from having Disposal over their Property CHAPTER SIXTEEN » Sharecropping (Muzāraʿah) العربية فارسی اردو English Azərbaycan Türkçe Français