Toggle above to switch between keyword search and direct hadith lookup
الفتح الربانی
Fath al-Rabbani
Book
بَابُ مَا جَاءَ فِي الرَّجُلِ يُحْيِي الْأَرْضَ بِغَرْسِ شَجَرٍ أَوْ حَفْرِ بَيْر فَمَاذَا يَكُونُ حَرَمُهَا؟Chapter: What has been reported regarding a man who revives land by planting trees or digging a well—what is its protected area?
Hadith 6166
اُردوEn
عَنْ عُبَادَةَ بْنِ الصَّامِتِ رَضِيَ اللَّهُ عَنْهُ أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ قَضَى فِي النَّخْلَةِ أَوِ النَّخْلَتَيْنِ أَوِ الثَّلَاثِ فَيَخْتَلِفُونَ فِي حُقُوقِ ذَلِكَ فَقَضَى أَنَّ لِكُلِّ نَخْلَةٍ مِنْ أُولَئِكَ مَبْلَغَ جَرِيدَتِهَا حَيِّزٌ لَهَا
It is narrated from Sayyiduna Ubadah bin Samit (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) gave a ruling regarding one, two, or three date palm trees, when people were disputing about their rights. The Prophet (peace and blessings be upon him) ruled that wherever the branches of each date palm reach, that area will be considered as the domain of that tree.
Brief Explanation
Benefits: … It is narrated from Sayyiduna Abu Sa‘id al-Khudri radi Allahu anhu that two men brought a dispute regarding the enclosure of a date-palm tree to the Prophet sallallahu alayhi wa sallam. The Prophet sallallahu alayhi wa sallam ordered that the date-palm tree be measured, and it turned out to be seven cubits. In another narration, it is mentioned that the tree was five cubits high, so the Prophet sallallahu alayhi wa sallam gave a verdict accordingly. (Abu Dawud: 3640)
There are two narrations regarding the enclosure of the date-palm tree, and there are two ways to reconcile and harmonize them: (1) These are two different incidents, and wherever the relevant rule is appropriate, the verdict will be given accordingly. (2) The hadith of Sayyiduna ‘Ubadah radi Allahu anhu explains the hadith of Sayyiduna Abu Sa‘id radi Allahu anhu, meaning that the Prophet sallallahu alayhi wa sallam ordered that a branch of the date-palm be shaped to the length of one cubit and that the measurement of the date-palm be done with it.
The first scenario is more appropriate, and that is: the verdict regarding the tall tree will be given in light of the hadith of Sayyiduna ‘Ubadah radi Allahu anhu, and the verdict regarding the shorter tree will be given in light of the hadith of Sayyiduna Abu Sa‘id radi Allahu anhu. This will be the enclosure of the date-palm tree; if another person wishes to benefit from that land, his right will be after this enclosure.
There are two narrations regarding the enclosure of the date-palm tree, and there are two ways to reconcile and harmonize them: (1) These are two different incidents, and wherever the relevant rule is appropriate, the verdict will be given accordingly. (2) The hadith of Sayyiduna ‘Ubadah radi Allahu anhu explains the hadith of Sayyiduna Abu Sa‘id radi Allahu anhu, meaning that the Prophet sallallahu alayhi wa sallam ordered that a branch of the date-palm be shaped to the length of one cubit and that the measurement of the date-palm be done with it.
The first scenario is more appropriate, and that is: the verdict regarding the tall tree will be given in light of the hadith of Sayyiduna ‘Ubadah radi Allahu anhu, and the verdict regarding the shorter tree will be given in light of the hadith of Sayyiduna Abu Sa‘id radi Allahu anhu. This will be the enclosure of the date-palm tree; if another person wishes to benefit from that land, his right will be after this enclosure.
