Bukhari

Hadith Commentary:
From Khatib al-Islam, the erudite scholar, Hazrat Mawlana Abdur Rauf Sahib Rahmani, Administrator of Jami‘ah Siraj al-‘Ulum, Jhandanagar, Nepal, may Allah perpetuate his blessings. At the conclusion of the Book of Agriculture (Kitab al-Muzara‘ah) and the Book of Sharecropping (Kitab al-Musaqat), we are presenting a scholarly commentary for the further benefit of our esteemed readers, which is the result of the intellectual effort of Fadilat al-Shaykh Mawlana Abdur Rauf Rahmani, may his honor be increased.
The learned scholar, in this treatise, has made a successful attempt to further instill the issues of sharecropping in an excellent manner.
For this, Mawlana is deserving of thanks not only from me but from all esteemed readers of Sahih al-Bukhari.
May Allah, the Exalted, grant the respected Mawlana the blessings of both worlds for this great service of translation and commentary on Sahih al-Bukhari, and accept his noble services.
Mawlana himself is also a successful landowner.
Therefore, the extent of comprehensiveness in the details he has provided can be assessed by the readers themselves. The text of the respected Mawlana’s beneficial explanations is as follows.
(Translator)

Arranging for the Cultivation of Land:
(1)
All raw produce and edible items of the country depend on the cultivation of land.
The Messenger of Allah (sallallahu alayhi wa sallam) also encouraged keeping the land inhabited and flourishing.
It is narrated from Hazrat Abdullah bin Amr (radi Allahu anhu) that the Messenger of Allah (sallallahu alayhi wa sallam) said: “Whoever buys a village and cultivates it, it is a right upon Allah to help him.”
That is, whoever buys a village and brings it to life, Allah, the Exalted, will help him in every way. (Muntakhab Kanz al-‘Ummal, vol. 2, p. 128)
Similarly, in Kitab al-Kharaj, Qadi Abu Yusuf (rahimahullah) has narrated a hadith of the Messenger of Allah (sallallahu alayhi wa sallam): “Whoever revives dead land, it is his, and after three years, the right of one who withholds it without cultivation lapses.”
That is, whoever cultivates barren and neglected land, it becomes his property.
And the right of one who withholds it without cultivation lapses after three years.
(Kitab al-Kharaj, p. 72)

(2)
Imam Bukhari (rahimahullah) has narrated a hadith that the Messenger of Allah (sallallahu alayhi wa sallam) said: “If you hear that the Hour has been established and in your hand is a sapling, then if you are able to plant it before the Hour is established, then plant it.”
(Al-Adab al-Mufrad, p. 69)
In another narration, it is mentioned: “If you hear that the one-eyed Dajjal has emerged and all other signs of the Hour have become manifest, and you wish to plant a tender sapling in the earth, then do so.
And do not be negligent in arranging for its care and growth, because this is, in any case, a necessary effort for the sustenance of life.”
(Al-Adab al-Mufrad, p. 69)

Warning:
Reflecting on these narrations, it becomes clear that practical arrangements for obtaining produce from the land and for planting fruit-bearing trees and grain-producing plants are so important that even at the time of death or the coming of the Hour, a person should not be negligent or careless in matters of agriculture and land produce.
Is the profession of agriculture contemptible? In these circumstances, it cannot be said that the profession of agriculture is contemptible.
A hadith is narrated from Hazrat Abu Umamah Bahili (radi Allahu anhu) that the Prophet (sallallahu alayhi wa sallam), upon seeing the plough and some agricultural tools, said: “This will not enter the house of a people except that Allah will enter humiliation into it.”
But in light of the explanation of Shah Waliullah Muhaddith Dehlawi (rahimahullah) and Imam Bukhari (rahimahullah), its meaning is that the profession of agriculture demands such all-consuming engagement that whoever becomes absorbed in it will abandon the most important work of Islamic life, jihad, and will become heedless of it. And it is obvious that abandoning jihad is tantamount to withdrawing from strength and power.
In any case, if there is any censure of agriculture, it is due to its all-encompassing occupation, which keeps one so busy that it makes one heedless and unconcerned with all other important objectives.
Shah Waliullah (rahimahullah), under this philosophy, writes: “When they abandon jihad and follow the tails of cattle, humiliation surrounds them and the people of other religions dominate them.”
(Hujjat Allah al-Balighah, vol. 2, p. 173)
That is, farmers, by being preoccupied with cattle, become heedless of jihad and so humiliation surrounds them.
And the farmers’ and landowners’ neglect of jihad destroys their remaining strength and power, and all religions and sects establish their dominance over them.
But if one does not neglect jihad or other important religious objectives, then the cultivation and inhabitation of land itself is among the important objectives.
Thus, the Messenger of Allah (sallallahu alayhi wa sallam) himself granted various lands as fiefs to people so that they would keep them inhabited and flourishing, and so that the creation of Allah and themselves could benefit from them.

The Real Objective is the Land Remaining Inhabited and Publicly Beneficial:
(1)
When Hazrat Umar (radi Allahu anhu) paid special attention to agriculture, some people cultivated certain neglected portions of such fiefs. The original landowners came to the court of Farooq (Umar) to complain.
Hazrat Umar said: “You people left it uncultivated until now. Now that these people have cultivated it, you want to remove them. If it were not for the respect due to the fact that the Messenger of Allah (sallallahu alayhi wa sallam) granted you these fiefs, I would not give you anything. But now my decision is that if you pay them the compensation for their cultivation and breaking of the fallow, the land will be returned to you.
And if you cannot do so, then by paying the value of the uncultivated state, those people will become its owners.”
The final words of the decree are: “And if you wish, return to them the price of the surface of the land, then it is theirs.” (Kitab al-Amwal, p. 389)
After this, a general order was given that whoever leaves any land uncultivated for three years, then whoever cultivates it after that, his ownership will be recognized.
(Kitab al-Kharaj, p. 72)
This order had a significant effect, and many idle and merely occupied lands became cultivated.

(2)
The Messenger of Allah (sallallahu alayhi wa sallam) granted a man a long tract of land as a fief.
Hazrat Umar (radi Allahu anhu) took back from him the uncultivated portion, leaving only the cultivated part. (Kitab al-Kharaj, p. 78)

(3)
Hazrat Abu Bakr (radi Allahu anhu) granted Hazrat Talha (radi Allahu anhu) a fief (qati‘ah) and, making some people witnesses, handed over the decree to him.
Among the witnesses was Hazrat Umar (radi Allahu anhu).
When Hazrat Talha (radi Allahu anhu) came to Sayyiduna Farooq al-Azam for his signature, Farooq al-Azam refused to sign and said: “Is all this for you alone, excluding the people?”
And will others be deprived?
Hazrat Talha (radi Allahu anhu), filled with anger, went to Hazrat Abu Bakr (radi Allahu anhu) and said: “By Allah, I do not know whether you are the caliph or Umar?”
Sayyiduna Abu Bakr al-Siddiq (radi Allahu anhu) said:
“Umar, but the obedience will be to me.
Yes, insha’Allah al-‘Aziz, in the future Umar Farooq will be the Amir al-Mu’minin.
But the obedience will be to me.”
In short, due to the opposition of Sayyiduna Farooq al-Azam, he could not obtain the fief.
(Muntakhab Kanz al-‘Ummal, vol. 4, p. 390; Kitab al-Amwal, p. 276)

(4)
Similarly, ‘Uyaynah bin Hisn (radi Allahu anhu) was granted a fief by al-Siddiq al-Akbar (radi Allahu anhu).
When he came to Hazrat Umar (radi Allahu anhu) for his signature, Farooq not only refused to sign but erased the written lines.
‘Uyaynah (radi Allahu anhu) again went to al-Siddiq al-Akbar (radi Allahu anhu) and requested that another decree be written. Hazrat Abu Bakr said openly: “By Allah, I will not repeat anything that Umar (radi Allahu anhu) has rejected.”
(Muntakhab Kanz al-‘Ummal, vol. 4, p. 219)
In this context, Ibn al-Jawzi (rahimahullah) has further written that Hazrat Umar (radi Allahu anhu) came in haste to Hazrat Abu Bakr (radi Allahu anhu) and said: “These fiefs and lands that you are giving them, are they your personal property or the property of all Muslims?” Hazrat Abu Bakr (radi Allahu anhu) replied: “They belong to everyone.”
Hazrat Umar (radi Allahu anhu) asked: “Then why have you specified such a large fief for a particular person?” Hazrat Abu Bakr (radi Allahu anhu) said: “I have done so after consulting those who sit with me.”
Hazrat Umar (radi Allahu anhu) said: “They cannot be representatives of everyone.”
(Sirat ‘Umar ibn al-Khattab, p. 40; al-Isabah by Ibn Hajar, vol. 3, p. 56)
In any case, the reason for this strong refusal can be found in Hazrat Umar’s words:
“Is all this for you alone, excluding the people?”
(Muntakhab Kanz al-‘Ummal, vol. 4, p. 371; Kitab al-Amwal, p. 277)
From these narrations, it is clear that something of public benefit cannot be legally specified for a single individual; any fief or property will be given to an individual only to the extent that he can keep it green, flourishing, and inhabited.
In reality, the intention of the Messenger of Allah (sallallahu alayhi wa sallam) and the two Shaykhs (Abu Bakr and Umar, radi Allahu anhuma) was that by granting tracts to people, the lands would be brought under cultivation so that more and more grain could be provided for the creation of Allah.
However, it should always be kept in mind that land should not fall into the hands of only the wealthy, becoming a means of luxury and indulgence, nor should it remain idle. Therefore, it was necessary to be cautious that land should be given only to those who are capable and only as much as they can make productive.
In any case, for the benefit of the public, idle and surplus cultivable land is taken under the administration of the Islamic government so that it can be distributed among those who deserve it.
During the British rule, it was customary for people to have land registered as self-cultivated and to have fictitious names entered, thus remaining in possession of the land.
And due to the nomination of a single individual, it was impossible for others to benefit from it.
Because of the mere occupation of agricultural lands and the inability to bring all lands under cultivation, famine and shortage of produce continued.
The intention of Islam is that you should only possess as much land as you can cultivate yourself, or as much as you can bring under cultivation through laborers and ploughmen. The rest should be handed over to the government.
The Islamic government has the right to give notice to the owner and landholder: “If you are unable to cultivate it, we will cultivate and sow it.”
Quoting these words of the government’s notice, Allamah Abu Bakr al-Jassas (rahimahullah) has written:
“Likewise, the Imam should do with the lands of those unable to cultivate them.” (Ahkam al-Qur’an, vol. 3, p. 532)
And such circular orders used to be issued by the government. For example, the words of the decree of ‘Umar ibn ‘Abd al-‘Aziz (rahimahullah) are quoted in books that he used to write to his governors: “Do not leave the land uncultivated.” (al-Muhalla by Ibn Hazm, vol. 8, p. 216)
Never leave the land uncultivated.
Hazrat ‘Umar ibn ‘Abd al-‘Aziz (rahimahullah) used to repeatedly instruct his officials to arrange for the land to be managed by the farmer on half the produce.
If they are not willing, then arrange it on a third. If still not cultivated, then on a tenth.
And finally, he allowed: “If no one cultivates it, then grant it to people to cultivate for free.”
And if even for free no one is willing to take the land, then the order of Hazrat ‘Umar ibn ‘Abd al-‘Aziz (rahimahullah) was: “If it is not cultivated, then spend on it from the treasury of the Muslims.”
That is, the government should spend from the public treasury to cultivate uncultivated lands.
In any case, no possible means for the cultivation of land was left untried.
Hazrat Umar (radi Allahu anhu) acquired agricultural lands from the usurious capitalists of Najran by paying compensation and arranged for their management with local farmers.
Thus, Hafiz Ibn Hajar (rahimahullah) has quoted Hazrat Umar’s statement on this occasion:
“If the oxen and iron (ploughs and oxen) are provided by the farmers, then two-thirds of the produce will be theirs and one-third for Umar (the government). If Umar (the government) provides the seeds, then half will be for him.” (Fath al-Bari, vol. 5, p. 9)
From this incident, the concern for the cultivation of land and the justice and consideration for the rights of the subjects is clearly evident.

(5)
A piece of land was allotted to some individuals of the tribe of Muzaynah.
They left this fief uncultivated.
Others cultivated it.
The people of Muzaynah complained to Hazrat Umar.
Hazrat Umar said: “Whoever leaves land uncultivated for three years, and someone else cultivates it, the latter will be entitled to it.”
(Al-Ahkam al-Sultaniyyah by al-Mawardi, p. 182)

(6)
Hazrat Bilal bin Harith Muzani (radi Allahu anhu) was told by Sayyiduna Farooq al-Azam (radi Allahu anhu):
“Take from it as much as you can cultivate.”
That is, from the land the Messenger of Allah (sallallahu alayhi wa sallam) granted you, keep only as much as you can keep cultivated.
But when he could not cultivate the entire land, Farooq al-Azam distributed the remaining land among other Muslims.
And said to Hazrat Bilal: “The Messenger of Allah (sallallahu alayhi wa sallam) gave you the land so that you could benefit from it.
The intention of the Prophet (sallallahu alayhi wa sallam) was not that you should merely remain in possession of it.”
(Ta‘liq Kitab al-Amwal, p. 290, referencing Abu Dawud, Mustadrak Hakim, and Khulasat al-Wafa, p. 237) (Note)
This Bilal is not Bilal the Mu’adhdhin of the Messenger, but Bilal bin Abi Rabah.
(al-Isti‘ab)

(7)
A similar incident occurred during the rule of Hazrat Umar ibn ‘Abd al-‘Aziz (rahimahullah): a man, thinking the land was uncultivated, cultivated it.
The owner found out and brought a claim.
He (the ruler) said: “Pay him compensation for the labor and effort he spent on the land, as if he did this work for you.”
He said: “I am unable to pay his expenses.”
So he said to the defendant:
“Pay him the price of the land and become its owner, and now keep the field green and flourishing.”
(Kitab al-Amwal, p. 289)
These decisions show that their intention was that land should never remain uncultivated and idle, and that everyone should have only as much as he can cultivate himself or have cultivated.
In light of these incidents, the summary of the discussion is that those large tracts of land which are in the possession of such landowners who neither cultivate them themselves nor have them cultivated by laborers, but want to remain in possession of these fiefs through fictitious entries of self-cultivation and fictitious registrations—
For such oppressive possession by landowners, there is no justification in Islamic law.
In the system of landowners and fief-holders, it was common for them to remain in possession of such lands and have fictitious entries of self-cultivation made in the patwari’s records, even though in reality they were not cultivating them.

Arranging Interest-Free Loans for Land Cultivation:
In today’s era, the government, for the improvement of farmers, opens seed societies and distributes agricultural tools, seeds, etc., on interest-based loans.
But in the era of the Rightly Guided Caliphs, this was not the case.
Rather, they would even give interest-free funds to non-Muslim subjects for their agricultural needs and provision of tools.
Hazrat Umar ibn ‘Abd al-‘Aziz (rahimahullah) sent a decree to the governors of Iraq, Kufa, and Basra that they should assist those non-Muslim subjects who pay us jizyah from the treasury, and if due to hardship and difficulty they are unable to cultivate their lands, then give them loans according to their needs, so that they can arrange for cultivation, buy oxen, and arrange for sowing.
And also inform them that we will not take back this loan this year, but after two years, so that they can properly establish their work. (Kitab al-Amwal, p. 251; Sirat Umar ibn ‘Abd al-‘Aziz, p. 67)

Arranging Water for Land Cultivation and Increased Production:
The production of grain depends on the provision of water and proper irrigation.
When land receives abundant water through springs and canals, the grain grows green and lush.
Hazrat Umar (radi Allahu anhu) always took care of this important need of the farmer. Thus, when the Islamic armies under the command of Hazrat Sa‘d bin Abi Waqqas (radi Allahu anhu) conquered the Sawad of Iraq, Hazrat Umar (radi Allahu anhu) sent a decree that movable property—horses, weapons, etc.—and cash should be distributed among the army, and immovable property should remain in the possession of the local inhabitants, so that from its revenue and land tax, the needs of Islam, the expenses of the frontier armies, and the necessary expenditures for future military organization could continue to be met.
On this occasion, keeping in mind the fertility of the land, he said:
“The land and its canals should remain in the possession of its cultivators.”
(Kitab al-Amwal, p. 59; Sirat Umar by Ibn al-Jawzi, p. 80; Mashahir al-Islam, vol. 1, p. 317)
Regarding the importance of grain production and irrigation, another incident is noteworthy: once a case was brought before Hazrat Umar.
Muhammad bin Maslamah was not allowing Ibn Duhak to take a canal through his land.
Hazrat Umar (radi Allahu anhu) said to him: “You should allow it, because the canal will pass through your land to reach his land. In the end, you too will benefit from it.”
Muhammad bin Maslamah said to his opponent: “By Allah, I will not allow it.”
Hazrat Umar (radi Allahu anhu) said: “By Allah, he will pass it, even if it has to go over your belly.”
He then ordered the canal to be dug, and it was dug. (Muwatta’ Imam Muhammad, p. 382)
These incidents show that in the blessed era of the Rightly Guided Caliphate, every possible arrangement was made for the provision of water and the increase of production for the cultivation of land.

Cultivation Without Permission:
Regarding the cultivation of land without permission, sharecropping, and encroachment, a few necessary points are presented.
First, listen to what the Shari‘ah says about cultivation without the owner’s permission.
In this regard, the Messenger of Allah (sallallahu alayhi wa sallam) said:
“Whoever cultivates land without the permission of its owner, he has no right to any of the crop.”
This shows that the customary status of land is respected in Shari‘ah.
Thus, if someone occupies cultivated and inhabited land without right, his action is absolutely invalid.
But the case of barren and uncultivated land, which the owner has not brought under cultivation or use for three consecutive years, is entirely different.

Encroachment:
Similarly, the current system of encroachment is absolutely invalid.
Islam will never allow a cultivator to seize the land of the real owner on the basis of fictitious actions by the patwari, etc.
The cultivator’s labor and participation entitle him to the produce and profits of the land, not to its ownership.
Even if a court rules in his favor, and a judge, based on fictitious arguments, evidence, and patwari records and documents, gives a decision, it is invalid in Shari‘ah.
There is a severe warning in the hadith regarding this.
The Prophet (sallallahu alayhi wa sallam) said:
“You bring your disputes to me, and perhaps some of you are more eloquent in presenting their case than others, so I judge for him according to what I hear. So if I judge for someone the right of his brother, let him not take it, for I am only cutting for him a piece of the Fire.” (Mishkat, vol. 2, Bab al-Aqdiyah)
From this narration, it is clear that if a judge, based on patwari records and other such evidence, gives a decision of ownership for someone over land that is not truly his purchased property, then the judge’s decision can never make such encroachment lawful.
To collude with the patwari and have such land registered in one’s name or to show it as one’s property, when in reality it is the purchased property of the landowner, is first of all haram, and to consider it lawful on the basis of these lies and false testimonies is doubly haram.

Sharecropping:
The Messenger of Allah (sallallahu alayhi wa sallam), after conquering Khaybar, entrusted the land to the farmers of Khaybar.
It was agreed regarding sharecropping that half would go to the cultivators and half to the Messenger of Allah (sallallahu alayhi wa sallam).
When the dates ripened, the Messenger of Allah (sallallahu alayhi wa sallam) sent Hazrat Abdullah bin Rawahah (radi Allahu anhu) to estimate the dates.
Hazrat Abdullah bin Rawahah (radi Allahu anhu) generously estimated the produce, and the Jewish cultivators exclaimed:
“By this justice, the heavens and the earth stand.”
They fixed the total produce at forty thousand wasqs, divided the entire orchard into two equal parts, and gave them the choice to take whichever part they wished.
The narrator states that after harvesting, the produce of one half was not even slightly more than the other.
(Kitab al-Amwal, p. 482)
Shaykh al-Islam Ibn Taymiyyah (rahimahullah) has also written that sharecropping is permissible. He says:
“Sharecropping is permissible according to the soundest opinion of the scholars, and it was the practice of the Muslims during the time of their Prophet and the Rightly Guided Caliphs. The families of Abu Bakr, Umar, Uthman, Ali (radi Allahu anhum), and others practiced it. It is the view of the leading Companions and the jurists of hadith, Ahmad ibn Hanbal, Ibn Rahwayh, al-Bukhari, Ibn Khuzaymah, and others. The Prophet (sallallahu alayhi wa sallam) made an agreement with the people of Khaybar for half of what came out of it in fruit and crops until he died.”
(al-Hisbah fi al-Islam, p. 20)
The summary is that sharecropping is permissible; such practice existed in the Prophetic era, the era of the Rightly Guided Caliphs, and among the Companions (radi Allahu anhum).
The objective of the Shari‘ah is to obtain produce from the land.
Land should never remain idle and unproductive, so it is also ordered that if someone, due to necessity, wants to sell his land, he should first offer it to his neighboring cultivator.
The Messenger of Allah (sallallahu alayhi wa sallam) said: “Whoever has land or date orchards and wants to sell them, he should first offer them to his partner.”
(Musnad Ahmad, vol. 3, p. 307)
Similarly, if there is joint ownership in cultivation and someone wants to sell his share, he must first offer it to his partner, because he has the first right.
(Musnad Ahmad, vol. 3, p. 381)
The purpose here is that another person may not be able to quickly arrange the tools and resources, but the neighbor, who already has all the means, is in a better position to make the land productive and cultivated.
Therefore, it is necessary to first offer the land to this neighbor.

Encouragement for Agriculture:
(11)
Regarding agricultural production, Hazrat Umar (radi Allahu anhu) drew attention in various ways.
Some people came from Yemen; Hazrat Umar asked them: “Who are you?”
They replied: “We are those who rely on Allah (mutawakkilun ‘ala Allah).”
He said: “You are not truly those who rely on Allah.
Rather, the one who relies on Allah is the man who sows the seed in the earth, then entrusts its growth and fruit to Allah.”
(Muntakhab Kanz al-‘Ummal, vol. 2, p. 216)
The meaning is that those who act and then entrust the result to Allah are the true mutawakkilun.
The example of the farmer’s life and surrender is the real example of true reliance (tawakkul).
The farmer’s need for the nurturing of the seed in air and water, his gaze to the sky, the mixed need for warmth and coolness from the sun and moon, and the way the farmer, after ploughing, entrusts all his affairs to Allah from beginning to end—this is not found in any other field to such an extent.
Imam Ghazali (rahimahullah) has written that to separate oneself from agriculture, trade, and other means of livelihood, and to abandon the necessary arrangements for sustenance, is haram.
And to call this tawakkul is wrong.
(Ihya’ ‘Ulum al-Din, vol. 4, p. 265)

(12)
Hazrat Umar (radi Allahu anhu) also ordered the cultivation and inhabitation of land.
He asked a man named Abu Dhubyan: “How much stipend do you receive from the public treasury?”
He replied: “Two and a half thousand dirhams.”
He said: “O Abu Dhubyan! Establish agriculture.
Do not neglect farming by relying on the stipend.”
(Al-Adab al-Mufrad, p. 84)

(13)
Once Hazrat Umar ordered regarding prisoners that after investigation, those who are farmers and agriculturists should be released first.
The words of the order are:
“Release every farmer and cultivator.” (Muntakhab Kanz al-‘Ummal, vol. 2, p. 323)
This arrangement for the immediate release of farmers among the general prisoners was made because the welfare of the people of the country depends on the general production of grain and commodities.
Here in Nepal, during the cultivation season, all cases are postponed with long dates so that farmers can return home and manage their farming in peace.
The lamenting style of the nightingale, the rose learned from us; the way of tearing the collar, the flower learned from us.

(14)
Once Hazrat Umar saw Zayd bin Maslamah cultivating land, so Hazrat Umar said:
“Do this, become independent of people, it will be more protective of your religion and more honorable among them.”
Thus, by arranging your livelihood, you will become independent of others, your religion will be protected, and you will be honored among people.
After saying this, Hazrat Umar (radi Allahu anhu) recited this verse:
“I will always keep building on al-Zawra’, for the noble one among brothers is the one with wealth.”
(Ihya’ ‘Ulum al-Din, vol. 2, p. 64)

(15)
During the time of Hazrat Uthman (radi Allahu anhu), when people began to rely on stipends, he also ordered:
“Whoever among you has livestock, let him attend to his livestock; whoever has crops, let him attend to his crops, for we will not give the wealth of Allah except to those who fight in His path.”
(al-Imamah wa al-Siyasah, vol. 1, p. 33)
That is, whoever has dairy animals should arrange his livelihood by tending to his herd, and whoever has fields should manage his needs through farming.
If people rely on stipends, the whole system will be disrupted.
Therefore, now this wealth will be reserved only for the mujahid and ghazi soldiers.
Thus, Hazrat Abu Bakr al-Siddiq (radi Allahu anhu) also used to manage his land at a place called Sukh, and Hazrat Umar (radi Allahu anhu) himself used to have land cultivated.
(Bukhari, Kitab al-Muzara‘ah)
Hazrat Ammar bin Yasir (radi Allahu anhu) and Hazrat Abdullah bin Mas‘ud (radi Allahu anhu), among others, also gave various fiefs on sharecropping.
(Kitab al-Kharaj, p. 73)

Hadith Commentary:
(1)
When giving ‘ariyah is permissible, then naturally the one receiving the ‘ariyah will go to the orchard to protect his fruits; therefore, he should be given a share of the path and water.
(2)
‘Ariyah is when a person temporarily takes two or three date palm trees, then calls an estimator who assesses how much of the fresh dates on the tree will remain after drying, and then, by taking the estimated amount of dried dates, sells the fresh dates of the tree.
Doing so is permissible, even though it is not permissible to sell dates for dates by estimation, because of the risk of loss and deception. However, since those who receive ‘ariyah are in need, in view of their necessity, the buying and selling of it in a limited quantity has been declared permissible.
Other related discussions about this have already been mentioned in the Book of Sales (Kitab al-Buyu‘).