Nafi reported on the authority of Ibn Umar (Allah be pleased with them) that the Messenger of Allah (ﷺ) said:
Whichever tree is bought with its roots, and if it is fecundatedits fruit would belong to one who has grafted it except when the provision is laid down by the buyer.
Abdullah b. Umar (Allah be pleased with them) reported Allah's Massenger (ﷺ) as saying:
He who buys a tree after it has been fecundated, its fruit belongs to one who sells it except when the provision has been laid down by the buyer (that it will belong to him), and he who buys a slave, his property belongs to one who sells him except when a provision has been laid down by the buyer (that it will be transferred to him with the slave).
وَحَدَّثَنِي حَرْمَلَةُ بْنُ يَحْيَى، أَخْبَرَنَا ابْنُ وَهْبٍ، أَخْبَرَنِي يُونُسُ، عَنِ ابْنِ شِهَابٍ، حَدَّثَنِي سَالِمُ بْنُ عَبْدِ اللَّهِ بْنِ عُمَرَ، أَنَّ أَبَاهُ، قَالَ سَمِعْتُ رَسُولَ اللَّهِ صلى الله عليه وسلم يَقُولُ بِمِثْلِهِ .
Ibn Umar reported on the authority of his father as Allah's Apostle (ﷺ) saying so.
(16)Chapter: The prohibition of Muhaqalah and Muzabanah and Mukhabarah: and selling produce before its goodness appears, and Mu'awamah: which is selling years in advance
Jabir b. Abdullah (Allah be pleased with them) reported that Allah's Messenger (ﷺ) had forbidden Muhaqala. and Muzabana, Mukhibara and the sale of fruits until their good condition becomes clear, and (he commanded) that (commodities) should not be sold but for the dinar and dirham except in case of araya.
Jabir b. 'Abdullah (Allah be pleased with them) reported that Allah's Messenger (ﷺ) forbade Mukhabara and Muhaqala, and Muzabana, and the sale of the fruit until it is fit for eating, and its sale but with dirham and dinar. Exception is made in case of 'araya. Ata' said:
Jabir explained (these terms) for us. As for Mukhabara it is this that a wasteland is given by a person to another and he makes an investment in it and then gets a share in the produce. According to him (Jabir), Muzabana is the sell of fresh dates on the tree for dry dates with a measure, and Muhaqala in agriculture implies that one should sell the standing crop for grains with a measure.
Jabir b. Abdullah (Allah be pleased with them) reported Allah's Messenger (ﷺ) forbidding Muhaqala, and Muzabana, and Mukhabara, and the buying of date-palm until its fruit is ripened (ripening means that its colour becomes red or yellow, or it is fit for being eaten). And Muhaqala implies that crops in the field are bought for grains according to a customary measure. Muzabana implies that date-palm should be sold for dry dates by measuring them with wisqs, and al-Mukhabara is (a share), maybe one-third or one-fourth (in produce) or something like it. Zaid (one of the narrators) said to Ata' b. Abu Rabah (the other narrator):
Did You bear Jabir b. Abdullah (Allah be pleased with them) making a mention of it that he had heard it directly from Allah's Messenger (ﷺ)? He said: Yes.
Jabir b. Abdullah (Allah be pleased with them) reported Allah's Messenger (ﷺ) forbidding Muzabana and Muhaqala, and Mukhabara, and the sale of fruits until they are ripe. I (the narrator) said to Sa'id (the other narrator):
What does ripening imply? He said: It meant that they become red or become yellow and are fit for eating.
Jabir b. Abdullah (Allah be pleased with them) reported Allah's Messenger (ﷺ) forbidding Muhaqala and Muzabana and Mu'awama and Mukhabara. (One of the narrators) 'said:
Sale years ahead is Mu'awama, and making exceptional but he made an exemption of araya.
A hadith like this has been narrated on the authority of Jabir (Allah be pleased with him) from Allah's Apostle (ﷺ). but he made no mention of transactions years (ahead) implying Mu'awama.
Jabir b. Abdullah (Allah be pleased with them) reported that Allah's Messenger (ﷺ) forbade leasing of land, and selling ahead for years and selling of fruits before they become ripe.
حَدَّثَنَا الْحَكَمُ بْنُ مُوسَى، حَدَّثَنَا هِقْلٌ، - يَعْنِي ابْنَ زِيَادٍ - عَنِ الأَوْزَاعِيِّ، عَنْ عَطَاءٍ، عَنْ جَابِرِ بْنِ عَبْدِ اللَّهِ، قَالَ كَانَ لِرِجَالٍ فُضُولُ أَرَضِينَ مِنْ أَصْحَابِ رَسُولِ اللَّهِ صلى الله عليه وسلم فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " مَنْ كَانَتْ لَهُ فَضْلُ أَرْضٍ فَلْيَزْرَعْهَا أَوْ لِيَمْنَحْهَا أَخَاهُ فَإِنْ أَبَى فَلْيُمْسِكْ أَرْضَهُ " .
Jabir b. Abdullah (Allah be pleased with them) reported some of the Companions of Allah's Messenger (ﷺ) had surplus of land. Thereupon Allah's Messenger (ﷺ) said:
He, who has surplus land (in his possession) should cultivate it, or he should lend it to his brother for benefit, but if he refuses to accept it, he should retain it.
Jabir (Allah be pleased with him) reported Allah's Messenger (ﷺ) as saying:
He who has land should cultivate it, but if he does not find it possible to cultivate it, or finds himself helpless to do so, he should lend it to his Muslim brother, but he should not accept rent from him.
Did Jabir b. 'Abdullah (Allah be pleased with them) reported Allah's Apostle (ﷺ) as saying:" He who has land should cultivate it himself, or let his brother cultivate it, and should not give on rent"? He said: Yes.
Jabir b. Abdullah (Allah be pleased with them) heard Allah's Messenger (ﷺ) say:
He who has surplus of land should either cultivate it himself, or let his brother cultivate it, an should not sell it. I (the narrator) said to Sa'id: What does his statement" do not sell it" mean? Does it imply" rent"? He said: Yes.
حَدَّثَنَا أَحْمَدُ بْنُ يُونُسَ، حَدَّثَنَا زُهَيْرٌ، حَدَّثَنَا أَبُو الزُّبَيْرِ، عَنْ جَابِرٍ، قَالَ كُنَّا نُخَابِرُ عَلَى عَهْدِ رَسُولِ اللَّهِ صلى الله عليه وسلم فَنُصِيبُ مِنَ الْقِصْرِيِّ وَمِنْ كَذَا فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " مَنْ كَانَتْ لَهُ أَرْضٌ فَلْيَزْرَعْهَا أَوْ فَلْيُحْرِثْهَا أَخَاهُ وَإِلاَّ فَلْيَدَعْهَا" .
Jabir b. 'Abdullah reported:
We used to cultivate land on rent during the lifetime of Allah's Apostle (ﷺ) and we got a share out of the grain left in the ears after threshing them and something unspecified. Allah's Messenger (ﷺ) said: He who has land should cultivate it or let his brother till it, otherwise he should leave it.
حَدَّثَنِي أَبُو الطَّاهِرِ، وَأَحْمَدُ بْنُ عِيسَى، جَمِيعًا عَنِ ابْنِ وَهْبٍ، - قَالَ ابْنُ عِيسَى حَدَّثَنَا عَبْدُ اللَّهِ بْنُ وَهْبٍ، - حَدَّثَنِي هِشَامُ بْنُ سَعْدٍ، أَنَّ أَبَا الزُّبَيْرِ الْمَكِّيَّ، حَدَّثَهُ قَالَ سَمِعْتُ جَابِرَ بْنَ عَبْدِ اللَّهِ، يَقُولُ كُنَّا فِي زَمَانِ رَسُولِ اللَّهِ صلى الله عليه وسلم نَأْخُذُ الأَرْضَ بِالثُّلُثِ أَوِ الرُّبُعِ بِالْمَاذِيَانَاتِ فَقَامَ رَسُولُ اللَّهِ صلى الله عليه وسلم فِي ذَلِكَ فَقَالَ " مَنْ كَانَتْ لَهُ أَرْضٌ فَلْيَزْرَعْهَا فَإِنْ لَمْ يَزْرَعْهَا فَلْيَمْنَحْهَا أَخَاهُ فَإِنْ لَمْ يَمْنَحْهَا أَخَاهُ فَلْيُمْسِكْهَا " .
Jabir b. Abdullah (Allah be pleased with them) reported:
We used to get land (on rent) during the lifetime of Allah's Messeuge, (ﷺ) with a share of one-third or one-fourth (of the produce from the land irrigated) with the help of canals. Thereupon Allah's Messenger (ﷺ) stood up (to address) and said: HRe who has land should cultivate it, and if he does not cultivate it, he should lend it to his brother, and if he does not lend it to his brother, he should then retain it.
Jabir b. `Abdullah (Allah be pleased with them) reportedthat Allah's Messenger (ﷺ) had forbidden renting of land. Bukair (one of the narrators) said:
Nafi` reported to me that he heard Ibn `Umar (Allah be pleased with them) saying: We usedto give land on rent; we then abandoned this practice when we heard the hadith of Rafi` b. Khadij.
Jabir (Allah be pleased with him) reported Allah's Apostle (ﷺ) forbidding selling of (produce) in advance for two years, and in the narmtion of Ibu Abd Shaiba (the words are):
" Selling of the fruits (on the tree) in advance for two years."
Jabir b. Abdullah (Allah be pleased with them) reported:
I heard Allah's Messenger (ﷺ) forbidding Muzabana, and Huqul. Jabir b. Abdullah (Allah be pleased with them) said: Muzabana means the selling of fruits for dry dates and Huqul is the renting of land.
Abu Sa'id al-Khudri (Allah be pleased with him) reported Allah's Messenger (ﷺ) having forbidden Mazabana and Muhaqala. Muzibana means the buying of fruits on the trees and Muhaqala is the renting of land.
I heard Ibn Umar (Allah be pleased with them) say: We did not see any harm in renting of the land, but as the first year was over Rafi' alleged Allah's Apostle (ﷺ) having forbidden that.
This hadith has been narrated on the authority of Amr b. Dinar with the same chain of transmitters but (in) the hadith transmitted on the authority of 'Uyainah (the words are):
وَحَدَّثَنَا يَحْيَى بْنُ يَحْيَى، أَخْبَرَنَا يَزِيدُ بْنُ زُرَيْعٍ، عَنْ أَيُّوبَ، عَنْ نَافِعٍ، أَنَّ ابْنَ عُمَرَ، كَانَ يُكْرِي مَزَارِعَهُ عَلَى عَهْدِ رَسُولِ اللَّهِ صلى الله عليه وسلم وَفِي إِمَارَةِ أَبِي بَكْرٍ وَعُمَرَ وَعُثْمَانَ وَصَدْرًا مِنْ خِلاَفَةِ مُعَاوِيَةَ حَتَّى بَلَغَهُ فِي آخِرِ خِلاَفَةِ مُعَاوِيَةَ أَنَّ رَافِعَ بْنَ خَدِيجٍ يُحَدِّثُ فِيهَا بِنَهْىٍ عَنِ النَّبِيِّ صلى الله عليه وسلم فَدَخَلَ عَلَيْهِ وَأَنَا مَعَهُ فَسَأَلَهُ فَقَالَ كَانَ رَسُولُ اللَّهِ صلى الله عليه وسلم يَنْهَى عَنْ كِرَاءِ الْمَزَارِعِ . فَتَرَكَهَا ابْنُ عُمَرَ بَعْدُ . وَكَانَ إِذَا سُئِلَ عَنْهَا بَعْدُ قَالَ زَعَمَ رَافِعُ بْنُ خَدِيجٍ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم نَهَى عَنْهَا .
Nafi reported that Ibn Umar (Allah be pleased with them) rented his land during the lifetime of Allah's Messenger (ﷺ) and during the caliphate of Abu Bakr and that of Umar and that of Uthman (Allah be pleased with them) and during the early period of Muawiya's caliphate until at the end of Muawiya's reign, it reached him (Ibn 'Umar) that Rafi b. Khadij (Allah be pleased with him) narratted (a hadith) in which (there was a decree) of prohibition by Allah's Apostle (ﷺ). He (Ibn 'Umar) went to him (Rafi b. Khadij) and I was with him and he asked him, whereupon he said:
Allah's Messenger (ﷺ) used to forbid the renting of land. So Ibn Umar (Allah be pleased with them) abandoned it, and subsequently whenever he was asked about it, he said: Rafi b. Khadij (Allah be pleased with him) alleged that Allah's Messenger (ﷺ) forbade it.
وَحَدَّثَنَا ابْنُ نُمَيْرٍ، حَدَّثَنَا أَبِي، حَدَّثَنَا عُبَيْدُ اللَّهِ، عَنْ نَافِعٍ، قَالَ ذَهَبْتُ مَعَ ابْنِ عُمَرَ إِلَى رَافِعِ بْنِ خَدِيجٍ حَتَّى أَتَاهُ بِالْبَلاَطِ فَأَخْبَرَهُ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم نَهَى عَنْ كِرَاءِ الْمَزَارِعِ .
Nafi reported:
I went to Rafi b. Khadij in the company of Ibn 'Umar (All be pleased with them) until he (Ibn 'Umar) came to him at Balat (a place near Prophet's Mosque at Medina) and he (Rafi b. Khadij) informed him that Allah's Messenger (ﷺ) had forbidden the renting of land.
Nafi, reported that Ibn Umar (Allah be pleased with them) used to rent the land, and that he was conveyed the hadith transmitted on the authority of Rafi b. Khadij. He (the narrator) said:
He then went to him along with me. He (Rafi) narrated from some of his uncles in which it was mentioned that Allah's Apostle (ﷺ) forbade the renting of land. Ibn 'Umar (Allah be pleased with them) then abandoned this practice of renting.
وَحَدَّثَنِي عَبْدُ الْمَلِكِ بْنُ شُعَيْبِ بْنِ اللَّيْثِ بْنِ سَعْدٍ، حَدَّثَنِي أَبِي، عَنْ جَدِّي، حَدَّثَنِي عُقَيْلُ بْنُ خَالِدٍ، عَنِ ابْنِ شِهَابٍ، أَنَّهُ قَالَ أَخْبَرَنِي سَالِمُ بْنُ عَبْدِ اللَّهِ، أَنَّ عَبْدَ اللَّهِ بْنَ عُمَرَ، كَانَ يُكْرِي أَرَضِيهِ حَتَّى بَلَغَهُ أَنَّ رَافِعَ بْنَ خَدِيجٍ الأَنْصَارِيَّ كَانَ يَنْهَى عَنْ كِرَاءِ الأَرْضِ فَلَقِيَهُ عَبْدُ اللَّهِ فَقَالَ يَا ابْنَ خَدِيجٍ مَاذَا تُحَدِّثُ عَنْ رَسُولِ اللَّهِ صلى الله عليه وسلم فِي كِرَاءِ الأَرْضِ قَالَ رَافِعُ بْنُ خَدِيجٍ لِعَبْدِ اللَّهِ سَمِعْتُ عَمَّىَّ - وَكَانَا قَدْ شَهِدَا بَدْرًا - يُحَدِّثَانِ أَهْلَ الدَّارِ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم نَهَى عَنْ كِرَاءِ الأَرْضِ . قَالَ عَبْدُ اللَّهِ لَقَدْ كُنْتُ أَعْلَمُ فِي عَهْدِ رَسُولِ اللَّهِ صلى الله عليه وسلم أَنَّ الأَرْضَ تُكْرَى ثُمَّ خَشِيَ عَبْدُ اللَّهِ أَنْ يَكُونَ رَسُولُ اللَّهِ صلى الله عليه وسلم أَحْدَثَ فِي ذَلِكَ شَيْئًا لَمْ يَكُنْ عَلِمَهُ فَتَرَكَ كِرَاءَ الأَرْضِ .
Salim b. Abdullah reported that AbduUah b. Umar (Allah be pleased with them) used to give land on rent until (this news) reached him that Rafi b. Khadij Ansari used to forbid the renting of land. Abdullah met him and said:
Ibn Khadij, what is this that you narrate from Allah's Messenger (ﷺ) pertaining to renting of land? Rafi b. Khadij said to Abdullah: I heard it from two uncles of mine and they had participated in the Battle of Badr who narrated to the members of the family that Allah's Messenger (ﷺ) forbade the renting of land. Abdullah said: I knew it that the land was rented during the lifetime of Allah's Messenger (ﷺ). Abdullah then apprehended that Allah's Messenger (ﷺ) might have said something new in this connection (in regard to prohibition of renting) which I failed to know. So he abandoned the renting of land.
(18)Chapter: Leasing out Land (Kira) in return for food
Rafi b. Khadij (Allah be pleased with him) reported:
We used to give on rent land during the lifetime of Allah's Messenger (ﷺ). We rented it on the share of one-third or one-fourth of the (produce) along with a definite quantity of corn. One day a person from among my uncles came to us and said: Allah's Messenger (ﷺ) forbade us this act which was a source of benefit to us, but the obedience to Allah and to His Messenger (ﷺ) is more beneficial to us. He forbade us that we should rent land with one-third or one-fourth of (the produce) and the corn of a measure, and he commanded the owner of land that he should cultivate it or let it be cultivated by other (persons) but he showed disapproval of renting it or anything besides it.
وَحَدَّثَنِيهِ أَبُو الطَّاهِرِ، أَخْبَرَنَا ابْنُ وَهْبٍ، أَخْبَرَنِي جَرِيرُ بْنُ حَازِمٍ، عَنْ يَعْلَى بْنِ، حَكِيمٍ بِهَذَا الإِسْنَادِ عَنْ رَافِعِ بْنِ خَدِيجٍ، عَنِ النَّبِيِّ صلى الله عليه وسلم وَلَمْ يَقُلْ عَنْ بَعْضِ عُمُومَتِهِ .
This hadith has been narrated on the authority of Rafi' b. Khadij with the same chain of transmitters, but in it no mention is made of some of his uncles.
Rafi (Allah be pleased with him) reported that Zuhair b. Rafi (who was his uncle) came to me and said:
Allah's Messenger (ﷺ) forbade a practice which was useful for us. I said: What is this? (I believe) that whatrver Allah's Messenger (ﷺ) says is absolutely true. He (Zuhair) said that he (the Holy Prophet) asked me: What do you do with your cultivable lands? I said: Allah's Messenger, we rent those irrigated by canals for dry dates or barley. He said: Don't do that. Cultivate them or let them be cultivated (by others) or retain them yourself.
