Two types of trarisactions have been forbidden (by the Holy Prophet), al-Mlulamasa and al-Munabadha. As far as Mulamasa transaction is concerned, it is that every one of them (the parties entering into transaction) should touch the garment of the other without careful consideration, and al-Munabadha is that every one of them should throw his cloth to the other and one of them should not see the cloth of his friend.
Abu Sa'id al-Khudri (Allah be pleased with him) reported:
Allah's Messenger (ﷺ) forbade us (from), two types of business transactions and two ways of dressing. He forbade Mulamasa and Munabadha in transactions. Mulamasa means the touching of another's garment with his hand, whether at night or by day, without turning it over except this much. Munabadha means that a man throws his garment to another and the other throws his garment, and thus confirming their contract without the inspection of mutual agreement.
Chapter: The invalidity of Hasah transactions and transactions involving ambiguity
(2)
باب بُطْلاَنِ بَيْعِ الْحَصَاةِ وَالْبَيْعِ الَّذِي فِيهِ غَرَرٌ
Abu Huraira (Allah be pleased with him) reported that Allah's Messenger (ﷺ) forbade a transaction determined by throwing stones, and the type which involves some uncertainty.
Ibn 'Umar (Allah be pleased with them) reported that the people of pre-Islamic days used to sell the meat of the slaughtered camel up to habal al-habala. And habal al-habala implies that a she-camel should give birth and then the (born one should grow young) and become pregnant. Allah's Messenger (ﷺ) forbade them that (this transaction).
Chapter: The prohibition of urging a buyer to cancel a purchase in order to sell him one's own goods; And urging a seller to cancel a sale already agreed upon so that one can buy the goods oneself; And the prohibition of artificially inflating prices; And the prohibition of letting milk accumulate in the udder in order to deceive the purchaser
Ibn 'Umar (Allah be pleased with them) reported Allah's Messenger (ﷺ) as saying:
A person should not enter into a transaction when his brother is already making a transaction and he should not make a proposal of marriage when his brother has already made a proposal except when he gives permission.
Abu Huraira reported Allah's Messenger (may peace'be upon him) as saying:
Do not go out to meet riders to enter into transaction with them; none of you must buy in opposition to another, nor must you bid against one another; a townsman must not sell for a man from the desert, and do not tie up udders of carnels and sheep, and he who buys them after that has been done has two courses open to him: after he has milked them he may keep them if he is pleased with them, or he may return them along with a sit of dates if he is displeased with them.
Abu Huraira (Allah be pleased with him) reported that Allah's Messenger (ﷺ) forbade the (people) meeting the caravan (for entering into business transaction with them), and the selling of goods by a townsman on behalf of a man of the desert, and seeking by a woman the divorce of her sister (from her husband), and outbidding (against one another), and tying up the udders (of animals), and buying of (things) in opposition to one's brother.
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (ﷺ) as saying:
Do not meet the merchant in the way and enter into business transaction with him, and whoever meets him and buys from him (and in case it is done, see) that when the owner of (merchandise) comes into the market (and finds that he has been paid less price) he has the option (to declare the transaction null and void).
Chapter: The prohibition of the town-dweller selling on behalf of a bedouin
(6)
باب تَحْرِيمِ بَيْعِ الْحَاضِرِ لِلْبَادِي
Abu Huraira (Allah be pleased with him) reported it directly from Allah's Apostle (ﷺ):
The townsman'should not sell for a man from the desert (with a view to taking advantage of his ignorance of the market conditions of the city). And Zuhair reported from the Prophet (ﷺ) that he forbade the townsman to sell on behalf of the man from the desert.
حَدَّثَنَا أَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ، وَعَمْرٌو النَّاقِدُ، وَزُهَيْرُ بْنُ حَرْبٍ، قَالُوا حَدَّثَنَا سُفْيَانُ، عَنِ الزُّهْرِيِّ، عَنْ سَعِيدِ بْنِ الْمُسَيَّبِ، عَنْ أَبِي هُرَيْرَةَ، يَبْلُغُ بِهِ النَّبِيَّ صلى الله عليه وسلم قَالَ " لاَ يَبِعْ حَاضِرٌ لِبَادٍ " . وَقَالَ زُهَيْرٌ عَنِ النَّبِيِّ صلى الله عليه وسلم أَنَّهُ نَهَى أَنْ يَبِيعَ حَاضِرٌ لِبَادٍ .
Ibn 'Abbas (Allah be pleased with them) reported Allah's Messenger (ﷺ) as saying:
The riders (carrying merchandise) should not be met in the way, and townsman should not sell for a man of the desert. The narrator reported. I said to Ibn 'Abbas: What do these words really imply-" The townsman for the man of the desert"? He said: That he should work as a broker on his behalf.
Jabir (Allah be pleased with him) reported Allah's Messenger (ﷺ) as saying:
The townsman should not sell for a man from the desert, leave the people alone, Allah will give them provision from one another. Yahya reported it with a slight change of words.
Chapter: Ruling on selling Al-Musarrah (An animal in whose udder milk has been allowed to accumulate)
(7)
باب حُكْمِ بَيْعِ الْمُصَرَّاةِ
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be'upon him) as saying:
He who bought a goat having its udder tied up should go back with it, milk it, and, if he is satisfied with its milk, he should retair it, otherwise he should return it along with a sa' of dates.
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (ﷺ) as saying:
He who buys a goat with its udder tied up has the option to retain the goat if he so desires or return it within three days, and in case he returns it he should do so along with a sa' of dates.
Abu Huraira (Allah be pleased with him) reported Allah's Apostle (ﷺ) as saying:
lie who buys a goat having its udder tied up has the option to return it within three days. If he returns it he should pay a sa' of dates. Wheat is not essential.
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (ﷺ) as saying:
He who buys a goat having its udder tied up has two courses left for him. He may retain it, and if he desires may return it along with a sa' of dates and not wheat.
Out of the ahadith which Abu Huraira (Allah be pleased with him) reported to us from Allah's Messenger (ﷺ) one is this that Allah's Messenger (ﷺ) said: If one among you buys a she-camel having its udder tied up he has the two options for him after milking it either (to retain it) or return it with a sa' of dates.
حَدَّثَنَا مُحَمَّدُ بْنُ رَافِعٍ، حَدَّثَنَا عَبْدُ الرَّزَّاقِ، حَدَّثَنَا مَعْمَرٌ، عَنْ هَمَّامِ بْنِ مُنَبِّهٍ، قَالَ هَذَا مَا حَدَّثَنَا أَبُو هُرَيْرَةَ، عَنْ رَسُولِ اللَّهِ صلى الله عليه وسلم فَذَكَرَ أَحَادِيثَ مِنْهَا وَقَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " إِذَا مَا أَحَدُكُمُ اشْتَرَى لِقْحَةً مُصَرَّاةً أَوْ شَاةً مُصَرَّاةً فَهُوَ بِخَيْرِ النَّظَرَيْنِ بَعْدَ أَنْ يَحْلُبَهَا إِمَّا هِيَ وَإِلاَّ فَلْيَرُدَّهَا وَصَاعًا مِنْ تَمْرٍ " .
Ibn Abbas (Allah be pleased with them) reported Allah's Messenger (ﷺ) as saying:
He who buys food-rain should not sell it until he has taken possession of it. Ibn Abbas (Allah be pleased with them) said: I regard everything like food (so far as this principle is concerned).
Ibn Abbas (Allah be pleased with them) reported Allah's Messenger (ﷺ) as saying:
He who buys foodgrain should not sell it, until he has weighed it (and then taken possession of it). I (Tawus) said to Ibn Abbas (Allah be pleased with them): Why is it so? Thereupon he said: Don't you see that they (the people) sell foodgrains against gold for the stipulated time. Abu Kuraib did not make any mention of the stipulated time.
We used to buy foodgrains during the lifetime of Allah's Messenger (ﷺ). He (the Holy Prophet) would then send to us one who commanded us to take them (the foodgrains) to a place other than the one where we had bought them before we sold it.
Ibn Umar (Allah be pleased with them) reported Allah's Messenger (ﷺ) as saying:
He who buys foodgrain should not sell that before taking possession of it. He (the narrator) said: We used to buy foodgrain from the caravans in bulk, but Allah's Messenger (ﷺ) forbade us to re-sell that until we had shifted it to some other place.
حَدَّثَنَا أَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ، حَدَّثَنَا عَلِيُّ بْنُ مُسْهِرٍ، عَنْ عُبَيْدِ اللَّهِ، ح وَحَدَّثَنَا مُحَمَّدُ بْنُ عَبْدِ اللَّهِ بْنِ نُمَيْرٍ، - وَاللَّفْظُ لَهُ - حَدَّثَنَا أَبِي، حَدَّثَنَا عُبَيْدُ اللَّهِ، عَنْ نَافِعٍ، عَنِ ابْنِ، عُمَرَ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ " مَنِ اشْتَرَى طَعَامًا فَلاَ يَبِعْهُ حَتَّى يَسْتَوْفِيَهُ" .
قَالَ وَكُنَّا نَشْتَرِي الطَّعَامَ مِنَ الرُّكْبَانِ جِزَافًا فَنَهَانَا رَسُولُ اللَّهِ صلى الله عليه وسلم أَنْ نَبِيعَهُ حَتَّى نَنْقُلَهُ مِنْ مَكَانِهِ .
Ibn 'Umar (Allah be pleased with them) reported that they were beaten during the lifetime of Allah's Messenger (ﷺ) if they had bought foodgrains in bulk and then sold them in the spot without shifting them (to some other place).
حَدَّثَنَا أَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ، حَدَّثَنَا عَبْدُ الأَعْلَى، عَنْ مَعْمَرٍ، عَنِ الزُّهْرِيِّ، عَنْ سَالِمٍ، عَنِ ابْنِ عُمَرَ، أَنَّهُمْ كَانُوا يُضْرَبُونَ عَلَى عَهْدِ رَسُولِ اللَّهِ صلى الله عليه وسلم إِذَا اشْتَرَوْا طَعَامًا جِزَافًا أَنْ يَبِيعُوهُ فِي مَكَانِهِ حَتَّى يُحَوِّلُوهُ .
Salim b. 'Abdullah (Allah be pleased with them) reported his father havingsaid this:
I saw people being beaten during the lifetime of Allah's Messenger (ﷺ) in case they bought the foodgrain in bulk, and then sold them at that spot before taking it to their places. This hadith is narrated on the authority of 'Ubaidullah b. Abdullah b. 'Umar through another chain of transmitters (and the words are):" His father (Ibn 'Umar) used to buy foodgrains in bulk and then carried them to his people."
Abu Huraira (Allah be please with him) is reported to have said to Marwan:
Have you made lawful the transactions involving interest? Thereupon Marwan said: I have not done that. Thereupon Abu Huraira (ﷺ) said: You have made lawful the transactions with the help of documents only, whereas Allah's Messenger (ﷺ) forbade the transaction of foodgrains until full possession is taken of them. Marwan then addressed the people and forbade them to enter into such transactions (as are done with the help of documents). Sulaiman said: I saw the sentinels snatching (these documents) from the people.
Chapter: The prohibition of selling a heap of dates the weight of which is unknown
(9)
باب تَحْرِيمِ بَيْعِ صُبْرَةِ التَّمْرِ الْمَجْهُولَةِ الْقَدْرِ بِتَمْرٍ
Jabir b. Abdullah (Allah be pleased with them) is reported to have said that Allah's Messenger (ﷺ) forbade the sale of a heap of dates the weight of which is unknown in accordance with the known weight of dates.
This hadith is narrated on the authority of Jabir b. Abdullah (Allah be pleased with them) but with this variation that no mention is made of the dates (which one finds) at the end of the previous hadith.
Chapter: Affirming that both parties to a transaction have the option (of canceling it) while they are still together
(10)
باب ثُبُوتِ خِيَارِ الْمَجْلِسِ لِلْمُتَبَايِعَيْنِ
Ibn 'Umar (Allah be pleased with them) reported Allah's Messenger (ﷺ) as saying:
Both parties in a business transaction have the right to annul it so long as they have not separated; except in transactions which have been made subject to the right of parties to annul them.
حَدَّثَنَا يَحْيَى بْنُ يَحْيَى، قَالَ قَرَأْتُ عَلَى مَالِكٍ عَنْ نَافِعٍ، عَنِ ابْنِ عُمَرَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ " الْبَيِّعَانِ كُلُّ وَاحِدٍ مِنْهُمَا بِالْخِيَارِ عَلَى صَاحِبِهِ مَا لَمْ يَتَفَرَّقَا إِلاَّ بَيْعَ الْخِيَارِ " .
Ibn 'Umar (Allah be pleased with thcm) reported Allah's Messenger (ﷺ) as saying:
When two persons enter into a transaction, each of them has the right to annul it so long as they are not separated and are together (at the place of transaction) ; or if one gives the other the right (to annul the transaction) But if one gives the other the option, the transaction is made on this condition (i. e. one has the right to annul the transaction), it becomes binding. And if they are separated after they have made the bargain and none of them annulled it, even then the transaction is binding.
Abdullah b. 'Umar (Allah be pleased with them) reported Allah's Messenger (ﷺ) as saying:
When two persons enter into a transac. tion, each one of them has the right to annul it so long as they are not separated, or their transaction gives one another (as a condition) the right of annulling, and if their transaction, has the right of annulling it the transaction becomes binding. Ibn Abi Umar made this addition that whenever he (Ibn Umar) entered into a transaction with a person with the intention of not breaking it, he walked a while and then returned to him.
Chapter: Honesty in selling and disclosure of defects
(11)
باب الصِّدْقِ فِي الْبَيْعِ وَالْبَيَانِ
Hakim b. Hazim (Allah be pleased with him) reported Allah's Messenger (ﷺ) as saying:
Both parties in a business transaction have the right to annul it so long as they have not separated; and if they speak the truth and make everything clear they will be blessed in their transaction; but if they tell a lie and conceal anything the blessing on their transaction will be blotted out.
Abdullah b. Dinar narrated that he heard Ibn 'Umar (Allah be pleased with them) saying:
A man mentioned to the Messenger of Allah (ﷺ) that he was deceived in a business transaction, whereupon Allah's Messenger (ﷺ) said: When you enter into a transaction, say: There should be no attempt to deceive.
حَدَّثَنَا يَحْيَى بْنُ يَحْيَى، وَيَحْيَى بْنُ أَيُّوبَ، وَقُتَيْبَةُ، وَابْنُ، حُجْرٍ قَالَ يَحْيَى بْنُ يَحْيَى أَخْبَرَنَا وَقَالَ الآخَرُونَ، حَدَّثَنَا إِسْمَاعِيلُ بْنُ جَعْفَرٍ، عَنْ عَبْدِ اللَّهِ بْنِ دِينَارٍ، أَنَّهُ سَمِعَ ابْنَ، عُمَرَ يَقُولُ ذَكَرَ رَجُلٌ لِرَسُولِ اللَّهِ صلى الله عليه وسلم أَنَّهُ يُخْدَعُ فِي الْبُيُوعِ فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " مَنْ بَايَعْتَ فَقُلْ لاَ خِلاَبَةَ " . فَكَانَ إِذَا بَايَعَ يَقُولُ لاَ خِيَابَةَ.
This hadith has been narrated on the authority of 'Abdullah b. Dinar with the same chain of transmitters but these words are not found in it." When he buys he should say:
Ibn 'Umar (Allah be pleased with them) reported that Allah's Messenger (ﷺ) forbade the sale of fruits until they were clearly in good condition, he forbade it both to the seller and to the buyer.
حَدَّثَنَا يَحْيَى بْنُ يَحْيَى، قَالَ قَرَأْتُ عَلَى مَالِكٍ عَنْ نَافِعٍ، عَنِ ابْنِ عُمَرَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم نَهَى عَنْ بَيْعِ الثَّمَرِ حَتَّى يَبْدُوَ صَلاَحُهَا نَهَى الْبَائِعَ وَالْمُبْتَاعَ.
Ibn 'Umar (Allah be pleased with them) reported that Allah's Messenger (ﷺ) forbade the sale of palm-trees (i. e. their trults) until the dates began to ripen, and ears of corn until they were white and were safe from blight. He forbade the seller and the buyer.
Ibn Umar (Allah be pleased with them) reported Allah's Messenger (ﷺ) as saying:
Do not buy fruit until its good condition becomes clear, and (the danger) of blight is no more. He said: Its good condition becoming clear implies that it becomes red or yellow.
حَدَّثَنِي زُهَيْرُ بْنُ حَرْبٍ، حَدَّثَنَا جَرِيرٌ، عَنْ يَحْيَى بْنِ سَعِيدٍ، عَنْ نَافِعٍ، عَنِ ابْنِ عُمَرَ، قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " لاَ تَبْتَاعُوا الثَّمَرَ حَتَّى يَبْدُوَ صَلاَحُهُ وَتَذْهَبَ عَنْهُ الآفَةُ قَالَ يَبْدُوَ صَلاَحُهُ حُمْرَتُهُ وَصُفْرَتُهُ .
This hadith is reported or the authority of Yahya with the same chain of transmitters up to" until its good condition becomes clear," but lie did not mention what follows (these words).
In the hadith transmitted on the authority of Shu'ba it was stated that Ibn Umar (Allah be pleased with them) was asked what good condition implied. He said:
Jabir (Allah be pleased with him) reported that Allah's Messenger (ﷺ) forbade (or forbade us) the sale of fruits until they are ripe in a good condition.
I asked Ibn 'Abbas (Allah be pleased with them) about the sale of dates. He said: Allah's Messenger (ﷺ) forbade the sale of dates of the trees until one eats them or they are eaten (i. e. they are fit to be eaten) or until they are weighed (or measured). I said: What does it imply:" Until it is weighed"? Thereupon a person who was with him (Ibn Abbas) said: Until he is able to keep it with him (after plucking them).
Ibn Umar (Allah be pleased with them) reported Allah's Apostle (ﷺ) forbidding the sale of fruits until their good condition becomes evident and the purchase of dates for dates.
Zaid b. Thabit (Allah be pleased with him) said that Allah's Messenger (ﷺ) gave a concession in case of the sale known as al-araya, there is an addition of the word an tuba'a in the hadith transmitted by Ibn Numair.
قَالَ ابْنُ عُمَرَ وَحَدَّثَنَا زَيْدُ بْنُ ثَابِتٍ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم رَخَّصَ فِي بَيْعِ الْعَرَايَا . زَادَ ابْنُ نُمَيْرٍ فِي رِوَايَتِهِ أَنْ تُبَاعَ .
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (ﷺ) as saying:
Do not buy the fruit until their condition is clear, and do not buy the fresh dates. A hadith like this has been reported by Ibn 'Umar through another chain of transmitters.
وَحَدَّثَنِي أَبُو الطَّاهِرِ، وَحَرْمَلَةُ، - وَاللَّفْظُ لِحَرْمَلَةَ - قَالاَ أَخْبَرَنَا ابْنُ وَهْبٍ، أَخْبَرَنِي يُونُسُ، عَنِ ابْنِ شِهَابٍ، حَدَّثَنِي سَعِيدُ بْنُ الْمُسَيَّبِ، وَأَبُو سَلَمَةَ بْنُ عَبْدِ الرَّحْمَنِ أَنَّ أَبَا هُرَيْرَةَ، قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " لاَ تَبْتَاعُوا الثَّمَرَ حَتَّى يَبْدُوَ صَلاَحُهُ وَلاَ تَبْتَاعُوا الثَّمَرَ بِالتَّمْرِ " . قَالَ ابْنُ شِهَابٍ وَحَدَّثَنِي سَالِمُ بْنُ عَبْدِ اللَّهِ بْنِ عُمَرَ عَنْ أَبِيهِ عَنِ النَّبِيِّ صلى الله عليه وسلم مِثْلَهُ سَوَاءً .
Chapter: The prohibition of selling fresh dates in exchange for dry dates except in the case of 'Araya
(14)
باب تَحْرِيمِ بَيْعِ الرُّطَبِ بِالتَّمْرِ إِلاَّ فِي الْعَرَايَا
Sa'id b. al-Musayyib said that Allah's Messenger (ﷺ) forbade the transaction of Af Muzabana and Muhaqala. Muzabana means that fresh dates on the trees should be sold against dry dates. Muhaqala implies that the wheat in the ear should be sold against the wheat and getting the land on rent for the wheat (produced in it). He (the narrator) said that the Prophet (ﷺ) had aid:
Do not sell fresh fruits on the trees until their good condition becomes manifest, and do not sell fresh dates on the trees against dry dates.
Salim said: Abdullah informed me on the authority of Zaid b. Thabit, Allah's Messenger (ﷺ) having given concession afterwards in case of ariyya transactions by which dry dates can be exchanged with fresh dates, but he did not permit it in other cases.
وَحَدَّثَنِي مُحَمَّدُ بْنُ رَافِعٍ، حَدَّثَنَا حُجَيْنُ بْنُ الْمُثَنَّى، حَدَّثَنَا اللَّيْثُ، عَنْ عُقَيْلٍ، عَنِ ابْنِ شِهَابٍ، عَنْ سَعِيدِ بْنِ الْمُسَيَّبِ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم نَهَى عَنْ بَيْعِ الْمُزَابَنَةِ وَالْمُحَاقَلَةِ وَالْمُزَابَنَةُ أَنْ يُبَاعَ ثَمَرُ النَّخْلِ بِالتَّمْرِ وَالْمُحَاقَلَةُ أَنْ يُبَاعَ الزَّرْعُ بِالْقَمْحِ وَاسْتِكْرَاءُ الأَرْضِ بِالْقَمْحِ . قَالَ وَأَخْبَرَنِي سَالِمُ بْنُ عَبْدِ اللَّهِ عَنْ رَسُولِ اللَّهِ صلى الله عليه وسلم أَنَّهُ قَالَ " لاَ تَبْتَاعُوا الثَّمَرَ حَتَّى يَبْدُوَ صَلاَحُهُ وَلاَ تَبْتَاعُوا الثَّمَرَ بِالتَّمْرِ " .
وَقَالَ سَالِمٌ أَخْبَرَنِي عَبْدُ اللَّهِ، عَنْ زَيْدِ بْنِ ثَابِتٍ، عَنْ رَسُولِ اللَّهِ صلى الله عليه وسلم أَنَّهُ رَخَّصَ بَعْدَ ذَلِكَ فِي بَيْعِ الْعَرِيَّةِ بِالرُّطَبِ أَوْ بِالتَّمْرِ وَلَمْ يُرَخِّصْ فِي غَيْرِ ذَلِكَ.
Zaid b. Thabit (Allah be pleased with him) reported Allah's Messenger (may peace he upon him) having given concession in case of 'ariyya for selling dry dates (with) fresh dates after measuring them out.
حَدَّثَنَا يَحْيَى بْنُ يَحْيَى، قَالَ قَرَأْتُ عَلَى مَالِكٍ عَنْ نَافِعٍ، عَنِ ابْنِ عُمَرَ، عَنْ زَيْدِ، بْنِ ثَابِتٍ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم رَخَّصَ لِصَاحِبِ الْعَرِيَّةِ أَنْ يَبِيعَهَا بِخَرْصِهَا مِنَ التَّمْرِ .
Zaid b. Thabit reported that Allah's Messenger (ﷺ) give concession in case of 'ariyya transactions according to which the members of the household give dry dates according to a measure and then eat fresh dates (in exchange for it)
Zaid b Thabit (Allah be pleased with him) reported that Allah's Messenger (ﷺ) gave concession in case of al-'ariyya transactions (for exchanging dates) for dates with measure. Yahya said:
'Ariyya implies that a person should buy fresh dates on the tree for his family to eat against a measure of dry dates.
Zaid b. Thabit (Allah be pleased with him) reported Allah's Messenger (ﷺ) granting concession in case of 'ariyya transactions and that implies selling of (dry dates for fresh dates) according to a measure.
وَحَدَّثَنَا ابْنُ نُمَيْرٍ، حَدَّثَنَا أَبِي، حَدَّثَنَا عُبَيْدُ اللَّهِ، حَدَّثَنِي نَافِعٌ، عَنِ ابْنِ عُمَرَ، عَنْ زَيْدِ بْنِ ثَابِتٍ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم رَخَّصَ فِي الْعَرَايَا أَنْ تُبَاعَ بِخَرْصِهَا كَيْلاً .
Nafi, reported this hadith with the same chain of transmitters stating that Allah's Messengtr (ﷺ) granted concession in case of 'ariyya transactions (for exchange of the same commodity) with measure.
وَحَدَّثَنَا أَبُو الرَّبِيعِ، وَأَبُو كَامِلٍ قَالاَ حَدَّثَنَا حَمَّادٌ، ح وَحَدَّثَنِيهِ عَلِيُّ بْنُ حُجْرٍ، حَدَّثَنَا إِسْمَاعِيلُ، كِلاَهُمَا عَنْ أَيُّوبَ، عَنْ نَافِعٍ، بِهَذَا الإِسْنَادِ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم رَخَّصَ فِي بَيْعِ الْعَرَايَا بِخَرْصِهَا .
Bashair b. Yasir reported on the authority of some of the Companions of Allah's Messenger (ﷺ) among the members of his family among whom one was Sahl b. Abu Hathma that Allah's Messenger (ﷺ) forbade buying of fresh dates against dry dates and that it is Riba and this is Muzabana, but he made an exemption of 'ariyya (donations) of a tree or two in which case the members of a family sell dry dates and buy fresh dates for eating them.
وَحَدَّثَنَا عَبْدُ اللَّهِ بْنُ مَسْلَمَةَ الْقَعْنَبِيُّ، حَدَّثَنَا سُلَيْمَانُ، - يَعْنِي ابْنَ بِلاَلٍ - عَنْ يَحْيَى، - وَهُوَ ابْنُ سَعِيدٍ - عَنْ بُشَيْرِ بْنِ يَسَارٍ، عَنْ بَعْضِ، أَصْحَابِ رَسُولِ اللَّهِ صلى الله عليه وسلم مِنْ أَهْلِ دَارِهِمْ مِنْهُمْ سَهْلُ بْنُ أَبِي حَثْمَةَ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم نَهَى عَنْ بَيْعِ الثَّمَرِ بِالتَّمْرِ وَقَالَ " ذَلِكَ الرِّبَا تِلْكَ الْمُزَابَنَةُ " . إِلاَّ أَنَّهُ رَخَّصَ فِي بَيْعِ الْعَرِيَّةِ النَّخْلَةِ وَالنَّخْلَتَيْنِ يَأْخُذُهَا أَهْلُ الْبَيْتِ بِخَرْصِهَا تَمْرًا يَأْكُلُونَهَا رُطَبًا .
Bushair b. Yasar reported on the authority of some of the Companion of Allah's Messenger (ﷺ) that he exempted the transactions, of 'ariyya (from the direct exchange of one kind) after measuring the dry dates (in exchange for fresh dates).
وَحَدَّثَنَا قُتَيْبَةُ بْنُ سَعِيدٍ، حَدَّثَنَا لَيْثٌ، ح وَحَدَّثَنَا ابْنُ رُمْحٍ، أَخْبَرَنَا اللَّيْثُ، عَنْ يَحْيَى، بْنِ سَعِيدٍ عَنْ بُشَيْرِ بْنِ يَسَارٍ، عَنْ أَصْحَابِ، رَسُولِ اللَّهِ صلى الله عليه وسلم أَنَّهُمْ قَالُوا رَخَّصَ رَسُولُ اللَّهِ صلى الله عليه وسلم فِي بَيْعِ الْعَرِيَّةِ بِخَرْصِهَا تَمْرًا .
Bushair b. Yasir reported on the authority of some of the Companions of Allah's Messenger (may peace be upon hinn) from among the members of his family that he forbade (the direct exchange of a commodity having different qualities) but with the change that Ishaq and Ibn al-Muthanna used the word Zabn in place ot Riba and Ibn Abu 'Umar used the word Riba (interest).
وَحَدَّثَنَا مُحَمَّدُ بْنُ الْمُثَنَّى، وَإِسْحَاقُ بْنُ إِبْرَاهِيمَ، وَابْنُ أَبِي عُمَرَ، جَمِيعًا عَنِ الثَّقَفِيِّ، قَالَ سَمِعْتُ يَحْيَى بْنَ سَعِيدٍ، يَقُولُ أَخْبَرَنِي بُشَيْرُ بْنُ يَسَارٍ، عَنْ بَعْضِ، أَصْحَابِ رَسُولِ اللَّهِ صلى الله عليه وسلم مِنْ أَهْلِ دَارِهِ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم نَهَى . فَذَكَرَ بِمِثْلِ حَدِيثِ سُلَيْمَانَ بْنِ بِلاَلٍ عَنْ يَحْيَى غَيْرَ أَنَّ إِسْحَاقَ وَابْنَ الْمُثَنَّى جَعَلاَ مَكَانَ الرِّبَا الزَّبْنَ وَقَالَ ابْنُ أَبِي عُمَرَ الرِّبَا .
Sahl b. Abu Hathma reported Allah's Messenger (ﷺ) having forbidden Muzabana, i. e. exchange of fresh dates with dry dates. except in case of those to whom donations of some trees have been made. It is for them that concession has been given.
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (ﷺ) having given exemption of 'ariyya transactions measuring less than five wasqs or up to five wasqs (the narrator Dawud is in doubt whether it was five or less than five).
Ibn Umar (Allah be pleased them) reported Allah's Messenger (ﷺ) having forbidden Muzabana, and Muzabana implies the selling of fresh dates for dry dates by measuring them out and the selling of raisins by measure for grapes.
حَدَّثَنَا يَحْيَى بْنُ يَحْيَى التَّمِيمِيُّ، قَالَ قَرَأْتُ عَلَى مَالِكٍ عَنْ نَافِعٍ، عَنِ ابْنِ عُمَرَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم نَهَى عَنِ الْمُزَابَنَةِ وَالْمُزَابَنَةُ بَيْعُ الثَّمَرِ بِالتَّمْرِ كَيْلاً وَبَيْعُ الْكَرْمِ بِالزَّبِيبِ كَيْلاً .
'Abdullah (b. Umar) reported that Allah's Apostle (ﷺ) forbade Muzabana, i. e. buying of fresh dates (on) the trees for dry dates by measure, and the buying of grapes for raisins by measure and the selling of field of corn for corn by measure.
Ibn 'Umar (Allah be pleased with them) reported Allah's Messenger (ﷺ) having forbidden Muzabana, and Muzabana is the selling of dry dates by measure for fresh dates and the selling of raisins by measure for grapes and selling of all Ports of fruits on the basis of calculation.
Ibn 'Umar (Allah be pleased with them) reported Allah's Messenger (ﷺ) having forbidden Muzabana, and Muzabana implies the selling of dry dates for fresh dates on the tree with a definite measure (making it clear) that in case it increases, it belongs to me and if it is less, it is my responsibility.
Abdullah (b. Umar) (Allah be pleased with them) reported Allah's Messenger (ﷺ) having forbidden Mazabana, and it implies that one should sell the fresh fruits of his orchard (for dry fruits) or, if it is fresh dates, for dry dates with a measure, or if it is grapes for raisins or if it is corn in the field for dry corn with a measure He (the Holy Prophet) in fact forbade all such transactions. Qutaiba has narrated it with a slight variation of words.
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).
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.
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.
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 (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.
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.
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 (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.
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) 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):
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 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 .
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.
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 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.
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.
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 .
Chapter: Leasing out Land (Kira) in return for food
(18)
باب كِرَاءِ الأَرْضِ بِالطَّعَامِ
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.
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.
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 .
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.
Chapter: Leasing out Land (Kira) for gold and silver
(19)
باب كِرَاءِ الأَرْضِ بِالذَّهَبِ وَالْوَرِقِ
Hanzala b. Qais reported that he asked Rafi b. Khadij (Allah be pleased with him) about renting of land, whereupon he said:
Allah's Messenger (ﷺ) forbade the renting of land. I said: Is it forbidden (even if it is paid) in gold (dinar) and silver (dirham)? Thereupon he said: If it is paid in gold and silver, there is no harm in it.
I asked Rafi' b. Khadij about the renting of land for gold and silver, whereupon he said: There is no harm in it for the people let out land situated near canals and at the ends of the streamlets or portion of fields. (But it so happened) that at times this was destroyed and that was saved. whereas (on other occasions) this portion was saved and the other was destroyed and thus no rent was payable to the people (who let out lands) but for this one (which was saved). It was due to this that he (the Holy Prophet) prohibited it. But if there is something definite and reliable (e. g. money). there is no harm in it.
Hanzala reported that he heard Rafi' b. Khadij (Allah be pleased with him) say:
We were the major agriculturists of the Ansar and so we let out land (saying): The produce of this (part of land) would be ours and (the produce) of that would be theirs. But it so happened that at times this (land) gave harvest, but the other one produced nothing. So he (the Holy Prophet) forbade this. But so far as the payment in silver (dirham, a coin) is concerned, he did not forbid.
I asked Abdullah b. Ma'qil about Muzara'a (cultivating land on share basis in the produce). He said: Thabit b. Dahhak informed me that Allah's Messenger (ﷺ) forbade Muzara'a as Ibn Abu Shaiba forbade it with a slight change of words. He (the narrator) said: I asked Ibn Ma'qil but he did not name 'Abdullah.
We visited 'Abdullah b. Ma'qil and asked him about sharing of crops, whereupon he said: Thabit alleged that Allah's Messenger (ﷺ) forbade Muzara'a and commanded leasing it out on rent (for money) and said: There is no harm in it.
Come along with me to Ibn Rafi b. Khadij in order to listen from him the hadith transmitted on the authority of his father (pertaining to the renting of land) from Allah's Apostle (ﷺ). He (Tawus) scolded him and said: By Allah, it I were to know that Allah's Messenger (ﷺ) had forbidden it, I would have never done it. But it has been narrated to me by one who has better knowledge of it amongst them (and he meant Ibn 'Abbas) that Allah's Messenger (ﷺ) said: It is better if a person lends, his land to his brother (for cultivation) than that he gets recognised rent on it.
حَدَّثَنَا يَحْيَى بْنُ يَحْيَى، أَخْبَرَنَا حَمَّادُ بْنُ زَيْدٍ، عَنْ عَمْرٍو، أَنَّ مُجَاهِدًا، قَالَ لِطَاوُسٍ انْطَلِقْ بِنَا إِلَى ابْنِ رَافِعِ بْنِ خَدِيجٍ فَاسْمَعْ مِنْهُ الْحَدِيثَ عَنْ أَبِيهِ، عَنِ النَّبِيِّ صلى الله عليه وسلم - قَالَ - فَانْتَهَرَهُ قَالَ إِنِّي وَاللَّهِ لَوْ أَعْلَمُ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم نَهَى عَنْهُ مَا فَعَلْتُهُ وَلَكِنْ حَدَّثَنِي مَنْ هُوَ أَعْلَمُ بِهِ مِنْهُمْ - يَعْنِي ابْنَ عَبَّاسٍ - أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ " لأَنْ يَمْنَحَ الرَّجُلُ أَخَاهُ أَرْضَهُ خَيْرٌ لَهُ مِنْ أَنْ يَأْخُذَ عَلَيْهَا خَرْجًا مَعْلُومًا " .
Tawus reported that he let out his land on rent, whereupon Amr said:
I said to him: Abu Abd al-Rahrman, I wish if you abandon this renting of land, for they alleged that Allah's Apostle (ﷺ) forbade Mukhabara. He siad: Amr, one who has informed me has the best knowledge of it among them (he meant Ibn Abbas). (He said) that Allah's Apostle (ﷺ) did not prohibit it altogether, but said: Lending of land by one among you to his brother is better for him than getting a specified amount of produce from it.
وَحَدَّثَنَا ابْنُ أَبِي عُمَرَ، حَدَّثَنَا سُفْيَانُ، عَنْ عَمْرٍو، وَابْنُ، طَاوُسٍ عَنْ طَاوُسٍ، أَنَّهُ كَانَ يُخَابِرُ قَالَ عَمْرٌو فَقُلْتُ لَهُ يَا أَبَا عَبْدِ الرَّحْمَنِ لَوْ تَرَكْتَ هَذِهِ الْمُخَابَرَةَ فَإِنَّهُمْ يَزْعُمُونَ أَنَّ النَّبِيَّ صلى الله عليه وسلم نَهَى عَنِ الْمُخَابَرَةِ . فَقَالَ أَىْ عَمْرُو أَخْبَرَنِي أَعْلَمُهُمْ بِذَلِكَ يَعْنِي ابْنَ عَبَّاسٍ أَنَّ النَّبِيَّ صلى الله عليه وسلم لَمْ يَنْهَ عَنْهَا إِنَّمَا قَالَ " يَمْنَحُ أَحَدُكُمْ أَخَاهُ خَيْرٌ لَهُ مِنْ أَنْ يَأْخُذَ عَلَيْهَا خَرْجًا مَعْلُومًا " .
Ibn Abbas (Allah be pleased with them) reported Allah's Apostle (ﷺ) as saying:
If one among you lets out land to his brother, that is better for him than if he receives such and such (the definite thing). Ibn 'Abbis (Allah be pleased with them) said: It is Haql, and in the parlance of the Ansr it is Muhaqala.