The Book of Musaqah

كتاب المساقاة

Chapter 1: Musaqah And Mu'amalah in return for a share of the fruit and crops

Ibn Umar (Allah be pleased with them) reported that Allah's Messenger (ﷺ) contracted with the people of Khaibar the (trees) on the condition that he would have half the produce in fruits and harvest.

Abdullah b. Umar (Allah be pleased with them) reported that Allah's Messenger (ﷺ) returned to the Jews of Khaibar the date-palms of Khaibar and its land on the condition that they should work upon them with their own wealth (seeds, implements), and give half of the yield to Allah's Messenger (ﷺ).

Chapter 3: Waiving Payment in the case of Blight

A hadith like this has been narrated on the authority of Juraij with the same chain of transmitters.

Anas b. Malik (Allah be pleased with him) reported that Allah's Messenger (ﷺ) forbade the sale of fruits until these are mellow. They (the companions of Anas) said

What is meant by" mellow"? He said: It implies that these became red. He said: When Allah hinders the growth of fruits, (then) what for the wealth of your brother would become permissible for you?

Anas (Allah be pleased with him) reported Allah's Apostle (ﷺ) as saying

If Allah does not fructify them, then what is permissible for one of you to take the wealth of his brother?

Chapter 4: It is recommended to waive debts

This hadith has been narrated on the authority of Bukair b. al-Ashajj with the same chain of transmitters.

The above hadith is narrated through another chain with a slight variation of words at the begining and the rest is of the hadith is the same.

Ka'b b. Malik reported that he made a demand for the payment of the debt that Ibn Abu Hadrad owed to him. This hadith is narrated through another chain of transmitters and (the words are)

" He had to get the loan from Abdullah b. Hadrad al-Aslami. He met him and pressed him for payment. There was an altercation between them, until their voices became loud. There happened to pass by them Allah's Messenger (ﷺ) and he said: O Ka'b, and pointed out with his hand in such a way as he meant half. So he got half of what he (Ibn Abu Hadrad) owed to him and remitted the half."

Chapter 5: If a man finds what he sold with the purchaser, who has become bankrupt, then he has the right to take it back

Abu Huraira (Allah be pleased with him) reported Allah's Messenger (ﷺ) as saying

He who found his property intact with a person (who bought it but who later on) became insolvent (or a person who became insolvent), he (the seller) is entitled to get it more than anyone else. '

Abu Huraira (Allah be pleased with him) reported Allah's Apostle (ﷺ) saying about a person who becomes insolvent and (the thing bought by him) is found intact with him, that belongs to one who sold it.

Chapter 6: The virute of giving more time to one who is suffering difficulty, and letting those go who are suffering difficulty and those who are well off

Hudhaifa (Allah be pleased with him) reported Allah's Apostle (ﷺ) as saying

A person died and he entered Paradise. It was said to him What (act) did you do? (Either he recalled it himself or he was made to recall), he said I used to enter into transactions with people and I gave respite to the insolvent and did not show any strictness in case of accepting a coin or demanding cash payment. (For these acts of his) he was granted pardon. Abu Mas'ud said: I heard this from Allah's Messenger (ﷺ).

Chapter 1: Musaqah And Mu'amalah in return for a share of the fruit and crops

Ibn Umar (Allah be pleased with them) reported

Allah's Messenger (ﷺ) handed over the land of Khaibar (on the condition) of the share of produce of fruits and harvest, and he also gave to his wives every year one hundred wasqs: eighty wasqs of dates and twenty wasqs of barley. When 'Umar became the caliph he distributed the (lands and trees) of Khaibar, and gave option to the wives of Allah's Apostle (ﷺ) to earmark for themselves the land and water or stick to the wasqs (that they got) every year. They differed in this matter. Some of them opted for land and water, and some of them opted for wasqs every year. 'A'isha and Hafsa were among those who opted for land and water.

Abdullah b. Umar (Allah be pleased with them) reported that Allah's Messenger (ﷺ) contracted with the people of Khaibar (land and trees on the condition that they should give) half of the yield from land and trees. The rest of the hadith is the same. In the hadith transmitted on the authority of AIi b. Mushir there is no mention of it, but that A'isha and Hafsa were those who opted for land and water, but he (the narrator) said

He (Hadrat 'Umar, gave option to the wives of Allah's Apostle (ﷺ) that land would be earmarked for them, but he made no mention of water.

Ibn Umar reported that 'Umar b. al-Khattab (Allah be pleased with him) expelled the Jews and Christians from the land of Hijaz, and that when Allah's Messenger (ﷺ) conquered Khaibar he made up his mind to expel the Jews from it (the territory of Khaibar) because, when that land was conquered, it came under the sway of Allah, that of His Messenger (ﷺ) and that of the Muslims. The jews asked Allah's Messenger (ﷺ) to let them continue there on the condition that they would work on it, and would get in turn half of the fruit (of the trees), whereupon Allah's Messenger (ﷺ) said

We would let you continue there so long as we will desire. So they continued (to cultivate the lands) till 'Umar externed them to Taima' ang Ariha (two villages in Arabia, but out of Hijaz).

Chapter 2: The Virtue of Planting and Cultivating

Jabir (Allah be pleased with him) reported that Allah's Apostle (ﷺ) visited Umm Mubashshir al-Ansariya at her orchard of date-palms and said to her

Who has planted these trees of dates-a Muslim or a non-Musim? She said: A Muslim, of course, whereupon he said: Never a Muslim plants, or cultivates a land, and it out of that men eat, or the animals eat, or anything else eats, but that becomes charity on his (planter's) behalf.

Jabir b. Abdullah (Allah be pleased with them) reported

Allah's Apostle (ﷺ) visited the orchard of Umm Ma'sud and said: Umm Ma'bad. he who has planted this tree, is he a Muslim or a non-Muslim? She said: Of course, he is a Muslim, whereupon he (the Holy Prophet) said: No Muslim who plants (trees) and from their fruits the human beings or the beasts or birds eat, but that would be taken as an act of charity on the Day of Resurrection.

This hadith is transmitted on the authority of Abu Muawiya (but With a slight change of words).

Chapter 4: It is recommended to waive debts

Abdullah b. Ka'ab b. Malik reported from his father that he pressed in the mosque Ibn Abu Hadrad for the payment of the debt that he owed to him during the lifetime of Allah's Messenger (ﷺ). (In this altercation) their voices became loud, until Allah's Messenger (ﷺ) heard them, while he was in the house, so Allah's Messenger (ﷺ) came out towards them, and he lifted the curtain of his apartment and he called upon Ka'b b. Malik and said

O Ka'b. He said: At thy beck and call, Allah's Messenger. He pointed out with the help of his hand to remit half of the loan due to him. Ka'b said: Allah's Messenger, I am ready to do that, whereupon Allah's Messenger (ﷺ) said (to Ibn Abu Hadrad): Stand up and make him the payment (of the rest).

Chapter 5: If a man finds what he sold with the purchaser, who has become bankrupt, then he has the right to take it back

Abu Huraira (Allah be pleased with him) reported Allah's Apostle (ﷺ) as saying

When a man becomes insolvent (and the other) man (the seller) finds his commodity intact with him, he is more entitled to get it (than anyone else)

This hadith has been narrated on the authority of Qatada with the same chain of transmitters (but with a change of these words)

" He is more entitled to get it than any other creditor."