Bukhari

Hadith Commentary:

It has been detailed previously that most of the Muhajirun used to cultivate the lands of the Ansar on the basis of sharecropping (batai).
Therefore, giving land on sharecropping is undoubtedly permissible; the matter of precaution is a separate issue.

Hadith Commentary:
(1)
Hazrat Rafi‘ bin Khadij (radi Allahu anhu) used to prohibit, in absolute terms, giving land on sharecropping. However, Abdullah bin ‘Umar (radi Allahu anhu) did not accept this position. He stated that the Messenger of Allah (sallallahu alayhi wa sallam) had prohibited a specific form, because land was given in exchange for the produce of a particular portion, and this involved loss and deception: sometimes one side would yield produce while the other would be struck by calamity, and sometimes the opposite would occur, which led to disputes among people. Sometimes the owner of the land would be deprived of the produce, and sometimes the sharecropper would suffer loss. Therefore, there is no prohibition in giving land on sharecropping for a quarter, a third, or half of the produce.

(2)
Imam Bukhari (rahimahullah) has mentioned the hadith of Hazrat Salim (rahimahullah) to clarify the hadith of Hazrat Rafi‘ bin Khadij (radi Allahu anhu). Sayyiduna Abdullah bin ‘Umar (radi Allahu anhu) was a pious person. For a long time, he acted upon a certain matter, but then he became doubtful about it. Eventually, he acted upon the information of Hazrat Rafi‘ bin Khadij (radi Allahu anhu) and, out of caution, refrained from giving land on rent. In any case, the law is one thing, and the aspect of altruism and sympathy holds a separate status.

(3)
The information of Hazrat Rafi‘ bin Khadij (radi Allahu anhu) cannot be given the status of law; rather, from it, the aspect of benevolence and altruism is highlighted: that if a person, out of sympathy, gives his land to his brother for cultivation, then the Messenger of Allah (sallallahu alayhi wa sallam) has encouraged such conduct in splendid words. This appears to be the purpose of Imam Bukhari (rahimahullah) in this chapter and the ahadith he has presented. And Allah knows best.

Hadith Commentary: Hafiz (rahimahullah) states:

The scholars are unanimously agreed that it is not permissible to sell crops before they are harvested along with the grain, because this is the sale of an unknown (majhool) item for a known one. As for selling the fresh (rutab) of that crop with its dried (yabis) after harvesting and when equivalence is possible, the majority do not permit the sale of any such thing.

That is, there is consensus among the scholars that it is not correct to sell the crop along with the grain before it is harvested. This is because it is the sale of an unknown item with a known one. In this, there is the possibility of loss for both parties. Similarly, after harvesting the fresh crop, selling it with the dried one—the majority of scholars declare all such sales impermissible. In all these cases, there is the possibility of both profit and loss. And the Shari‘ah of Muhammad (sallallahu alayhi wa sallam) declares all such sales, in which possible loss exists, to be impermissible.

Hadith Commentary:
(1)
In this hadith, three types of sales have been prohibited:
The first is selling dates still attached to the date palm, measured by volume, in exchange for dried dates.
This is called muzabana.
The second is selling grapes still on the vine, measured by volume, in exchange for dried raisins.
This is also called muzabana.
The third is selling standing crops, measured by volume, in exchange for harvested grain.
This is called muhaqala.
This too is not permissible.
The common factor in all these is that an unknown (majhool) item is being sold in exchange for a known (ma'loom) item.
(2)
Hafiz Ibn Hajar rahimahullah has transmitted, on the authority of Ibn Battal, the consensus (ijma') of the scholars that it is not permissible to sell crops for grain before harvesting, because there is a possibility of loss for both parties.
Similarly, after harvesting, it is not permissible to sell fresh ears of grain in exchange for dried grain. However, the Hanafi scholars say that if the fruit is picked and piled up, then since its quantity can be estimated, in this case buying and selling is permissible. But this entails clear opposition to the explicit text.
(Fath al-Bari: 4/510)

Hadith Commentary:
That is, it is not permissible to sell fresh dates that have not yet been picked from the tree, or grapes that have not yet been plucked from the vine, in exchange for an estimated amount of dried dates or raisins, because there is a possibility of increase or decrease (in quantity).

Hadith Commentary:
(1)
In some narrations, the buying and selling of crops from the harvest is mentioned, and such transactions are prohibited.
(Musnad Ahmad: 5/2)
In this hadith, the word "thamar" refers to dried dates, not every fruit, because the sale and purchase of other fruits in exchange for dates is permissible.
The mention of selling by measure in the hadith is according to the actual situation, because at that time people used to buy and sell by measure. However, such an exchange is absolutely impermissible, whether it is done by measure or without measure.
In one hadith, it is mentioned that the Messenger of Allah (sallallahu alayhi wa sallam) was asked:
"Can fresh dates be sold in exchange for dried dates?" He replied:
"Do they not become less in weight when they dry?" The people said:
"Yes," so he forbade it.
(Sunan Abi Dawud, Al-Buyu', Hadith: 3359)
(2)
Although food (ta‘am) is not mentioned in the hadith, the title has been established based on the meaning.
In some narrations, food is also mentioned; perhaps Imam Bukhari (rahimahullah) alluded to those.
(Fath al-Bari: 4/475)
In any case, those dates which have not been plucked from the trees, and likewise those grapes which are still on the vines, it is not permissible to estimate and sell them in exchange for dried dates or raisins, because there is a risk of harm to one of the parties. However, in the case of ‘ariyah (a specific concession), this is allowed, the details of which will come ahead.

Hadith Commentary: Benefits and Issues:
It is established from this hadith that it is not permissible to sell all types of fruits that have not yet been harvested by measuring them against the quantity of dried fruit.
There is a difference of opinion regarding the concession (rukhsah) in this sale of ‘ariyah (عرایا): is it related to every type of fruit or not? According to Imam Ahmad, Layth, and the scholars of Hijaz, the concession pertains only to dates, unless the fruit is not of a usurious (ribawi) type (i.e., there is no possibility of interest involved).
According to Imam Shafi‘i, the concession applies to both dates and grapes.
According to Imam Malik, it applies to every fruit that can be stored.
According to Imam Awza‘i, the concession applies to every type of fruit.
And according to the Hanafis, this is a substitution of a gift (hibah), so it should be permissible for every fruit. And what appears to be correct is that it pertains to every fruit in which there is a difference between its fresh and dried state.

Hadith Commentary:
Benefits and Issues:
Increase and decrease is for me.
This statement can be from both the seller and the buyer.
From the perspective of the seller, it will pertain to dried fruit, and from the perspective of the buyer, it will pertain to fresh fruit, that is, the fruit present on the tree.

Benefits and Issues:
➊
To sell fresh fruit attached to a tree or vine, whose quantity cannot be precisely determined, in exchange for a known and specified amount of dried fruit of the same type, or to sell a wheat field in exchange for dried wheat, is called muzabana.

➋
When exchanging one type of commodity for the same type, no distinction can be made between fresh and dried, or between superior and inferior quality. Both must be exchanged on the spot and in equal amounts. Then, if desired, each may be sold separately for cash. However, ‘ariyah (temporary transfer of fruit for consumption) is permissible, as will be mentioned.

➌
There is also the aspect of the value being unknown in this matter, because the final weight or measure of dates attached to the tree cannot be determined.

➍
Fresh dates decrease in quantity upon drying, and the prohibition of selling fresh dates in exchange for dried dates has been explicitly stated.

These transactions are called muzabanah and muhaqalah. The reason for their prohibition has already been mentioned in Hadith number: 4538. (For further details, see Fawa’id wa Masa’il, Hadith: 3910)

The reason for the prohibition of muzabanah is that there is a possibility of harm to one of the parties. It is possible that fewer dates may be harvested from the tree, and in any case, dates decrease in quantity when they dry.

“That if the fruit of the date-palm…”—this phrase is from the perspective of the buyer of the fruit, because its benefit or loss pertains to him.

The narration is concise, meaning that the Prophet (sallallahu alayhi wa sallam) forbade this particular form of sharecropping (muzara'ah) because it contains an unlawful condition: the owner will take the crop from the good land, and the sharecropper will get the crop from the inferior land. Furthermore, the owner will take a fixed amount of the harvest, whether or not that much remains for the sharecropper, or even if nothing at all remains. This is oppression against the sharecropper; therefore, the Prophet (sallallahu alayhi wa sallam) specifically forbade this particular form, not sharecropping in general. (See the second meaning of this hadith in the benefit of hadith: 3939).

Benefits and Issues:
➊ The sale of muzabanah is prohibited.

➋ The form of muzabanah is that a person buys the fruit of a date orchard and, in exchange, pays a fixed quantity of dates. Or, for example, he says: “I buy all the crop that is ripening in this field for fifty maunds of wheat.” This is not permissible because it is not known whether the wheat obtained from the field will be less than or more than fifty maunds. Such an agreement regarding the crop of a field is called muhaqalah, while the same transaction regarding the fruit of an orchard is called muzabanah.

➌ Imam Malik rahimahullah has also included in muzabanah the case where, regarding something that has not been measured or weighed, it is said that its quantity is such-and-such—for example, “This heap of wheat is ten maunds,” or “In my estimation, this container holds fifty liters of oil,” or “I say that there are two hundred oranges in this pile of oranges; if the quantity is less, I will make it up from my own side, and if it is more, then whatever is extra will be mine.” Imam Malik rahimahullah says that this is not a sale, but rather a transaction based on deception and gambling (qimar). (Muwatta Imam Malik, Al-Buyu‘, Chapter: What Has Been Reported Regarding Muzabanah and Muhaqalah: 2/161)

Hadith Authentication: [واخرجه البخاري 2171، و مسلم 1542/72، من حديث مالك به]
Jurisprudential Points:
➊ See the previous hadith: 158
➋ In the religion of Islam, there is nothing but success for all of humanity.
➌ As a means of blocking the avenues (sadd al-dhara’i), that means should be closed from which there is a fear of corruption and evil spreading.