The Book of Agriculture

كتاب المزارعة

Chapter 3: Mentioning The Different Wordings With Regard To Sharecropping

It was narrated that Muhammad said

"I do not know that Shuraih ever ruled on Mudarabah disputes except in two ways. He would say to the Mudarib (the one who contributed his labor to the partnership): 'You must provide proof that a calamity befell you so that you may be excused.' Or he would say to the one who invested his money in the partnership: 'You must provide proof that your trustee betrayed his trust, otherwise his oath sworn by Allah that he did not betray you is sufficient.'"

It was narrated that Sa'eed bin Al-Musayyab said

"There is nothing wrong with renting uncultivated land for gold and silver."

Chapter 4: The 'Anan Partnership Between Three Persons

This is a partnership between so and so, and so and so, and so and so, who are in good health, and in full control of their wealth, having formed a partnership with thirty thousand Dirhams, non-counterfeit and weighing seven, each one of them contributing ten thousand Dirhams which they have put together and combined, so that thev are now held in common between them on the basis of three equal shares, on the condition that they will work on the basis of fear of Allah and of honesty, each one of them fulfilling the trust toward each of the others. They will all buy whatever they see fit with it, cash or credit, whatever they see fit of different goods. Each one of them may buy on his own without consulting his companions, whatever he sees fit to buy with cash, he may do so, and whatever he sees fit to buy on credit, he may do so. They may work together, or each may work independently of his partners as he sees fit. All of that is binding on them individually, and on the two others, with regard to decisions taken collectively, or individually. Whatever commitment any of them makes, whether small or great, it is binding on each of the other partners, and is binding on all of them. All bounty and profits that Allah bestows over the capital

amount, which is stated in this contract, is to be divided into three equal parts. Any loss is to be borne

by all three partners proportionate to their capital investment. Three identical copies of this document

have been made, and one given to each of the three partners.

Signed by so and so, so and so and so and so.

Chapter 5: A Proxy Partnership Between Four Persons According To Those Who Permit It

Allah says: 0 you who believe! Fulfill (your) obligations [Al-Ma'idah:1]. This is a partnership formed between so and so, so and so, so and so and so and so, based on capital which they have collected of one type, and currency, and have combined it, so that it is now mixed, and none of them can tell which is his money. The share and rights of each partner are equal, and they will use this money for trade, whether buying or selling, for cash, or on credit, in all transactions, making decisions collectively or

individually, each working independently of the others based on his own opinion, and what he sees fit. Whatever commitment or loan any one of the persons mentioned in this contract makes, then it is binding on each of his companions mentioned in this contract. All bounty and profits that Allah bestows over the capital amount, which is stated in this contract, is to be divided equally between all four. Any loss is to be borne equally by each of them. Each of the four persons mentioned in this contract appoints the others as his deputy (Wakil) who may demand every right, and debt, and deal with every dispute, concerning this contract, to dispute on behalf of the others with anyone who is disputing with them, or seek their dues. And each of them makes the others his executor (to act on his behalf after he dies), pay off his debts, and carry out the instructions in his will.

Signed by so and so, so and so, so and so and so and so.

Chapter 6: Labor Partnership (Abdan)

It was narrated that 'Abdullah said

"I formed a partnership with 'Ammar and Sa'd on the day of Badr. Sa'd brought two prisoners but 'Ammar and I did not bring anything."

It was narrated from Az-Zuhri concerning two slaves who were partners, and one of them quit, that he said

"One of them may cover for the other if they were partners."

Chapter 7: Partners Dissolving A Partnership

This is a contract drawn up by so and so, so and so, so and so and so and so, and signed by each one of them, and each of his companions mentioned alongside him in this contract, who are in good health, and in full control of their wealth. There has taken place among us, dealing and trading, buying and

selling, sharing of wealth and different types of dealing, loans, trusts, partnerships, debts, leases

and sharecropping. We are dissolving the partnership by mutual consent and are content with all that we did. All that was between us of partnership and dealing has to do with money and wealth and we have settled all of that in all types of dealings. We have explained all of that in every category. Each one of us has taken all his dues, and it is now in his possession. None of those named in this contract owes anything to any of the others, nor to anyone else connected to the others, because each one of us has taken all his dues, and it has come into his possession.

Signed by So-and-so, So-and-so, so and so and so and so.

Chapter 8: Separation Of The Married Couple

Allah, Blessed and Most High, says: And it is not lawful for you (men) to take back (from your wives) any of your (bridal-money) which you have given them, except when both parties fear that they would be unable to keep the limits ordained by Allah. Then if you fear that they would not be able to keep the limits ordained by Allah, then there is no sin on either of them for what they give back [Al-Baqarah:229]

This writ was written by so and so, the daughter of so and so, who is in good health and in full control of her wealth, to so and so the son of so and so the son of so and so. I was a wife to you, and you came in

to me, and consummated the marriage with me. Then I did not like your company, and I wanted to leave you, without your having done any harm to me, nor having withheld any of my rights. I asked you, when we feared that we would not be able to keep the limits ordained by Allah, to free me (Khul') and to divorce me irrevocably in return for all my Sadaq (Mahr) that is due from you to me, which is such-and-such a number of Dirhams, non-counterfeit, and such-and-such a number of Dinars, non-counterfeit, that I gave you in addition to that, apart from my Sadaq. You did what I asked of you, and you gave me an irrevocable divorce in return for what was left of my Sadaq, as stated in this writ, and in return for the additional Dinars stated. I accepted that from you verbally when we were talking about it, and in response to what you said before we finished our discussion, and departed. I gave you all the Dinars mentioned in this contract in return for which you granted me Khul, except for my Sadaq. Thus I became irrevocably divorced from you, and now I am in control of my own affairs, based on this Khul' which is described in this contract.

Thus you have no control over me, you cannot make demands of me, and you cannot take me back. I have taken from you all that is due to a woman like me at the time of 'Iddah, and I took all that I need in full, which a woman like me would take from a husband like you. Neither of us has any further rights, nor claims over the other. If any one of use makes any claim on the other, this claim is totally and utterly false, and the one against whom the claim is made is innocent, and has nothing to do with this claim. Each one of us accepts everything that the other party offers, and all that the other party relieves him of, as described in the contract, verbally when we were talking about it, and before we spoke of anything, or parted from our meeting that took place.

Signed by so and so (the wife) and so and so (the husband).

Chapter 9: Contract Of Manumission

Allah, the Mighty and Sublime says: "And such of your slaves as seek a writing (of emancipation), give them such writing, if you find that there is good and honesty in them." [An-Nur:33]

This is a contract written by so and so the son of so and so, who is in good health and in full control of his wealth, to his Nubian slave who is called so and so, who at this time is in his possession and owned by him. I have agreed to manumit you in return for three thousand Dirhams, non-counterfeit and weighing seven, to be paid in installments by you over six consecutive years, starting at the beginning of such and such month in such and such year. You will pay me the amount of money stated in this contract in installments, then you will be free in return for that, with the same rights and duties as all free men. If you default on any of these installments, this contract will be null and void, and you will remain a slave with no contract of manumission. I have accepted your contract of manumission based on the conditions stipulated in this contract before we finished talking, and departed from our meeting, which took place between us.

Signed by So-and-so and So-and-So.

Chapter 10: Tadbir (Leaving Instructions That One's Slave Be Freed After One's Death)

This is a contract written by so and so the son of so and so the son of so and so, to his Sicilian slave, the baker and cook, who is called so and so, and who at this time is in his possession and owned by him. I have arranged for your manumission following my death, seeking thereby the Face of Allah, the Mighty and Sublime, and hoping for His reward. You will be free after I die, and no one will have any control over you after I die, except by way of Al-Wala' (loyalty of a freed slave to his former masters), which will be to me and my descendents after me.

So-and-so the son of So-and-so affirms all that is mentioned in this contract, without compulsion, while in good health, and in full control of his wealth, after all of that was read to him in the presence of the witnesses named therein. He affirmed in their presence that he had heard it, and understood it, and called upon Allah to bear witness to it, and Allah is sufficient as a witness, then the witnesses who were present. So-and-so the Sicilian cook, who is sound in mind and body, affirmed that everything that is stated in this contract is true and correct according to the way it is written.

Chapter 11: Manumission

This is a contract written by so and so the son of so and so, without compulsion, while he is in good health and in full control of his wealth, in such-and-such month of such and such year, to his Byzantine slave who is called so and so, who at this time is in his possession and owned by him. I have set you free as an act of worship, seeking thereby the great reward of Allah, the Mighty and Sublime, granting you complete and definite freedom with no conditions and no right to take you back. You are free for the Face of Allah, and the Hereafter, and neither I nor anyone else has any control over you, except by way of Al-Wala' (loyalty of a freed slave to his former masters), which is to me and my descandents after me.