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

It was narrated that Jabir said

"Some people had some extra land which they leased out in return for half of the yield, or one-third, or one-quarter. The Messenger of Allah said: 'Whoever has land, let him cultivate it, or give it to his brother to cultivate or keep it (without cultivating it).'"

It was narrated that Jabir bin 'Abdullah said

"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.'"

It was narrated from Jabir who attributed it to the Prophet

"That he forbade leasing out land."

It was narrated from Jabir that the Prophet forbade Al-Mukhabarah, Al-Muzabanah and Al-Muhaqalah, and selling fruit until it is fit to eat (ripe enough), except in the case of Al-'Araya.

It was narrated from Jabir that the Prophet forbade Al-Muhaqalah, Al-Muzabanah, Al-Mukhabarah and exceptions when selling, unless they were well-defined.

Jabir narrated that the Messenger of Allah said

"Whoever has land, let him cultivate it or give it to his brother to cultivate, and not lease it to his brother."

It was narrated from Jabir bin 'Abdullah

"The Prophet forbade Al-Haql and it is Al-Muzabanah."

It was narrated from Jabir bin 'Abdullah that the Prophet forbade Al-Muzabanah and Al-Mukhadarah. He (one of the narrators) said

"Al-Mukhadarah means selling fruit before it ripens and Al-Mukhabarah means selling grapes in return for a certain number of Sa's."

It was narrated that Abu Hurairah said

"The Messenger of Allah forbade Al-Muhaqalah and Al-Muzabanah."

It was narrated that Abu Sa'eed Al-Khudri said

"The Messenger of Allah forbade Al-Muhaqalah and Al-Muzabanah."

It was narrated from Rafi' bin Khadij that the Messenger of Allah forbade Al-Muhaqalah and Al-Muzabanah.

It was narrated from 'Uthman bin Murrah who said

"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.

It was narrated that Abu Ja'far Al-Khatmi - whose name was 'Umair bin Yazid - said

"My paternal uncle sent me with a slave of his, to Sa'eed bin Al-Musayyab to ask him about Al-Muzara'ah. He said: 'Ibn 'Umar did not see anything wrong with it, until he heard the Hadith from Rafi' bin Khadij. Then he met him, and Rafi' said: "The Prophet came to Banu Harithah and saw some crops. He said: 'How good are the crops of Zubair.' They said: 'It is not Zubair's.' He said: 'Is the land not Zubair's?' They said: 'No (it is not his), rather he is leasing it.' The Messenger of Allah said: 'Take your crops and give him what he spent.' So we took our crops, and gave him what he had spent."

It was narrated that Rafi' bin Khadij said

"The Messenger of Allah forbade Al-Muhaqalah and Al-Muzabanah, and said: 'Only three may cultivate: A man who has land which he cultivates; a man who was given some land and cultivates what he was given; and a man who takes land on lease for gold or silver.'"

It was narrated that Sa'eed said

"The Messenger of Allah forbade Al-Muhaqalah." Sa'eed said: "And he narrated something similar." And Sufyan Ath-Thawri reported it from Tariq.

It was narrated that Tariq said

"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.

It was narrated that Sa'd bin Abi Waqqas said

"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.'"

It was narrated that Rafi' bin Khadij said

"At the time of the Messenger of Allah we used to lease land on the basis of Al-Muhaqalah, so we would lease it in return for one-third or one-quarter of the yield, or a specified amount of food (produce). One day, a man among my paternal uncles came 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 for us. He has forbidden us to lease land on the basis of Al-Muhaqalah and to lease it in return for one-third or one-quarter of the yield, and for a specified amount of food (produce). And he commanded the landowner to cultivate it (himself) or to give it to someone else to cultivate. He did not like leasing it or anything else.'"