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.

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.

'Abdullah b. Umar (Allah be pleased with them) reported that when Khaibar had been conquered, the Jews asked Allah's Messenger (ﷺ) to let them continue (cultivation in those lands) on half of the share of yield in fruits and crop, whereupon Allah's Messenger (ﷺ) said

I will allow you to continue here, so long as we would desire. The rest of the hadith is the same, but with this addition:" The fruit would be distributed equal to the half of Khaibar. And out of hall of the produce of the land, Allah's Apostle (may peace be be upon him) got the fifth part."

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).

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 Allah's Messenger (ﷺ) as saying

Never does a Muslim plants a tree except that he has the reward of charity for him, for what is eaten out of that is charity; what is stolen out of that, what the beasts eat out of that, what the birds eat out of that is charity for him. (In short) none incurs a loss to him but it becomes a charity on his part.

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

I heard Allah's Messenger (ﷺ) saying: Never does a Muslim plant, or cultivate, but has reward for him for what the beasts eat, or the birds eat or anything else eats out of that.

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).

Anas reported Allah's Messenger (ﷺ) as saying Never does a Muslim plant trees or cultivate land and birds or a man or a beast eat out of them but that is a charity on his behalf.

Anas b. Malik (Allah be pleased with him) reported that Allah's Apostle (ﷺ) visited the date-palms of Umm Mubashshir (Allah be pleased with her), a lady from the Ansar, and said

Who planted this palm-a Muslim or an unbelievers The rest of the hadith is the same.

Chapter 3: Waiving Payment in the case of Blight

Jabir b. Abdullah (Allah be pleased with them) reported Allah's Messenger (ﷺ) saying

If You sell fruits to your brother (and Jabir b. Ahduthh reported through another chain of narrators: If you were to sell fruits to your brother) and these is a stricken with Calamity, it is not permissible for you to get anything from him. Why do you get the wealth of your brother, without jutification?

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

Anas (Allah be pleased with him) reported that Allah's Apostle (ﷺ) forbade the sale of the fruit of date-palms until it becomes mellow. We (some of the other narrators in the chain of transmitters) said

What does the word" mellow" mean? He said: (There the fruit) turns red or yellow. Don't you see if Allah had checked (the growth of) fruits; then what for the wealth of your brother would be permissible for you?

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?

Jabir (Allah be pleased with him) reported that Allah's Apostle (ﷺ) commanded to make deductions in the payment of that stricken with a Calamity.