I read out (this tradition) to Sa'id b. Ya'qub al-Taliqini, and I said to him: Ibn al-Mubarak transmitted (this tradition) to you from Sa'id Abi Shuja' who said: 'Uthman b. Sahl b. Rafi' b. Khadij narrated it to me saying: I was an orphan being nourished under the guardianship of Rafi' b. Khadij and I performed Hajj with him. My brother 'Imran b. Sahl then came to me and said: We rented out land to so-and-so for two hundred dirhams. He said: Leave it, for the Prophet (ﷺ) forbade renting land.
Rafi' had cultivated a land. The Prophet (ﷺ) passed him when he was watering it. So he asked him: To whom does the crop belong, and to whom does the land belong? He replied: The crop is mine for my seed and labour. The half (of the crop) is mine and the half for so-and-so. He said: You conducted usurious transaction. Return the land to its owner and take your wages and cost.
The Prophet (ﷺ) said: If anyone sows in other people's land without their permission, he has no right to any of the crop, but he may have what it cost him.
The Messenger of Allah (ﷺ) forbade muhaqalah, muzabanah, mukhabarah, and mu'awanah. One of the two narrators from Hammad said the word mu'awamah, and other said: "selling many years ahead". The agreed version then goes: and thunya, but gave license for 'araya.
The Messenger of Allah (ﷺ) forbade mukhabarah. I asked: What is mukhabarah ? He replied: That you have the land (for cultivation) for half, a third, or a quarter (of the produce).
حَدَّثَنَا قُتَيْبَةُ بْنُ سَعِيدٍ، عَنِ اللَّيْثِ، عَنْ مُحَمَّدِ بْنِ عَبْدِ الرَّحْمَنِ، - يَعْنِي ابْنَ غَنَجٍ - عَنْ نَافِعٍ، عَنِ ابْنِ عُمَرَ، أَنَّ النَّبِيَّ صلى الله عليه وسلم دَفَعَ إِلَى يَهُودِ خَيْبَرَ نَخْلَ خَيْبَرَ وَأَرْضَهَا عَلَى أَنْ يَعْتَمِلُوهَا مِنْ أَمْوَالِهِمْ وَأَنَّ لِرَسُولِ اللَّهِ صلى الله عليه وسلم شَطْرَ ثَمَرَتِهَا .
The Prophet (ﷺ) handed over the Jews of Khaibar the palm trees and the land of Khaibar on condition that they should employ what belonged to them in working on them, and that he should have half of the fruits.
The Messenger of Allah (ﷺ) conquered Khaibar, and stipulated that all the land, gold and silver would belong to him. The people of Khaibar said: we know the land more than you ; so give it to us on condition that you should have half of the produce and we would have the half. He then gave it to them on that condition. When the time of picking the fruits of the palm-trees came, he sent 'Abd Allah b. Rawahah to them, and he assessed the among of the fruits of the palm-trees. This is what the people of Medina call khars (assessment). He used to say: In these palm-trees there is such-and-such amount (of produce). They would say: You assessed more to us, Ibn Rawahah (than the real amount). He would say: I first take the responsibility of assessing the fruits of the palm-trees and give you half of (the amount) I said. They would say: This is true, and on this (equity) stand the heavens and the earth. We agreed that we should take (the amount which) you said.
When the Prophet (ﷺ) conquered Khaibar. He then narrated it like the tradition of Zaid (b. Abu al-Zarqa'). This version has: He then assessed the produce of the palm-trees and said: I take the job of picking the fruit myself, and I shall give you half of (the amount) I said.
The Prophet (ﷺ) used to send Abdullah ibn Rawahah (to Khaybar), and he would assess the amount of dates when they began to ripen before they were eaten (by the Jews). He would then give choice to the Jews that they have them (on their possession) by that assessment or could assign to them (Muslims) by that assignment, so that the (amount of) zakat could be calculated before the fruit became eatable and distributed (among the people).
When Allah bestowed Khaybar on His Prophet (ﷺ) as fay' (as a result of conquest without fighting), the Messenger of Allah (ﷺ) allowed (them) to remain there as they were before, and apportioned it between him and them. He then sent Abdullah ibn Rawahah who assessed (the amount of dates) upon them.
Ibn Rawahah assessed them (the amount of dates) at forty thousand wasqs, and when Ibn Rawahah gave them option, the Jews took the fruits in their possession and twenty thousand wasqs of dates were due from them.
I taught some persons of the people of Suffah writing and the Qur'an. A man of them presented to me a bow. I said: It cannot be reckoned property; may I shoot with it in Allah's path? I must come to the Apostle of of Allah (ﷺ) and ask him (about it). So I came to him and said : Messenger of Allah (ﷺ), one of those whom I have been teaching writing and the Qur'an has presented me a bow, and as it cannot be reckoned property, may I shoot with it in Allah's path? He said: If you want to have a necklace of fire on you, accept it.
Chapter 1282: Regarding The Earnings Of A Teacher - كتاب الإجارة
A similar tradition has also been transmitted by 'Ubadah b. al-Samit through a different chain of narrators, but the former tradition is more perfect. This version has:
Some of the Companions of Prophet (ﷺ) went on a journey. They encamped with a clan of the Arabs and sought hospitality from them, but they refused to provide them with any hospitality. The chief of the clan was stung by a scorpion or bitten by a snake. They gave him all sorts of treatment, but nothing gave him relied. One of them said: Would that you had gone to those people who encamped with you ; some of them might have something which could give you relief to your companion. (So they went and) one of them said: Our chief has been stung by a scorpion or bitten by a snake. We administered all sorts of medicine but nothing gave him relief. Has any of you anything, i.e. charm, which gives healing to our companion. One of those people said: I shall apply charm; we sought hospitality from you, but you refused to entertain us. I am not going to apply charm until you give me some wages. So they offered them a number of sheep. He then came to and recited Faithat-al-Kitab and spat until he was cured as if he were set free from a bond. Thereafter they made payment of the wages as agreed by them. They said: Apportion (the wages). The man who applied the charm said: Do not do until we come to the Messenger of Allah (ﷺ) and consult him. So they came to the Messenger of Allah (ﷺ) next morning and mentioned it to him. The Messenger of Allah (ﷺ) said: From where did you learn that it was a charm ? You have done right. Give me a share along with you.
You have brought what is good from this man. Then they brought a lunatic in chains. He recited Surat al-Fatihah over him three days, morning and evening. When he finished, he collected his saliva and then spat it out, (he felt relief) as if he were set free from a bond. They gave him something (as wages). He then came to the Prophet (ﷺ) and mentioned it to him. The Messenger of Allah (ﷺ) said: Accept it, for by my life, some accept it for a worthless charm, but you have done so far a genuine one.
Chapter 1284: Regarding The Earnings Of A Cupper - كتاب الإجارة
Narrated Muhayyisah ibn Ka'b:
حَدَّثَنَا عَبْدُ اللَّهِ بْنُ مَسْلَمَةَ الْقَعْنَبِيُّ، عَنْ مَالِكٍ، عَنِ ابْنِ شِهَابٍ، عَنِ ابْنِ مُحَيِّصَةَ، عَنْ أَبِيهِ، أَنَّهُ اسْتَأْذَنَ رَسُولَ اللَّهِ صلى الله عليه وسلم فِي إِجَارَةِ الْحَجَّامِ فَنَهَاهُ عَنْهَا فَلَمْ يَزَلْ يَسْأَلُهُ وَيَسْتَأْذِنُهُ حَتَّى أَمَرَهُ أَنِ اعْلِفْهُ نَاضِحَكَ وَرَقِيقَكَ .
Muhayyisah asked permission of the Messenger of Allah (ﷺ) regarding hire of the cupper, but he forbade him. He kept on asking his permission, and at last he said to him: Feed your watering camel with it and feed your slave with it.
Chapter 1284: Regarding The Earnings Of A Cupper - كتاب الإجارة
Narrated Anas b. Malik :
حَدَّثَنَا الْقَعْنَبِيُّ، عَنْ مَالِكٍ، عَنْ حُمَيْدٍ الطَّوِيلِ، عَنْ أَنَسِ بْنِ مَالِكٍ، أَنَّهُ قَالَ حَجَمَ أَبُو طَيْبَةَ رَسُولَ اللَّهِ صلى الله عليه وسلم فَأَمَرَ لَهُ بِصَاعٍ مِنْ تَمْرٍ وَأَمَرَ أَهْلَهُ أَنْ يُخَفِّفُوا عَنْهُ مِنْ خَرَاجِهِ .
That Abu Tibah cupped the Messenger of Allah (ﷺ) and he ordered that a sa' of dates be given to him, also ordering his people to remit some of his dues.