The Book of Transactions

كتاب البيوع

Chapter 18: Leasing out Land (Kira) in return for food

This hadith has been narrated on the authority of Rafi' b. Khadij with the same chain of transmitters, but in it no mention is made of some of his uncles.

This hadith has been transmitted on the authority of Rafi from the Prophet (ﷺ) about this, but he did not make mention of his uncle Zuhair.

Chapter 19: Leasing out Land (Kira) for gold and silver

Hanzala b. Qais al-Ansri reported

I asked Rafi' b. Khadij about the renting of land for gold and silver, whereupon he said: There is no harm in it for the people let out land situated near canals and at the ends of the streamlets or portion of fields. (But it so happened) that at times this was destroyed and that was saved. whereas (on other occasions) this portion was saved and the other was destroyed and thus no rent was payable to the people (who let out lands) but for this one (which was saved). It was due to this that he (the Holy Prophet) prohibited it. But if there is something definite and reliable (e. g. money). there is no harm in it.

Chapter 21: Lending Land

Tawus reported that he let out his land on rent, whereupon Amr said

I said to him: Abu Abd al-Rahrman, I wish if you abandon this renting of land, for they alleged that Allah's Apostle (ﷺ) forbade Mukhabara. He siad: Amr, one who has informed me has the best knowledge of it among them (he meant Ibn Abbas). (He said) that Allah's Apostle (ﷺ) did not prohibit it altogether, but said: Lending of land by one among you to his brother is better for him than getting a specified amount of produce from it.

Chapter 14: The prohibition of selling fresh dates in exchange for dry dates except in the case of 'Araya

Sahl b. Abu Hathma reported Allah's Messenger (ﷺ) having forbidden Muzabana, i. e. exchange of fresh dates with dry dates. except in case of those to whom donations of some trees have been made. It is for them that concession has been given.

Abu Huraira (Allah be pleased with him) reported Allah's Messenger (ﷺ) having given exemption of 'ariyya transactions measuring less than five wasqs or up to five wasqs (the narrator Dawud is in doubt whether it was five or less than five).

'Abdullah (b. Umar) reported that Allah's Apostle (ﷺ) forbade Muzabana, i. e. buying of fresh dates (on) the trees for dry dates by measure, and the buying of grapes for raisins by measure and the selling of field of corn for corn by measure.

A hadith like this has been transmitted on the authority of Ayyub.

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.

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.

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 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.

Chapter 17: Kira (leasing Land)

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 Apostle (ﷺ) having forbidden Mukhabara.

Jabir b. 'Abdullah reported

We used to cultivate land on rent during the lifetime of Allah's Apostle (ﷺ) and we got a share out of the grain left in the ears after threshing them and something unspecified. Allah's Messenger (ﷺ) said: He who has land should cultivate it or let his brother till it, otherwise he should leave it.

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

We used to get land (on rent) during the lifetime of Allah's Messeuge, (ﷺ) with a share of one-third or one-fourth (of the produce from the land irrigated) with the help of canals. Thereupon Allah's Messenger (ﷺ) stood up (to address) and said: HRe who has land should cultivate it, and if he does not cultivate it, he should lend it to his brother, and if he does not lend it to his brother, he should then retain it.

This hadith has been narrated on the authority of A'mash with the same chain of transmitters, but with a slight change of words.

Nafi reported that Ibn Umar (Allah be pleased with them) rented his land during the lifetime of Allah's Messenger (ﷺ) and during the caliphate of Abu Bakr and that of Umar and that of Uthman (Allah be pleased with them) and during the early period of Muawiya's caliphate until at the end of Muawiya's reign, it reached him (Ibn 'Umar) that Rafi b. Khadij (Allah be pleased with him) narratted (a hadith) in which (there was a decree) of prohibition by Allah's Apostle (ﷺ). He (Ibn 'Umar) went to him (Rafi b. Khadij) and I was with him and he asked him, whereupon he said

Allah's Messenger (ﷺ) used to forbid the renting of land. So Ibn Umar (Allah be pleased with them) abandoned it, and subsequently whenever he was asked about it, he said: Rafi b. Khadij (Allah be pleased with him) alleged that Allah's Messenger (ﷺ) forbade it.

Nafi reported

I went to Rafi b. Khadij in the company of Ibn 'Umar (All be pleased with them) until he (Ibn 'Umar) came to him at Balat (a place near Prophet's Mosque at Medina) and he (Rafi b. Khadij) informed him that Allah's Messenger (ﷺ) had forbidden the renting of land.

Chapter 19: Leasing out Land (Kira) for gold and silver

Hanzala b. Qais reported that he asked Rafi b. Khadij (Allah be pleased with him) about renting of land, whereupon he said

Allah's Messenger (ﷺ) forbade the renting of land. I said: Is it forbidden (even if it is paid) in gold (dinar) and silver (dirham)? Thereupon he said: If it is paid in gold and silver, there is no harm in it.

This hadith has been narrated on the authority of Yahya b. Sa'id with the same chain of transmitters.