سنن ابي داود
Abu Dawud
كتاب البيوعCommercial Transactions (Kitab Al-Buyu)
باب فِي التَّشْدِيدِ فِي ذَلِكَChapter: Regarding The Stern Warning Concerning That.
Hadith 3398
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ كَثِيرٍ ، أَخْبَرَنَا سُفْيَانُ ، عَنْ مَنْصُورٍ ، عَنْ مُجَاهِدٍ ، أَنَّ أُسَيْدَ بْنَ ظُهَيْرٍ ، قَالَ : جَاءَنَا رَافِعُ بْنُ خَدِيجٍ ، فَقَالَ : إِنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، " يَنْهَاكُمْ عَنْ أَمْرٍ كَانَ لَكُمْ نَافِعًا ، وَطَاعَةُ اللَّهِ وَطَاعَةُ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَنْفَعُ لَكُمْ ، إِنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَنْهَاكُمْ عَنِ الْحَقْلِ ، وَقَالَ : مَنِ اسْتَغْنَى عَنْ أَرْضِهِ ، فَلْيَمْنَحْهَا أَخَاهُ أَوْ لِيَدَعْ " ، قَالَ أَبُو دَاوُد : وَهَكَذَا رَوَاهُ شُعْبَةُ ، وَمُفَضَّلُ بْنُ مُهَلْهَلٍ ،عَنْ مَنْصُورٍ ، قَالَ شُعْبَةُ : أُسَيْدٌ ابْنُ أَخِي رَافِعِ بْنِ خَديِجٍ .
Narrated Usaid bin Zuhair: Rafi bin Khadij came to us and said: The Messenger of Allah ﷺ forbids you from a work which is beneficial to you ; and obedience to Allah and His Prophet ﷺ is more beneficial to you. The Messenger of Allah ﷺ forbids you from renting land for share of its produce and he said: If anyone if not in need of his land he should lend it to his brother or leave it. Abu Dawud said: Shubah and Mufaddal bin Muhalhal have narrated it from Mansur in similar way. Shubah said (in his version): Usaid, nephew of Rafi b, Khadij.
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
➊
Allamah Shawkani writes in Nayl al-Awtar that this hadith has been narrated in a concise form. In the detailed narration, the words of Usayd bin Zuhayr are as follows: When any one of us did not wish to cultivate his land himself, or he was in need, he would give it on sharecropping for half, a third, or a quarter of the produce. And three conditions would be stipulated: the cultivation along the water channels, after the grain was harvested, whatever remained below; and those plots that were irrigated by the channels (would belong to the owner), etc. (Nayl al-Awtar: 5/312, Chapter: The invalidity of the contract if one of them stipulates for himself the straw or a specific plot, and the like)
➋
Even in the case of leaving the land uncultivated, there are many benefits. The grass that grows on this land is grazed by animals. Natural plants and the small and large animals that live among them maintain the balance of the environment.
➊
Allamah Shawkani writes in Nayl al-Awtar that this hadith has been narrated in a concise form. In the detailed narration, the words of Usayd bin Zuhayr are as follows: When any one of us did not wish to cultivate his land himself, or he was in need, he would give it on sharecropping for half, a third, or a quarter of the produce. And three conditions would be stipulated: the cultivation along the water channels, after the grain was harvested, whatever remained below; and those plots that were irrigated by the channels (would belong to the owner), etc. (Nayl al-Awtar: 5/312, Chapter: The invalidity of the contract if one of them stipulates for himself the straw or a specific plot, and the like)
➋
Even in the case of leaving the land uncultivated, there are many benefits. The grass that grows on this land is grazed by animals. Natural plants and the small and large animals that live among them maintain the balance of the environment.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3398
Maulana Ataullah Sajid
Benefits and Issues:
➊
From this hadith, it is understood that the condition regarding half or a quarter of the yield that is prohibited is such that the produce from a specific portion of the land is stipulated for the owner of the land.
The owner would usually select a portion that was located near a water channel or irrigation ditch, etc., because there was an expectation of greater yield from it.
➋
It is permissible to stipulate a condition for half, one-third, or one-quarter of the total yield of the field.
➌
Instead of sharecropping (batai), it is preferable to give the land on loan (ariyah).
➍
Obeying the command of the Messenger of Allah (sallallahu alayhi wa sallam) is more important than apparent worldly benefit, because in following the Prophetic instruction lies benefit for the Hereafter.
➊
From this hadith, it is understood that the condition regarding half or a quarter of the yield that is prohibited is such that the produce from a specific portion of the land is stipulated for the owner of the land.
The owner would usually select a portion that was located near a water channel or irrigation ditch, etc., because there was an expectation of greater yield from it.
➋
It is permissible to stipulate a condition for half, one-third, or one-quarter of the total yield of the field.
➌
Instead of sharecropping (batai), it is preferable to give the land on loan (ariyah).
➍
Obeying the command of the Messenger of Allah (sallallahu alayhi wa sallam) is more important than apparent worldly benefit, because in following the Prophetic instruction lies benefit for the Hereafter.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2460
Hafiz Muhammad Ameen
However, this form of muzabanah is permissible for poor people in small quantities (up to fifteen or twenty mann) for eating and drinking, because this is their necessity and the Shari‘ah takes necessities into consideration. But it is not permissible in large quantities on a commercial basis.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3895
