Muwatta 2069

Malik says of a man who gives another an orchard of palms and vines, or similar roots, where there is also open land. If the open land is secondary to the roots, and the roots are greater and more than it, then irrigation partnership on it is lawful: that is when the palms are two-thirds or more and the open land a third or less. If the roots are a third or less and the open land two-thirds or more, then renting is lawful and irrigation partnership is forbidden. 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) and hire.