The Chapters on Pawning

كتاب الرهون

Chapter 1: [Abu Bakr Bin Abi Shaibah Narrated To Us]

It was narrated that Anas said

“The Messenger of Allah (ﷺ) pawned his armor to a jew in Al-Madinah, and took barely for his family in return.”

Chapter 4: Wages Of Workers

It was narrated from Abu Hurairah that the Messenger of Allah (ﷺ) said

(Allah (SWT) says:) “I am the opponent of three on the Day of Resurrection, and if I am someone's opponent I will defeat him: A man who makes promises in My Name, then proves treacherous; a man who sells a free man and consumes his price; and a man who hires a worker, makes use to him, then does not give him his wages.”

It was narrated from 'Abdullah bin 'Umar that the Messenger of Allah (ﷺ) said

“Give the worker his wages before his sweat dries.”

Chapter 6: A Man Who Draws A Bucket Of Water In Return For A Date And Stipulates That They Must Be G

It was narrated that Ibn 'Abbas said

“The Prophet (ﷺ) was in need of food, and news of that reached 'Ali. He went out seeking work so that he could earn something to give to the Messenger of Allah (ﷺ). He came to a garden belonging to a Jewish man, and he drew seventeen buckets of water for him, each bucket for a date. The Jew gave him the option to take seventeen of his 'Ajwah dates (a high quality of dates) and he brought them to the Prophet of Allah (ﷺ).”

Chapter 7: Lending Land In Return For One Third Or One Quarter (Of The Crop)

It was narrated that Rafi 'bin Khadji said

“The Messenger of Allah (ﷺ) forbade Muhaqalah and Muzabanah, and said: 'Only three may cultivate: A man who has land which he cultivates a man who was given some land and cultivates what he was given; and a man who takes land on lease for gold or silver.' ”

'Ata' said

“I heard Jabir bin 'Abdullah say: Some men among us had extra land which they would rent out for one third or one quarter (of the crop). The Prophet (ﷺ) said: “Whoever has extra land, let him cultivate it (himself) or let him give it to his brother (for free, to cultivate it), and if he does not want to do that, let him keep his land.”

Chapter 8: Leasing Out Land

It was narrated from Ibn 'Umar that

he used to lease out some land that belonged to him, for cultivation. Then someone came to him and told him that Rafi' bin Khadij said that the Messenger of Allah (ﷺ) had forbidden leasing out land for cultivation. Ibn 'Umar went, and I went with him, until he met him in Balat, and asked him about that, and he told him that the Messenger of Allah (ﷺ) had forbidden leasing out land for cultivation. So 'Abdullah stopped lessening out land.

It was narrated from Abu Sufyan, the freed slave of Ibn Abu Ahmad, that he told him that he heard Abu Sa'eed Al-Khudri say

“The Messenger of Allah (ﷺ) forbade Muhaqlah.” (Sahih)Muhaqlah means leasing out land

Chapter 9: Concession Allowing Leasing Out Barren Land For Gold And Silver

It was narrated from Ibn 'Abbas that the Messenger of Allah (ﷺ) said

“If one of you were to lend his brother his land, it would be better for him than taking such and such rent for it.”

Chapter 10: Kinds Of Cultivation That Are Disliked

Rafi'bin Khadi'j narrated that his paternal uncle Zuhair said

“The Messenger of Allah (ﷺ) forbade us from doing something that was convenient for us.” I said: “What the Messenger of Allah (ﷺ) said is true.” He said that the Messenger of Allah (ﷺ) said: “What do you with your farms?” We said: “We rent them out for one third or one quarter of their yield, and a certain amount of wheat and barley.” He said: “Do not do that; cultivate them or let others cultivate them.”

Chapter 11: Concession Allowing Cultivation for One Third And One Quarter (Of The Crop)

It was narrated that 'Amr bin Dinar said

I said to Tawus:“O Abu 'Abdur-Rahman, why do you not give up this Mukhabarah because they claim that the Messenger of Allah (ﷺ) forbade it.” He said: “O 'Amr, I help them by taking their land and cultivating it, and giving them something in return, and Mu`adh bin Jabal allowed people here to do that. The most knowledgeable of them - meaning Ibn`Abbas - told me that the Messenger of Allah (ﷺ) did not forbid it, rather he said: 'For one you to give (land) to his brother is better than if he were to take a set amount in rent for it.'”

It was narrated from Tawus that

Mu`adh bin Jabl leased some land during the time of the Messenger of Allah (ﷺ), Abu Bakr, 'Umar and 'Uthmah, in return for one third or one fourth (of the yield), and he was still doing that until this day of yours.

It was narrated from Tawus that Ibn`Abbas told that the Messenger of Allah (ﷺ) merely said

“For one of you to give (land) to his brother is better for him than if he were to take a set amount in rent for it.”

Chapter 14: Dealing with People Who Have Date-Palm Trees And Grape Vines

It was narrated that Anas bin Malik said

“When the Messenger of Allah (ﷺ) gave Khaibar to its people in return of its palm trees and land.

Chapter 15: Pollinating Palm Trees

It was narrated from 'Aisha that the Prophet (ﷺ) heard some sounds and said

“What is this noise?” They said: “Palm trees that are being pollinated.” He said: “If they did not do that it would be better.” So they did not pollinate them that year, and the dates did not mature properly. they mentioned that to the Prophet (ﷺ) and he said: “If it is one of the matters of your religion, then refer to me.”

Chapter 16: The Muslims Are Partners In Three Things

It was narrated that 'Aishah said

“O Messenger of Allah (ﷺ), what are the things which are not permissible to withhold?” He said: “Water, salt and fire.” She said: “I said: 'O Messenger of Allah (ﷺ), we know what water is, but what about salt and fire?” He said: “O Humaira', whoever gives fire (to another), it is as if he has given in charity all the food that is cooked on that fire. And whoever gives salt, it is as if he has given in charity all that the salt makes good. And whoever gives a Muslim water to drink when water is available, it is as if he freed a slave; and whoever gives a Muslim water to drink when there is no water available, it is as if he brought him back to life.”

Chapter 19: The Prohibition Of Withholding Surplus Water From Common Pastureland

It was narrated from Aishah that the Messenger of Allah (ﷺ) said

“Surplus water should not be withheld, and neither should surplus water from a well.

Chapter 20: Irrigation From Rivers And How Much Water May Be Retained

It was narrated from 'Abdullah bin Zubair that

a man from among the Ansar had a dispute with Zubair in the presence of the Messenger of Allah (ﷺ) concerning the streams of the Harrah with which he irrigated his palm trees. The Ansari said: “Let the water flow,” but he refused. So they referred their dispute to the Messenger of Allah (ﷺ). The Messenger of Allah (ﷺ) said: “Irrigate (your trees) O Zubair, then let the water flow to your neighbor.” The Ansari became angry and said: “O Messenger of Allah (ﷺ), is it because he is your cousin (son of your paternal aunt)?” The expression of the Messenger of Allah (ﷺ) changed, then he said: “O Zubair, irrigate (your trees) then retain the water until it reaches the walls.” Zubair said: “I think this Verse was revealed concerning that: “But no, by your Lord, they make you (O Muhammad) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission [1].'” (Sahih) [1] An-Nisa 4.65

It was narrated that Tha'labah bin Abu Malik said

“The Messenger of Allah (ﷺ) ruled concerning the stream of Mahzur that the higher ground took precedence over the lower, so the higher ground should be irrigated until the water reached the ankles, then it should be released to those who were lower.

Chapter 21: Distribution Of Water

It was narrated from Kathir bin 'Abdullah bin 'Amr bin 'Awf Al-Muzani, from his father, that his grandfather said

“The Messenger of Allah (ﷺ) said: 'Start with the horses on the day that you bring (the animals to drink).' ”