“A man from among the Ansar Came and said: 'O Messenger of Allah (ﷺ), why do I see that your color has changed?' He said: 'Hunger.' So the Ansari went to his dwelling, but he did not find anything in his dwelling, so he went out looking, and he found a Jew watering his date-palm trees. The Ansari stipulated that he would not take any dates that were black (rotten), hard and dried out or inferior, and he would only take good quality dates. He earned nearly two Sa's (of dates), and he brought it to the Prophet (ﷺ).”
“The Messenger of Allah (ﷺ) forbade Muhaqalah and 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.' ”
“I heard Ibn 'Umar say: 'We used to lend land for cultivation in return for a share of the harvest, and we did not see anything wrong with that, until we heard Rafi' bin Khadij say: “The Messenger of Allah (ﷺ) forbade it.” Then we stopped because of what he said.' ”
“I heard Jabir bin 'Abdullah say: Some men among us had extra land which they would rent out for one third or one quarter (of the crop). The Prophet (ﷺ) said: “Whoever has extra land, let him cultivate it (himself) or let him give it to his brother (for free, to cultivate it), and if he does not want to do that, let him keep his land.”
“Whoever has land, let him cultivate it (himself) or let him give it to his brother (for free, to cultivate it), and if he does not want to do that, let him keep his land.”
حَدَّثَنَا أَبُو كُرَيْبٍ، حَدَّثَنَا عَبْدَةُ بْنُ سُلَيْمَانَ، وَأَبُو أُسَامَةَ وَمُحَمَّدُ بْنُ عُبَيْدٍ عَنْ عُبَيْدِ اللَّهِ، - أَوْ قَالَ عَبْدِ اللَّهِ بْنِ عُمَرَ - عَنْ نَافِعٍ، عَنِ ابْنِ عُمَرَ، أَنَّهُ كَانَ يُكْرِي أَرْضًا لَهُ مَزَارِعًا فَأَتَاهُ إِنْسَانٌ فَأَخْبَرَهُ عَنْ رَافِعِ بْنِ خَدِيجٍ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم نَهَى عَنْ كِرَاءِ الْمَزَارِعِ فَذَهَبَ ابْنُ عُمَرَ وَذَهَبْتُ مَعَهُ حَتَّى أَتَاهُ بِالْبَلاَطِ فَسَأَلَهُ عَنْ ذَلِكَ فَأَخْبَرَهُ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم نَهَى عَنْ كِرَاءِ الْمَزَارِعِ فَتَرَكَ عَبْدُ اللَّهِ كِرَاءَهَا .
he used to lease out some land that belonged to him, for cultivation. Then someone came to him and told him that Rafi' bin Khadij said that the Messenger of Allah (ﷺ) had forbidden leasing out land for cultivation. Ibn 'Umar went, and I went with him, until he met him in Balat, and asked him about that, and he told him that the Messenger of Allah (ﷺ) had forbidden leasing out land for cultivation. So 'Abdullah stopped lessening out land.
“The Messenger of Allah (ﷺ) addressed us and said: 'Whoever has land, let him cultivate it or allow someone else to cultivate it, and not rent it out.' ”
“I asked Rafi' bin Khadij and he said: 'We used to lease out land on the basis that you would have what is produced by this piece of land, and I would have what is produced by this (other) piece of land, and we were forbidden to lease it out on the basis of crop-sharing but he did not forbid us to rent out land for silver.”
Chapter 10: Kinds Of Cultivation That Are Disliked - كتاب الرهون
Rafi'bin Khadi'j narrated that his paternal uncle Zuhair said:
حَدَّثَنَا عَبْدُ الرَّحْمَنِ بْنُ إِبْرَاهِيمَ الدِّمَشْقِيُّ، حَدَّثَنَا الْوَلِيدُ بْنُ مُسْلِمٍ، حَدَّثَنَا الأَوْزَاعِيُّ، حَدَّثَنِي أَبُو النَّجَاشِيِّ، أَنَّهُ سَمِعَ رَافِعَ بْنَ خَدِيجٍ، يُحَدِّثُ عَنْ عَمِّهِ، ظُهَيْرٍ قَالَ نَهَانَا رَسُولُ اللَّهِ صلى الله عليه وسلم عَنْ أَمْرٍ كَانَ لَنَا رَافِقًا . فَقُلْتُ مَا قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم فَهُوَ حَقٌّ . فَقَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " مَا تَصْنَعُونَ بِمَحَاقِلِكُمْ " . قُلْنَا نُؤَاجِرُهَا عَلَى الثُّلُثِ وَالرُّبُعِ وَالأَوْسُقِ مِنَ الْبُرِّ وَالشَّعِيرِ . فَقَالَ " فَلاَ تَفْعَلُوا ازْرَعُوهَا أَوْ أَزْرِعُوهَا " .
“The Messenger of Allah (ﷺ) forbade us from doing something that was convenient for us.” I said: “What the Messenger of Allah (ﷺ) said is true.” He said that the Messenger of Allah (ﷺ) said: “What do you with your farms?” We said: “We rent them out for one third or one quarter of their yield, and a certain amount of wheat and barley.” He said: “Do not do that; cultivate them or let others cultivate them.”
“If one of us did not need his land, he would give it (to someone else to cultivate) in return for one third, or one half of the yield , and he would stipulate (that the should receive) the produce grows on the banks of three streams, and the grains that remain in the ear after threshing, and the produce irrigated by a stream. Life at that time was hard, and he would work (the land) with iron and whatever Allah (SWT) willed, and he would benefit from it. Then Rafi bin Khadij came to us and said: ‘The Messenger of Allah (ﷺ) forbade you to do something that may seem beneficial to you, but obedience to Allah and obedience to His Messenger are more beneficial for you. The Messenger of Allah (ﷺ) forbade Haq for you, and he said: “Whoever has no need of his land, let him give it to his brother (to cultivate) or let him leave it (uncultivated).”
“May Allah (SWT) forgive Rafi' bin Khadij. By Allah (SWT)! I have more knowledge of Ahadith than he does. Two men who had quarreled came to the Prophet (ﷺ) and he said: 'If this is your situation, do not lease farms,' and what Rafi' bin khadij heard was 'Do not lease farms.' ”
I said to Tawus:
“O Abu 'Abdur-Rahman, why do you not give up this Mukhabarah because they claim that the Messenger of Allah (ﷺ) forbade it.” He said: “O 'Amr, I help them by taking their land and cultivating it, and giving them something in return, and Mu`adh bin Jabal allowed people here to do that. The most knowledgeable of them - meaning Ibn`Abbas - told me that the Messenger of Allah (ﷺ) did not forbid it, rather he said: 'For one you to give (land) to his brother is better than if he were to take a set amount in rent for it.'”
Mu`adh bin Jabl leased some land during the time of the Messenger of Allah (ﷺ), Abu Bakr, 'Umar and 'Uthmah, in return for one third or one fourth (of the yield), and he was still doing that until this day of yours.
Chapter 12: Renting Out Land In Return For Food - كتاب الرهون
It was narrated that Rafi` bin khadij said:
حَدَّثَنَا حُمَيْدُ بْنُ مَسْعَدَةَ، حَدَّثَنَا خَالِدُ بْنُ الْحَارِثِ، حَدَّثَنَا سَعِيدُ بْنُ أَبِي عَرُوبَةَ، عَنْ يَعْلَى بْنِ حَكِيمٍ، عَنْ سُلَيْمَانَ بْنِ يَسَارٍ، عَنْ رَافِعِ بْنِ خَدِيجٍ، قَالَ كُنَّا نُحَاقِلُ عَلَى عَهْدِ رَسُولِ اللَّهِ صلى الله عليه وسلم فَزَعَمَ أَنَّ بَعْضَ عُمُومَتِهِ أَتَاهُمْ فَقَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم
" مَنْ كَانَتْ لَهُ أَرْضٌ فَلاَ يُكْرِيهَا بِطَعَامٍ مُسَمًّى " .
We used to give land in return for food at the time of the Messenger of Allah (ﷺ), and some of my paternal uncles came to them and said: “The Messenger of Allah (ﷺ) said: 'Whoever has land, he should not rent it out for a set amount of food.”
“The Messenger of Allah (ﷺ) said: 'Whoever cultivates people`s land without their permission, he has no right to any produce, but he should be recompensed for his expenditure.' ”
“I passed by some palm trees with the Messenger of Allah (ﷺ) and he saw some people pollinating the trees. He said: 'What are these people doing?' They said: 'They are taking something from the male part (of the plant) and putting it in the female part.' He said: 'I do not think that this will do any good.' News of that reached them, so they stopped doing it, and their yield declined. News of that reached the Prophet (ﷺ) and he said: 'That was only my thought. If it will do any good, then do it. I am only a human being like you, and what I think may be right or wrong. But When I tell you: “Allah (SWT) says,” I will never tell lies about Allah (SWT).' ”
It was narrated from 'Aisha that the Prophet (ﷺ) heard some sounds and said:
حَدَّثَنَا مُحَمَّدُ بْنُ يَحْيَى، حَدَّثَنَا عَفَّانُ، حَدَّثَنَا حَمَّادٌ، حَدَّثَنَا ثَابِتٌ، عَنْ أَنَسِ بْنِ مَالِكٍ، وَهِشَامُ بْنُ عُرْوَةَ، عَنْ أَبِيهِ، عَنْ عَائِشَةَ، أَنَّ النَّبِيَّ صلى الله عليه وسلم سَمِعَ أَصْوَاتًا . فَقَالَ " مَا هَذَا الصَّوْتُ " . قَالُوا النَّخْلُ يُؤَبِّرُونَهُ فَقَالَ " لَوْ لَمْ يَفْعَلُوا لَصَلَحَ " . فَلَمْ يُؤَبِّرُوا عَامَئِذٍ فَصَارَ شِيصًا فَذَكَرُوا لِلنَّبِيِّ صلى الله عليه وسلم فَقَالَ " إِنْ كَانَ شَيْئًا مِنْ أَمْرِ دُنْيَاكُمْ فَشَأْنَكُمْ بِهِ وَإِنْ كَانَ شَيْئًا مِنْ أُمُورِ دِينِكُمْ فَإِلَىَّ " .
“What is this noise?” They said: “Palm trees that are being pollinated.” He said: “If they did not do that it would be better.” So they did not pollinate them that year, and the dates did not mature properly. they mentioned that to the Prophet (ﷺ) and he said: “If it is one of the matters of your religion, then refer to me.”