Narrated Saad: We used to lease land for what grew by the streamlets and for what was watered from them. The Messenger of Allah ﷺ forbade us to do that, and commanded us to lease if for gold or silver.
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
This narration has a weak chain of transmission.
However, claiming rights over the produce of different parts of the same field in different ways becomes a cause of dispute.
In this, the rights of both parties are also not properly determined.
Therefore, it is recommended to adopt the method of settling all accounts at once and leasing the land in exchange for a fixed amount of cash.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3391
Hafiz Muhammad Ameen
(1) The aforementioned narration is weak in its chain of transmission; however, based on corroborating evidences, the issue mentioned in the hadith is correct. The researcher of the book has also mentioned its corroborating evidences. Furthermore, in the verification of Sunan Abi Dawud hadith: 3391, he writes that this narration is weak in its chain, yet Abi Dawud’s own hadith: 3395 suffices for it. Therefore, despite the aforementioned narration being weak in its chain, it is correct based on corroborating evidences. And Allah knows best.
(2) “He forbade it” because this type of sharecropping (batai) causes harm to the sharecropper (muzari‘). He does the labor, but the owner of the land takes the good crops, and the sharecropper has to make do with the inferior produce. Therefore, the Prophet sallallahu alayhi wa sallam forbade this. However, if the sharecropping is based on an absolute share (for example: half or one-third of the total produce, etc.), then neither will there be any dispute nor will there be any injustice to the sharecropper. For this reason, this form of sharecropping is permissible. Leasing (the land) is also permissible.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3925