The Book of Transactions

كتاب البيوع

Chapter 15: One who sells date palms on which there are dates

Ibn Umar (Allah be pleased with them) reported Allah's Messenger (ﷺ) as saying

If anyone buys palm-trees after they have been fecundated the fruit belongs to the seller unless the buyer makes a proviso.

Nafi reported on the authority of Ibn Umar (Allah be pleased with them) that the Messenger of Allah (ﷺ) said

Whichever tree is bought with its roots, and if it is fecundatedits fruit would belong to one who has grafted it except when the provision is laid down by the buyer.

Ibn Umar (Allah be pleased with them) reported Allah's Apostle (ﷺ) as saying

Whosoever grafts the tree and then sells its roots, its fruit will belong to one who grafts it except when provision is laid down by the buyer.

This hadith has been narrated on the authority of Nafi, with the same chain of transmitters.

Abdullah b. Umar (Allah be pleased with them) reported Allah's Massenger (ﷺ) as saying

He who buys a tree after it has been fecundated, its fruit belongs to one who sells it except when the provision has been laid down by the buyer (that it will belong to him), and he who buys a slave, his property belongs to one who sells him except when a provision has been laid down by the buyer (that it will be transferred to him with the slave).

A hadith like this has been narrated on the authority of al Zuhri.

Ibn Umar reported on the authority of his father as Allah's Apostle (ﷺ) saying so.

Chapter 16: The prohibition of Muhaqalah and Muzabanah and Mukhabarah: and selling produce before its goodness appears, and Mu'awamah: which is selling years in advance

Jabir b. Abdullah (Allah be pleased with them) reported that Allah's Messenger (ﷺ) had forbidden Muhaqala. and Muzabana, Mukhibara and the sale of fruits until their good condition becomes clear, and (he commanded) that (commodities) should not be sold but for the dinar and dirham except in case of araya.

Jabir b. 'Abdullah (Allah be pleased with them) reported that Allah's Messenger (ﷺ) forbade the types of sales as described before.

Jabir b. 'Abdullah (Allah be pleased with them) reported that Allah's Messenger (ﷺ) forbade Mukhabara and Muhaqala, and Muzabana, and the sale of the fruit until it is fit for eating, and its sale but with dirham and dinar. Exception is made in case of 'araya. Ata' said

Jabir explained (these terms) for us. As for Mukhabara it is this that a wasteland is given by a person to another and he makes an investment in it and then gets a share in the produce. According to him (Jabir), Muzabana is the sell of fresh dates on the tree for dry dates with a measure, and Muhaqala in agriculture implies that one should sell the standing crop for grains with a measure.

Jabir b. Abdullah (Allah be pleased with them) reported Allah's Messenger (ﷺ) forbidding Muhaqala, and Muzabana, and Mukhabara, and the buying of date-palm until its fruit is ripened (ripening means that its colour becomes red or yellow, or it is fit for being eaten). And Muhaqala implies that crops in the field are bought for grains according to a customary measure. Muzabana implies that date-palm should be sold for dry dates by measuring them with wisqs, and al-Mukhabara is (a share), maybe one-third or one-fourth (in produce) or something like it. Zaid (one of the narrators) said to Ata' b. Abu Rabah (the other narrator)

Did You bear Jabir b. Abdullah (Allah be pleased with them) making a mention of it that he had heard it directly from Allah's Messenger (ﷺ)? He said: Yes.

Jabir b. Abdullah (Allah be pleased with them) reported Allah's Messenger (ﷺ) forbidding Muzabana and Muhaqala, and Mukhabara, and the sale of fruits until they are ripe. I (the narrator) said to Sa'id (the other narrator)

What does ripening imply? He said: It meant that they become red or become yellow and are fit for eating.

Jabir b. Abdullah (Allah be pleased with them) reported Allah's Messenger (ﷺ) forbidding Muhaqala and Muzabana and Mu'awama and Mukhabara. (One of the narrators) 'said

Sale years ahead is Mu'awama, and making exceptional but he made an exemption of araya.

A hadith like this has been narrated on the authority of Jabir (Allah be pleased with him) from Allah's Apostle (ﷺ). but he made no mention of transactions years (ahead) implying Mu'awama.

Jabir b. Abdullah (Allah be pleased with them) reported that Allah's Messenger (ﷺ) forbade leasing of land, and selling ahead for years and selling of fruits before they become ripe.

Chapter 17: Kira (leasing Land)

Jabir b. Abdullah (Allah be pleased with them) reported Allah's Messenger (ﷺ) having forbidden the renting of land.

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

He who has land should cultivate it himself, but if he does not cultivate it himself, then he should let his brother cultivate it.

Jabir b. Abdullah (Allah be pleased with them) reported some of the Companions of Allah's Messenger (ﷺ) had surplus of land. Thereupon Allah's Messenger (ﷺ) said

He, who has surplus land (in his possession) should cultivate it, or he should lend it to his brother for benefit, but if he refuses to accept it, he should retain it.

Jabir b. Abdullah (Allah be pleased with them) reported Allah's Messenger (ﷺ) having forbidden taking of rent or share of land.

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

He who has land should cultivate it, but if he does not find it possible to cultivate it, or finds himself helpless to do so, he should lend it to his Muslim brother, but he should not accept rent from him.