سنن ابي داود
Abu Dawud
كتاب البيوعCommercial Transactions (Kitab Al-Buyu)
باب فِي زَرْعِ الأَرْضِ بِغَيْرِ إِذْنِ صَاحِبِهَاChapter: Regarding Cultivating Land Without The Permission Of Its Owner.
Hadith 3403
اُردوEn
حَدَّثَنَا قُتَيْبَةُ بْنُ سَعِيدٍ ، حَدَّثَنَا شَرِيكٌ ، عَنْ أَبِي إِسْحَاق ، عَنْ عَطَاءٍ ، عَنْ رَافِعِ بْنِ خَدِيجٍ ، قَالَ : قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " مَنْ زَرَعَ فِي أَرْضِ قَوْمٍ بِغَيْرِ إِذْنِهِمْ ، فَلَيْسَ لَهُ مِنَ الزَّرْعِ شَيْءٌ وَلَهُ نَفَقَتُهُ " .
Narrated Rafi ibn Khadij: The Prophet ﷺ said: If anyone sows in other people's land without their permission, he has no right to any of the crop, but he may have what it cost him.
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
It is not permissible to make use of someone else's owned land without permission.
It is not permissible to make use of someone else's owned land without permission.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3403
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
And this is the preferred opinion. In contrast, some people hold the view that the crop will belong to the usurper, and the owner of the land will take rent for the land from him. However, there is no evidence for this opinion that can be presented in opposition to this hadith.
1:
And this is the preferred opinion. In contrast, some people hold the view that the crop will belong to the usurper, and the owner of the land will take rent for the land from him. However, there is no evidence for this opinion that can be presented in opposition to this hadith.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1366
Maulana Ataullah Sajid
Benefits and Issues:
➊
Our esteemed researcher has declared the mentioned narration weak in its chain of transmission, while other scholars have considered it authentic. Therefore, despite the mentioned narration being weak in its chain, it is still actionable and a valid proof.
For further details, see: (al-Mawsu‘ah al-Hadithiyyah, Musnad al-Imam Ahmad: 25/138, 142; al-Irwa’ by al-Albani no. 1519; al-Da‘ifah: 1/141, hadith: 88)
➋
Just as giving land to someone for cultivation as a loan (ariyah) without compensation is a deed of great reward, similarly, cultivating someone’s land without their permission is a grave sin.
If a person cultivates another’s land without permission, the punishment is that the produce must be given to the owner of the land.
➌
In this case, only the expenses incurred by the cultivator will be returned to him, such as the price of seeds and fertilizer, or if a tractor was hired for plowing, then the tractor’s rent, etc.
He will not be given any compensation for his labor.
This is his punishment: he will receive neither the crop nor any compensation for his labor.
➊
Our esteemed researcher has declared the mentioned narration weak in its chain of transmission, while other scholars have considered it authentic. Therefore, despite the mentioned narration being weak in its chain, it is still actionable and a valid proof.
For further details, see: (al-Mawsu‘ah al-Hadithiyyah, Musnad al-Imam Ahmad: 25/138, 142; al-Irwa’ by al-Albani no. 1519; al-Da‘ifah: 1/141, hadith: 88)
➋
Just as giving land to someone for cultivation as a loan (ariyah) without compensation is a deed of great reward, similarly, cultivating someone’s land without their permission is a grave sin.
If a person cultivates another’s land without permission, the punishment is that the produce must be given to the owner of the land.
➌
In this case, only the expenses incurred by the cultivator will be returned to him, such as the price of seeds and fertilizer, or if a tractor was hired for plowing, then the tractor’s rent, etc.
He will not be given any compensation for his labor.
This is his punishment: he will receive neither the crop nor any compensation for his labor.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2466
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه أبوداود، البيوع، باب في زرع الأرض بغير إذن صاحبها، حديث:3403، والترمذي، الأحكام، حديث:1366، وابن ماجه، الرهون، حديث:2466، وأحمد:4 /141.* عطاء لم يسمع من رافع رضي الله عنه، وأبوإسحاق عنعن.»©Explanation:
The aforementioned narration has been declared weak in its chain of transmission (sanadan) by our esteemed researcher, whereas other scholars have deemed it authentic due to supporting evidences (shawahid) and corroborating narrations (mutaba‘at), and they have engaged in a thorough discussion regarding this, from which the opinion favoring the authentication of the hadith appears to be closer to correctness.
Therefore, despite the aforementioned narration being weak in its chain, it is considered authoritative and actionable due to other supporting evidences and corroborations.
And Allah knows best.
For further details, see: (Al-Mawsu‘ah al-Hadithiyyah, Musnad al-Imam Ahmad: 25/138, 142; Al-Irwa’, no. 1519; Al-Da‘ifah: 1/141, Hadith: 88)
«أخرجه أبوداود، البيوع، باب في زرع الأرض بغير إذن صاحبها، حديث:3403، والترمذي، الأحكام، حديث:1366، وابن ماجه، الرهون، حديث:2466، وأحمد:4 /141.* عطاء لم يسمع من رافع رضي الله عنه، وأبوإسحاق عنعن.»©Explanation:
The aforementioned narration has been declared weak in its chain of transmission (sanadan) by our esteemed researcher, whereas other scholars have deemed it authentic due to supporting evidences (shawahid) and corroborating narrations (mutaba‘at), and they have engaged in a thorough discussion regarding this, from which the opinion favoring the authentication of the hadith appears to be closer to correctness.
Therefore, despite the aforementioned narration being weak in its chain, it is considered authoritative and actionable due to other supporting evidences and corroborations.
And Allah knows best.
For further details, see: (Al-Mawsu‘ah al-Hadithiyyah, Musnad al-Imam Ahmad: 25/138, 142; Al-Irwa’, no. 1519; Al-Da‘ifah: 1/141, Hadith: 88)
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 757
