The Chapters on Pawning

كتاب الرهون

Chapter 8: Leasing 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 he heard that people were leasing out land more. He said

“Subhan-Allah, the Messenger of Allah (ﷺ) said: 'Why does not one of you lend it to his brother?' But he did not forbid leasing it out.' ”

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.”

It was narrated that Hazalah bin Qais said

“I asked Rafi' bin Khadij and he said: 'We used to lease out land on the basis that you would have what is produced by this piece of land, and I would have what is produced by this (other) piece of land, and we were forbidden to lease it out on the basis of crop-sharing but he did not forbid us to rent out land for silver.”

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.”

It was narrated from Usaid bin Zuhair, the paternal nephew of Rafi' bin Khdij, that Rafi' bin Khadij said

“If one of us did not need his land, he would give it (to someone else to cultivate) in return for one third, or one half of the yield , and he would stipulate (that the should receive) the produce grows on the banks of three streams, and the grains that remain in the ear after threshing, and the produce irrigated by a stream. Life at that time was hard, and he would work (the land) with iron and whatever Allah (SWT) willed, and he would benefit from it. Then Rafi bin Khadij came to us and said: ‘The Messenger of Allah (ﷺ) forbade you to do something that may seem beneficial to you, but obedience to Allah and obedience to His Messenger are more beneficial for you. The Messenger of Allah (ﷺ) forbade Haq for you, and he said: “Whoever has no need of his land, let him give it to his brother (to cultivate) or let him leave it (uncultivated).”

Zaid bin Thabit said

“May Allah (SWT) forgive Rafi' bin Khadij. By Allah (SWT)! I have more knowledge of Ahadith than he does. Two men who had quarreled came to the Prophet (ﷺ) and he said: 'If this is your situation, do not lease farms,' and what Rafi' bin khadij heard was 'Do not lease farms.' ”

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 12: Renting Out Land In Return For Food

It was narrated that Rafi` bin khadij said

We used to give land in return for food at the time of the Messenger of Allah (ﷺ), and some of my paternal uncles came to them and said: “The Messenger of Allah (ﷺ) said: 'Whoever has land, he should not rent it out for a set amount of food.”

Chapter 13: Whoever Cultivates People`s Land Without Their Permission

It was narrated that Rafi` bin Khadij said

“The Messenger of Allah (ﷺ) said: 'Whoever cultivates people`s land without their permission, he has no right to any produce, but he should be recompensed for his expenditure.' ”

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

It was narrated from Ibn `Umar that

the Messenger of Allah (ﷺ) entered into a contract with the people of Khaibar for one half of the fruits or crops yielded.

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.

It was narrated that Anas bin Malik said

“When the Messenger of Allah (ﷺ) conquered Khaibar, he gave it (to its people) in return for half (of its yield).”

Chapter 15: Pollinating Palm Trees

It was narrated from Simak that the heard Musa bin Talhah bin `Ubaidullah narrating that his father said

“I passed by some palm trees with the Messenger of Allah (ﷺ) and he saw some people pollinating the trees. He said: 'What are these people doing?' They said: 'They are taking something from the male part (of the plant) and putting it in the female part.' He said: 'I do not think that this will do any good.' News of that reached them, so they stopped doing it, and their yield declined. News of that reached the Prophet (ﷺ) and he said: 'That was only my thought. If it will do any good, then do it. I am only a human being like you, and what I think may be right or wrong. But When I tell you: “Allah (SWT) says,” I will never tell lies about Allah (SWT).' ”

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

“The Muslims are partners in three things: water, pasture and fire, and their price is unlawful.”

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

“Three things cannot be denied to anyone: water, pasture and fire.”

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.”