Ushr on Sharecropped and Leased Farmland

Short answer: Based on the general principle derived from Sahih al-Bukhari 1483, ushr (or half ushr) is due on the agricultural produce itself. Therefore, the person who owns the crop at harvest time is obligated to pay ushr on his/her share. In sharecropping, both the landowner and the cultivator own a portion of the crop according to their agreement; each must pay ushr on their respective share if that share reaches the nisab (5 awsuq, about 653 kg of staple food). In a fixed-rent lease, the cultivator owns the entire crop and thus pays ushr; the landowner receives rent which is not agricultural produce and is not subject to ushr (though it may be subject to zakat on cash/wealth if conditions are met). Evidence: 1. Sahih al-Bukhari 1483: The Prophet (ﷺ) said, "On a land irrigated by rain water or by natural water channels... Ushr (one-tenth) is compulsory; and on the land irrigated by the well, half of an Ushr (one-twentieth) is compulsory." This establishes that the obligation is on the produce of the land, not on the land itself or the rental income. 2. The general principle of zakat: Zakat on crops is due from the owner of the crop at harvest time (cf. the hadith on nisab in Sahih al-Bukhari 1405, 1459 etc., which address the crop itself). Note: The supplied hadith do not explicitly address sharecropping or leasing, so the ruling is derived by applying the general rule that ushr follows the ownership of the harvested crop. For complex contracts, consult a knowledgeable scholar. Disclaimer: This fatwa is based solely on the provided evidence. For specific cases, you should consult a scholar of Ahl al-Hadith.