سنن ابي داود
Abu Dawud
كتاب البيوعCommercial Transactions (Kitab Al-Buyu)
باب فِي التَّشْدِيدِ فِي ذَلِكَChapter: Regarding The Stern Warning Concerning That.
Hadith 3402
اُردوEn
حَدَّثَنَا هَارُونُ بْنُ عَبْدِ اللَّهِ ، حَدَّثَنَا الْفَضْلُ بْنُ دُكَيْنٍ ، حَدَّثَنَا بُكَيْرٌ يَعْنِي ابْنَ عَامِرٍ ، عَنْ ابْنِ أَبِي نُعْمٍ ، حَدَّثَنِي رَافِعُ بْنُ خَدِيجٍ ، أَنَّهُ زَرَعَ أَرْضًا ، " فَمَرَّ بِهِ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَهُوَ يَسْقِيهَا ، فَسَأَلَهُ ، لِمَنِ الزَّرْعُ ، وَلِمَنِ الْأَرْضُ ؟ ، فَقَالَ : زَرْعِي بِبَذْرِي ، وَعَمَلِي لِي الشَّطْرُ ، وَلِبَنِي فُلَانٍ الشَّطْرُ ، فَقَالَ : أَرْبَيْتُمَا ، فَرُدَّ الْأَرْضَ عَلَى أَهْلِهَا وَخُذْ نَفَقَتَكَ " .
Narrated Rafi ibn Khadij: Rafi had cultivated a land. The Prophet ﷺ passed him when he was watering it. So he asked him: To whom does the crop belong, and to whom does the land belong? He replied: The crop is mine for my seed and labour. The half (of the crop) is mine and the half for so-and-so. He said: You conducted usurious transaction. Return the land to its owner and take your wages and cost.
Related hadith on this topic
Explanation & Benefits
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
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 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
