سنن ابي داود
Abu Dawud
كتاب البيوعCommercial Transactions (Kitab Al-Buyu)
باب فِي الْمُسَاقَاةِChapter: Regarding Musaqah.
Hadith 3410
اُردوEn
حَدَّثَنَا أَيُّوبُ بْنُ مُحَمَّدٍ الرَّقِّيُّ ، حَدَّثَنَا عُمَرُ بْنُ أَيُّوبَ ، حَدَّثَنَا جَعْفَرُ بْنُ بُرْقَانَ ، عَنْ مَيْمُونِ بْنِ مِهْرَانَ ، عَنْ مِقْسَمٍ ، عَنِ ابْنِ عَبَّاسٍ ، قَالَ : " افْتَتَحَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ خَيْبَرَ ، وَ اشْتَرَطَ أَنَّ لَهُ الْأَرْضَ وَكُلَّ صَفْرَاءَ وَبَيْضَاءَ " ، قَالَ : أَهْلُ خَيْبَرَ ، نَحْنُ أَعْلَمُ بِالْأَرْضِ مِنْكُمْ فَأَعْطِنَاهَا عَلَى أَنَّ لَكُمْ نِصْفَ الثَّمَرَةِ وَلَنَا نِصْفٌ ، فَزَعَمَ أَنَّهُ أَعْطَاهُمْ عَلَى ذَلِكَ ، فَلَمَّا كَانَ حِينَ يُصْرَمُ النَّخْلُ بَعَثَ إِلَيْهِمْ عَبْدَ اللَّهِ بْنَ رَوَاحَةَ ، فَحَزَرَ عَلَيْهِمُ النَّخْلَ وَهُوَ الَّذِي يُسَمِّيهِ أَهْلُ الْمَدِينَةِ الْخَرْصَ ، فَقَالَ : فِي ذِهْ كَذَا وَكَذَا ، قَالُوا : أَكْثَرْتَ عَلَيْنَا يَا ابْنَ رَوَاحَةَ ، فَقَالَ : فَأَنَا أَلِي حَزْرَ النَّخْلِ ، وَأُعْطِيكُمْ نِصْفَ الَّذِي قُلْتُ ، قَالُوا : هَذَا الْحَقُّ وَبِهِ تَقُومُ السَّمَاءُ وَالْأَرْضُ قَدْ رَضِينَا أَنْ نَأْخُذَهُ بِالَّذِي قُلْتَ " .
Narrated Ibn Abbas: The Messenger of Allah ﷺ conquered Khaibar, and stipulated that all the land, gold and silver would belong to him. The people of Khaibar said: we know the land more than you ; so give it to us on condition that you should have half of the produce and we would have the half. He then gave it to them on that condition. When the time of picking the fruits of the palm-trees came, he sent Abdullah bin Rawahah to them, and he assessed the among of the fruits of the palm-trees. This is what the people of Madina call khars (assessment). He used to say: In these palm-trees there is such-and-such amount (of produce). They would say: You assessed more to us, Ibn Rawahah (than the real amount). He would say: I first take the responsibility of assessing the fruits of the palm-trees and give you half of (the amount) I said. They would say: This is true, and on this (equity) stand the heavens and the earth. We agreed that we should take (the amount which) you said.
Related hadith on this topic
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
➊
The land that is seized from disbelievers through battle becomes the property of the Islamic state; this is called kharaji land.
Its produce is used for the benefit of the country and the nation at the discretion of the Khalifah of the Muslims.
➋
Muzara‘ah (sharecropping), meaning that the owner of the land, instead of cultivating it himself, asks someone else to cultivate it, and the produce is divided equally or according to a mutually agreed upon ratio, is permissible.
➌
Such an agreement can also be made regarding orchards of dates, grapes, and the like.
➍
Trade relations can be established with dhimmis and non-Muslims, provided that no transaction is contrary to Islamic laws.
➎
For fruits that are consumed fresh before drying, their quantity can be determined by estimation so that the agreed amount can be collected once they are dried.
➏
The Jews accused of a false estimation because they hoped to bribe someone to reduce the estimate, but Abdullah bin Rawahah radi Allahu anhu refused to abandon honesty.
➐
Abdullah bin Rawahah radi Allahu anhu, after making an estimation according to the law, gave the Jews the option that at the time of harvesting, they could pay half of the estimated produce—that is, the Muslims’ share—and continue to use the rest at their convenience, both now and later.
Upon their objection, he said: “Fine, we will pay you this amount and harvest the fruit ourselves, so that if, as you claim, there is any loss, it will be upon us.” For example:
If the produce of someone’s trees is estimated at one hundred man, then according to the principle, the Jews should give fifty man of dates to the Muslims. But if they believe the produce is not one hundred but eighty (80) man, then we will harvest all the fruit ourselves and give them fifty man from it.
If their objection is true, then by accepting this offer, they would benefit by ten man. But since Abdullah bin Rawahah’s estimation was correct, the Jews did not accept this offer, and their share was collected according to the correct estimation.
➑
Acting with justice brings collective benefit, due to which the one who adheres to justice remains successful in this world and the Hereafter, whereas in the case of injustice, even the perpetrator cannot remain safe from its evil effects.
➒
Other issues related to agriculture will be mentioned in Kitab al-Tijarat (Book of Trade) and Kitab al-Ruhun (Book of Pledges), insha’Allah.
➊
The land that is seized from disbelievers through battle becomes the property of the Islamic state; this is called kharaji land.
Its produce is used for the benefit of the country and the nation at the discretion of the Khalifah of the Muslims.
➋
Muzara‘ah (sharecropping), meaning that the owner of the land, instead of cultivating it himself, asks someone else to cultivate it, and the produce is divided equally or according to a mutually agreed upon ratio, is permissible.
➌
Such an agreement can also be made regarding orchards of dates, grapes, and the like.
➍
Trade relations can be established with dhimmis and non-Muslims, provided that no transaction is contrary to Islamic laws.
➎
For fruits that are consumed fresh before drying, their quantity can be determined by estimation so that the agreed amount can be collected once they are dried.
➏
The Jews accused of a false estimation because they hoped to bribe someone to reduce the estimate, but Abdullah bin Rawahah radi Allahu anhu refused to abandon honesty.
➐
Abdullah bin Rawahah radi Allahu anhu, after making an estimation according to the law, gave the Jews the option that at the time of harvesting, they could pay half of the estimated produce—that is, the Muslims’ share—and continue to use the rest at their convenience, both now and later.
Upon their objection, he said: “Fine, we will pay you this amount and harvest the fruit ourselves, so that if, as you claim, there is any loss, it will be upon us.” For example:
If the produce of someone’s trees is estimated at one hundred man, then according to the principle, the Jews should give fifty man of dates to the Muslims. But if they believe the produce is not one hundred but eighty (80) man, then we will harvest all the fruit ourselves and give them fifty man from it.
If their objection is true, then by accepting this offer, they would benefit by ten man. But since Abdullah bin Rawahah’s estimation was correct, the Jews did not accept this offer, and their share was collected according to the correct estimation.
➑
Acting with justice brings collective benefit, due to which the one who adheres to justice remains successful in this world and the Hereafter, whereas in the case of injustice, even the perpetrator cannot remain safe from its evil effects.
➒
Other issues related to agriculture will be mentioned in Kitab al-Tijarat (Book of Trade) and Kitab al-Ruhun (Book of Pledges), insha’Allah.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 1820
