سنن ابي داود
Abu Dawud
كتاب البيوعCommercial Transactions (Kitab Al-Buyu)
باب فِي التَّشْدِيدِ فِي ذَلِكَChapter: Regarding The Stern Warning Concerning That.
Hadith 3399
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ بَشَّارٍ ، حَدَّثَنَا يَحْيَى ، حَدَّثَنَا أَبُو جَعْفَرٍ الْخَطْمِيُّ ، قَالَ : بَعَثَنِي عَمِّي أَنَا ، وَغُلَامًا لَهُ ، إِلَى سَعِيدِ بْنِ الْمُسَيِّبِ ، قَالَ : فَقُلْنَا لَهُ شَيْءٌ بَلَغَنَا عَنْكَ فِي الْمُزَارَعَةِ ، قَالَ : كَانَ ابْنُ عُمَرَ لَا يَرَى بِهَا بَأْسًا حَتَّى بَلَغَهُ ، عَنْ رَافِعِ بْنِ خَدِيجٍ حَدِيثٌ ، فَأَتَاهُ فَأَخْبَرَهُ رَافِعٌ ، أَنَّ ّرَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، أَتَى بَنِي حَارِثَةَ ، فَرَأَى زَرْعًا فِي أَرْضِ ظُهَيْرٍ ، فَقَالَ : " مَا أَحْسَنَ زَرْعَ ظُهَيْرٍ ، قَالُوا : لَيْسَ لِظُهَيْرٍ ، قَالَ : أَلَيْسَ أَرْضُ ظُهَيْرٍ ؟ ، قَالُوا : بَلَى ، وَلَكِنَّهُ زَرْعُ فُلَانٍ . قَالَ : فَخُذُوا زَرْعَكُمْ ، وَرُدُّوا عَلَيْهِ النَّفَقَةَ " ، قَالَ رَافِعٌ : فَأَخَذْنَا زَرْعَنَا ، وَرَدَدْنَا إِلَيْهِ النَّفَقَةَ ، قَالَ سَعِيدٌ : أَفْقِرْ أَخَاكَ أَوْ أَكْرِهِ بِالدَّرَاهِمِ " .
Abu Jafar al-Khatmi said: My uncle sent me and his slave to Saeed ibn al-Musayyab. We said to him, there is something which has reached us about sharecropping. He replied: Ibn Umar did not see any harm in it until a tradition reached him from Rafi ibn Khadij. He then came to him and Rafi told him that the Messenger of Allah ﷺ came to Banu Harithah and saw crop in the land of Zuhayr. He said: What an excellent crop of Zuhayr is! They said: It does not belong to Zuhayr. He asked: Is this not the land of Zuhayr? They said: Yes, but the crop belongs to so-and-so. He said: Take your crop and give him the wages. Rafi said: We took our crop and gave him the wages. Saeed (ibn al-Musayyab) said: Lend your brother or employ him for dirhams.
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
This land, as Hazrat Rafi' himself explained in Hadith 3392, was given according to a single prevalent method.
In which there were unlawful conditions.
The shares of both parties were not clear and specified.
And there was a possibility of conflict.
Therefore, the Messenger of Allah (sallallahu alayhi wa sallam) ordered the annulment of this contract of sharecropping (muzara'ah).
This land, as Hazrat Rafi' himself explained in Hadith 3392, was given according to a single prevalent method.
In which there were unlawful conditions.
The shares of both parties were not clear and specified.
And there was a possibility of conflict.
Therefore, the Messenger of Allah (sallallahu alayhi wa sallam) ordered the annulment of this contract of sharecropping (muzara'ah).
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3399
Hafiz Muhammad Ameen
(1) The details of this issue have already been discussed previously. (See, Hadith: 3893)
(2) "Return the expenses"—it is as if, on the basis of this invalid contract, it became like someone cultivated another's land without permission. And the ruling for unauthorized cultivation is precisely this: the land belongs to the owner of the land, and the one who cultivated without permission will be reimbursed for his expenses.
(2) "Return the expenses"—it is as if, on the basis of this invalid contract, it became like someone cultivated another's land without permission. And the ruling for unauthorized cultivation is precisely this: the land belongs to the owner of the land, and the one who cultivated without permission will be reimbursed for his expenses.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3920
Shaykh Umar Farooq Saeedi
Benefits and Issues:
This narration has a weak chain of transmission.
But when combined with another narration, from the statement of the Prophet (sallallahu alayhi wa sallam): "You both engaged in a usurious transaction,"
it becomes clear that in agreements regarding water channels, irrigation paths, etc., the shares of the parties in the produce are not determined.
And, similar to riba (usury), one of the parties takes the right of the other without any compensation.
Therefore, this is prohibited.
This narration has a weak chain of transmission.
But when combined with another narration, from the statement of the Prophet (sallallahu alayhi wa sallam): "You both engaged in a usurious transaction,"
it becomes clear that in agreements regarding water channels, irrigation paths, etc., the shares of the parties in the produce are not determined.
And, similar to riba (usury), one of the parties takes the right of the other without any compensation.
Therefore, this is prohibited.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3402
