Muwatta 2057

Malik says: when the fruit has ripened, shown ripeness, and its sale has become due, and a man says to another: do some of these works for me, for a named work, for half the fruit of my orchard, there is no harm, since he hires him for something known and agreed. As for irrigation partnership: if the orchard has no fruit, or little fruit, or it spoils, the labourer has nothing except that. A labourer is hired only for a named thing; hire is valid only so. Hire is a sale of the sales, in which one buys his work, and it is not proper if uncertainty enters, because the Messenger forbade the sale of uncertainty. ¹

Belongs to the Muwatta, Book of Irrigation Partnership (musaqat). Source: the Muwatta. Mentions Malik ibn Anas. Built on in the chapters on irrigation partnership (musaqat), hire and uncertainty (gharar).