Bukhari

Hadith Commentary:
Law is one thing, and altruism is another.
Hazrat Rafi’ ibn Khadij (radi Allahu anhu) did not describe the law, but rather the way of kindness and altruism. In contrast, Hazrat Abdullah ibn Umar (radi Allahu anhu) is describing the situation of permissibility and non-permissibility.
The purpose of this is that the practice which was prevalent in Madinah, where the owner of the land would take the produce from the area near the canal, was prohibited by the Prophet (sallallahu alayhi wa sallam); he did not prohibit sharecropping (muzara’ah) in an absolute sense.
It is a separate matter if a person, out of sympathy, gives his land to his brother for cultivation.
The Prophet (sallallahu alayhi wa sallam) encouraged this kind of conduct in very splendid words.

Hadith Commentary: The intention of Imam Bukhari rahimahullah in this chapter is that the Messenger of Allah sallallahu alayhi wa sallam made a sharecropping contract with the Jews of Khaybar regarding the land, which continued throughout the Prophet’s lifetime. Afterward, when the Prophet sallallahu alayhi wa sallam passed away, this same arrangement was maintained by Abu Bakr as-Siddiq radi Allahu anhu in his capacity as the Caliph of Islam. When he too passed away, Umar radi Allahu anhu also continued this arrangement at the beginning of his caliphate. Later, due to the Jews’ persistent mischief, they were expelled from Khaybar.

Thus, it is established that if one of the two parties to a contract dies, the contract does not automatically terminate; rather, their heirs will continue it. However, if the contract was conditioned upon the death of either party, then that is a different matter.

The narration also mentions giving land on rent, and that if there is surplus land lying unused—as was the case in the early period of Islam—then in such circumstances, the owners of the land should either cultivate the surplus land themselves or, instead of renting it out, give it free of charge to a needy brother.

Hadith Commentary:
(1)
There is a difference of opinion among the jurists regarding whether the lease (ijarah) is annulled or not upon the death of either the lessor (mu’ajjir) or the lessee (musta’jir). Imam Malik, Imam Shafi’i, and Imam Ahmad rahimahumullah say that the death of either party is not a reason for the annulment of the lease (ijarah). However, according to the scholars of Kufa, such a lease is annulled. Imam Bukhari rahimahullah has established from hadiths and traditions that in such circumstances, the lease (ijarah) will not be annulled. This is also the position of the majority, which he has adopted. (Fath al-Bari: 4/583)

(2)
Imam Bukhari rahimahullah has mentioned several narrations under this chapter heading:
In the first narration, it is stated that the Messenger of Allah sallallahu alayhi wa sallam appointed the Jews over the agricultural land of Khaybar.
In the second narration, it is mentioned that during the blessed era of the Messenger of Allah sallallahu alayhi wa sallam, agricultural lands were given on lease for a fixed rent.
The third narration is from Rafi’ ibn Khadij radi Allahu anhu, in which leasing land is prohibited.
In the fourth narration, it is stated that Umar radi Allahu anhu exiled the Jews.
Regarding giving the land of Khaybar on sharecropping (bata’i), two narrators report from Nafi’:
One is Juwayriyyah ibn Asma’ and the other is Ubaydullah.
Ubaydullah has mentioned at the end of the hadith that Umar radi Allahu anhu exiled those Jews due to their mischief.
Imam Muslim has narrated this report with a connected chain.
(Sahih Muslim, al-Musaqat wa al-Muzara’ah, Hadith: 3967(1551))
We will present our remarks regarding giving land on lease in the Book of Agriculture and Cultivation (Kitab al-Harth wa al-Zira’ah).

Imam Ibn Taymiyyah rahimahullah holds the view that Abdullah ibn Umar radi Allahu anhu considered the form of sharecropping mentioned in this hadith to be permissible and also practiced it, because he was not aware of the prohibition. Later, when he was informed about Rafi‘ ibn Khadij radi Allahu anhu regarding this matter, he refrained from it. As is mentioned in hadith:3935.