The Book of Transactions

كتاب البيوع

Chapter 17: Kira (leasing Land)

Nafi, reported from Ibn Umar (Allah be pleated with them) that he came to Rafi and he narrated this hadith from Allah's Apostle (ﷺ).

Nafi, reported that Ibn Umar (Allah be pleased with them) used to rent the land, and that he was conveyed the hadith transmitted on the authority of Rafi b. Khadij. He (the narrator) said

He then went to him along with me. He (Rafi) narrated from some of his uncles in which it was mentioned that Allah's Apostle (ﷺ) forbade the renting of land. Ibn 'Umar (Allah be pleased with them) then abandoned this practice of renting.

This hadith has been narrated through another chain of transmitters.

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 b. Khadij (Allah be pleased with him) reported

We used to give on rent land during the lifetime of Allah's Messenger (ﷺ). We rented it on the share of one-third or one-fourth of the (produce) along with a definite quantity of corn. One day a person from among my uncles came to us and said: Allah's Messenger (ﷺ) forbade us this act which was a source of benefit to us, but the obedience to Allah and to His Messenger (ﷺ) is more beneficial to us. He forbade us that we should rent land with one-third or one-fourth of (the produce) and the corn of a measure, and he commanded the owner of land that he should cultivate it or let it be cultivated by other (persons) but he showed disapproval of renting it or anything besides it.

Rafi b. Khadij (Allah be pleased with him) reported

We used to give land on rent, and we rented it on one-third or one-fourth share. The rest of the hadith is the same.

Another chain narrated the same as the above hadith.

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.

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.

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 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.

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.

Hanzala reported that he heard Rafi' b. Khadij (Allah be pleased with him) say

We were the major agriculturists of the Ansar and so we let out land (saying): The produce of this (part of land) would be ours and (the produce) of that would be theirs. But it so happened that at times this (land) gave harvest, but the other one produced nothing. So he (the Holy Prophet) forbade this. But so far as the payment in silver (dirham, a coin) is concerned, he did not forbid.

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

Chapter 20: Muzura'ah (Sharecropping) and Mu'ajarah

Abdullah b. al Sa'ib reported

I asked Abdullah b. Ma'qil about Muzara'a (cultivating land on share basis in the produce). He said: Thabit b. Dahhak informed me that Allah's Messenger (ﷺ) forbade Muzara'a as Ibn Abu Shaiba forbade it with a slight change of words. He (the narrator) said: I asked Ibn Ma'qil but he did not name 'Abdullah.

Abdullah b. al-Sa'ib reported

We visited 'Abdullah b. Ma'qil and asked him about sharing of crops, whereupon he said: Thabit alleged that Allah's Messenger (ﷺ) forbade Muzara'a and commanded leasing it out on rent (for money) and said: There is no harm in it.

Chapter 21: Lending Land

Mujahid said to Tiwus

Come along with me to Ibn Rafi b. Khadij in order to listen from him the hadith transmitted on the authority of his father (pertaining to the renting of land) from Allah's Apostle (ﷺ). He (Tawus) scolded him and said: By Allah, it I were to know that Allah's Messenger (ﷺ) had forbidden it, I would have never done it. But it has been narrated to me by one who has better knowledge of it amongst them (and he meant Ibn 'Abbas) that Allah's Messenger (ﷺ) said: It is better if a person lends, his land to his brother (for cultivation) than that he gets recognised rent on it.

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.

A hadith like this has been transmitted on the authority of Ibn Abbas (Allah be pleased with them).

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

If one among you lets out land to his brother, that is better for him than if he receives such and such (the definite thing). Ibn 'Abbis (Allah be pleased with them) said: It is Haql, and in the parlance of the Ansr it is Muhaqala.