The Book of Agriculture
كتاب المزارعة
Chapter 2: Mentioning The Differing Hadiths Regarding The Prohibition Of Leasing Out Land In Return For One Third, Or One Quarter Of The Harvest And The Different Wordings Reported By The Narrators
"Whoever has land, let him cultivate it. If he is unable to cultivate it, let him give it to his Muslim brother and not share-crop it with him."
"That he forbade leasing out land."
"The Messenger of Allah forbade Al-Muhaqalah and Al-Muzabanah."
"The Messenger of Allah forbade Al-Muhaqalah and Al-Muzabanah."
"I asked Al-Qasim about Al-Muzara'ah, so he narrated from Rafi' bin Khadij that the Messenger of Allah forbade Al-Muhaqalah and Al-Muzabanah."
Rafi' bin Khadij said that the Messenger of Allah forbade leasing land.
"The Messenger of Allah forbade Al-Muhaqalah." Sa'eed said: "And he narrated something similar." And Sufyan Ath-Thawri reported it from Tariq.
"I heard Sa'eed bin Al-Musayyab say: 'Cultivating land is not allowed except in three cases: Land which one owns, land which is given to one, or land which one rents in return for gold and silver.'"
It was narrated from Sa'eed bin Al-Musayyab that the Messenger of Allah forbade Al-Muhaqalah and Al-Muzabanah.
"At the time of the Messenger of Allah landowners used to lease their arable land in return for whatever grew on the banks of the streams for irrigation. They came to the Messenger of Allah and referred a dispute concerning such matters to him, and the Messenger of Allah forbade them to lease land on such terms, and said: 'Lease it for gold or silver.'"
"Ya'la bin Al-Hakim wrote to me (saying): 'I heard Sulaiman bin Yasar narrating from Rafi' bin Khadij, who said: "We used to lease land on the basis of Al-Muhaqalah, leasing it in return for one-third or one-quarter of the yield, and a specified amount of food (produce)."'"
"We used to lease land on the basis of Al-Muhaqalah during the time of the Messenger of Allah." He said that one of his paternal uncles came to them and said: "The Messenger of Allah has forbidden me to do something that was beneficial for us, but obedience to Allah and His Messenger is more beneficial." We said: "What is that?" He said: "The Messenger of Allah said: 'Whoever has land, let him cultivate it (himself) or give it to his brother to cultivate, and not lease it in return for one-third or one-quarter of the yield nor a specified amount of food (produce).'"
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Chapter 1: The Third Of The Conditions, In It Is Sharecropping (Muzara'ah) And Contracting
It was narrated from Al-Hasan that he disliked to hire a man without telling him what his wages would be.
"I said to 'Ata': 'What if I hire a slave for a year in return for his food, and for another year, in return for such and such?' He said: 'There is nothing wrong with that, and you may stipulate your conditions of hiring even for a few days.' 'How about if I make a deal to hire him when part of the year has passed?' He said: 'Do not hold me to account for what has passed.'"
Chapter 2: Mentioning The Differing Hadiths Regarding The Prohibition Of Leasing Out Land In Return For One Third, Or One Quarter Of The Harvest And The Different Wordings Reported By The Narrators
"Rafi' bin Khadij came to us and said: 'The Messenger of Allah has forbidden something that was beneficial for us, but obedience to the Messenger of Allah is better for you. He has forbidden Al-Haql (renting land in return for one-third or one-quarter of the produce) to you, and says: Whoever has land, let him give it (to someone else to cultivate it) or leave it. And he has forbidden Al-Muzabanah. Al-Muzabanah means when a man has a lot of date-palm trees and another man comes and takes it in return for a certain number of Wasqs of dried dates.'"
"Rafi' bin Khadij said: 'The Messenger of Allah forbade us to do something that was beneficial for us, (but we respect and obey the command of the Messenger of Allah). He forbade us to lease land in return for some of its produce."
"The Messenger of Allah came out to us and forbade something for us that had been beneficial for us, but the command of Messenger of Allah is better for us. He said: 'Whoever has land, let him cultivate it or leave it or give it (to someone else to cultivate).'"
The Messenger of Allah said: "Whoever has land, let him cultivate it or give it to his brother, and not lease it to him."
"The Messenger of Allah addressed us and said: 'Whoever has land, let him cultivate it or give it to someone else to cultivate, and let him not rent it out.'"