The Book of Transactions

كتاب البيوع

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

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

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

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) 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 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 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 (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.

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 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.

Ibn 'Umar (Allah be pleased with them) reported

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

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).

Salim b. Abdullah reported that AbduUah b. Umar (Allah be pleased with them) used to give land on rent until (this news) reached him that Rafi b. Khadij Ansari used to forbid the renting of land. Abdullah met him and said

Ibn Khadij, what is this that you narrate from Allah's Messenger (ﷺ) pertaining to renting of land? Rafi b. Khadij said to Abdullah: I heard it from two uncles of mine and they had participated in the Battle of Badr who narrated to the members of the family that Allah's Messenger (ﷺ) forbade the renting of land. Abdullah said: I knew it that the land was rented during the lifetime of Allah's Messenger (ﷺ). Abdullah then apprehended that Allah's Messenger (ﷺ) might have said something new in this connection (in regard to prohibition of renting) which I failed to know. So he abandoned the renting of land.

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

Rafi (Allah be pleased with him) reported that Zuhair b. Rafi (who was his uncle) came to me and said

Allah's Messenger (ﷺ) forbade a practice which was useful for us. I said: What is this? (I believe) that whatrver Allah's Messenger (ﷺ) says is absolutely true. He (Zuhair) said that he (the Holy Prophet) asked me: What do you do with your cultivable lands? I said: Allah's Messenger, we rent those irrigated by canals for dry dates or barley. He said: Don't do that. Cultivate them or let them be cultivated (by others) or retain them yourself.