The Book of Transactions

كتاب البيوع

Chapter 17: Kira (leasing Land)

Sulaiman b. Musa asked Ata'

Did Jabir b. 'Abdullah (Allah be pleased with them) reported Allah's Apostle (ﷺ) as saying:" He who has land should cultivate it himself, or let his brother cultivate it, and should not give on rent"? He said: Yes.

Jabir (Allah be pleased with him) reported Allah's Apostle (ﷺ) having forbidden Mukhabara.

Jabir b. Abdullah (Allah be pleased with them) heard Allah's Messenger (ﷺ) say

He who has surplus of land should either cultivate it himself, or let his brother cultivate it, an should not sell it. I (the narrator) said to Sa'id: What does his statement" do not sell it" mean? Does it imply" rent"? He said: Yes.

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.

Jabir (Allah he pleased with him) reported

I heard Allah's Apostle (ﷺ) as saying: He who has (surplus) land should donate it (to others), or lend 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.

Jabir b. `Abdullah (Allah be pleased with them) reportedthat Allah's Messenger (ﷺ) had forbidden renting of land. Bukair (one of the narrators) said

Nafi` reported to me that he heard Ibn `Umar (Allah be pleased with them) saying: We usedto give land on rent; we then abandoned this practice when we heard the hadith of Rafi` b. Khadij.

Jabir (Allah be pleased with him) reported Allah's Messenger (ﷺ) forbidding the selling (renting of) uncultivated land for two years or three.

Jabir (Allah be pleased with him) reported Allah's Apostle (ﷺ) forbidding selling of (produce) in advance for two years, and in the narmtion of Ibu Abd Shaiba (the words are)

" Selling of the fruits (on the tree) in advance for two years."

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

He who has land should cultivate it or lend it to his brother, but if he refuses, he should retain his land.

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

I heard Allah's Messenger (ﷺ) forbidding Muzabana, and Huqul. Jabir b. Abdullah (Allah be pleased with them) said: Muzabana means the selling of fruits for dry dates and Huqul is the renting of land.

Abu Huraira (Allah be pleased with him) reported Allah's Messenger (ﷺ) forbidding Muhaqala and Muzabana.

Abu Sa'id al-Khudri (Allah be pleased with him) reported Allah's Messenger (ﷺ) having forbidden Mazabana and Muhaqala. Muzibana means the buying of fruits on the trees and Muhaqala is the renting of land.

Zaid b. Amr reported

I heard Ibn Umar (Allah be pleased with them) say: We did not see any harm in renting of the land, but as the first year was over Rafi' alleged Allah's Apostle (ﷺ) having forbidden that.

This hadith has been narrated on the authority of Amr b. Dinar with the same chain of transmitters but (in) the hadith transmitted on the authority of 'Uyainah (the words are)

" We abandoned it (renting) on account of that."

Ibn 'Umar (Allah be pleased with them) reported

Rafi forbade us from benefitting from our land (in the form of rent).

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.

This hadith has been narrated on the authority of Ayyub and he made an addition in the hadith narrated by Ibn Ulayya in which he said

Ibn Umar abandoned it afterwards and he did not rent it (the land).

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.