Bukhari

Hadith Commentary: Explanation:

At the beginning of the chain of narration for this report is Abu Ahmad Marar bin Hamwiyah.
In the Jami‘ al-Sahih, only this single hadith is narrated from him and from his shaykh.
Umar radi Allahu anhu had sent his son Abdullah to Khaybar to collect the produce.
There, the treacherous Jews, seizing the opportunity, pushed Abdullah from a roof, breaking his hands and feet.
Because of such mischiefs, Umar radi Allahu anhu exiled the Jews from Khaybar.
After the conquest of Khaybar, the Messenger of Allah sallallahu alayhi wa sallam had made an arrangement regarding the conquered lands with the Jews of Khaybar, and no fixed term was set; rather, he said that this arrangement was not permanent, but whenever Allah willed, it would be terminated.
On this basis, Umar radi Allahu anhu, during his caliphate, expelled them and relocated them elsewhere.
This treacherous nation has never been loyal to anyone; therefore, this nation has been declared accursed and expelled.
From this hadith, it is also derived that if the owner of the land sees any fault in the cultivator, he can expel him, even if he has already begun work, but he must compensate him for his labor, just as Umar radi Allahu anhu did.

Hadith Commentary:
(1)
Some individuals are of the opinion that when a sharecropping (muzara‘ah) contract is made with someone, the sharecropper (muzari‘) cannot be evicted before the completion of the year; when he harvests that year’s crop, the contract of sharecropping will end. However, Imam Bukhari rahimahullah has established that if the landowner stipulates with the sharecropper that “I will evict you whenever I wish,” then this condition is permissible, provided that both parties accept it willingly.

(2)
In this regard, Imam Bukhari rahimahullah has adopted a remarkable style.
In the Book of Sharecropping (Kitab al-Muzara‘ah), he has established a chapter with these words:
(إذ قال رب الأرض: أقرك ما أقرك الله)
“I will let you remain as long as Allah lets you remain.”
And the words of the hadith are as follows:
(نقركم بها علی ذلك ما شئنا)
“We will let you remain there as long as we wish.”
And here the chapter heading is:
(إذا شئت أخرجتك)
“I can evict you whenever I wish.”
And in the hadith, these words appear:
(نقركم ما أقركم الله)
“We will let you remain as long as Allah lets you remain.”
From this, two points become clear:
First, that the expulsion of the Jews from the land of Khaybar was decreed by Allah; they were destined to leave from there.
Second, that if from the very first day it is stipulated that “we can evict you whenever we wish,” and both parties accept this condition willingly, then doing so is permissible.

(3)
Furthermore, if the landowner observes any fault or dishonesty from the cultivator, he is authorized to evict him, even if the sharecropper has already begun his work; however, compensation must be given for whatever labor he has already performed.
The purpose is that in civil and social matters, mutual agreements—if concluded within permissible limits—must be accepted.

Hadith Commentary:
The translation of the chapter is derived from the fact that the Prophet (sallallahu alayhi wa sallam) made an agreement with the people of Khaybar on the basis of half the produce.
The Messenger of Allah (sallallahu alayhi wa sallam) had fixed one hundred wasq of grain per person for the noble wives.
This same method continued during the era of Abu Bakr (radi Allahu anhu).
However, in the era of Umar (radi Allahu anhu), the agreement with the Jews was terminated.
Therefore, Umar al-Faruq (radi Allahu anhu) gave the noble wives the choice between receiving grain or land.
One wasq is equivalent to four mann and twelve seer in weight.
Regarding the hadith “The Prophet (sallallahu alayhi wa sallam) made an agreement with the people of Khaybar for half of what it produced,” Hafiz Sahib (rahimahullah) says:
This hadith is the main evidence for those who permit sharecropping (muzara‘ah) and crop-sharing (mukhabarah), due to the Prophet’s (sallallahu alayhi wa sallam) approval of this method and its continuation during the time of Abu Bakr until Umar expelled them, as will be mentioned in the following chapters. It is also used as evidence for the permissibility of musaqat (sharecropping in orchards) in date palms, vineyards, and all fruit-bearing trees whose produce can be divided in a known share for the worker from the fruit, and this is the view of the majority.
(Fath al-Bari)
That is, this hadith is a strong proof for those who consider sharecropping (muzara‘ah) and crop-sharing (mukhabarah) permissible.
Because the Prophet (sallallahu alayhi wa sallam) maintained this method, and the same practice continued during the time of Abu Bakr (radi Allahu anhu).
Until the era of Umar (radi Allahu anhu) arrived.
Later, he expelled those Jews from Khaybar.
Apart from cultivation, this arrangement was also declared permissible for all fruit-bearing trees, that the owners may fix a share of the fruits for the workers.
This is the fatwa of the majority.
In this, there is benefit for the owner of the field or orchard as he obtains a portion of the produce without labor, and there is also ease for the laborer, as he receives produce from the land as a result of his effort.
For the working class, this is the path of moderation that Islam has presented, thereby solving such issues. The path of destruction, discord, and sabotage that nowadays some groups are promoting among the working people in the world is, according to the Shari‘ah, completely wrong and absolutely impermissible.

Hadith Commentary:
(1)
Hafiz Ibn Hajar rahimahullah writes that this hadith serves as an excellent proof for the permissibility of sharecropping (muzara‘ah), because the Messenger of Allah sallallahu alayhi wa sallam made an agreement with the people of Khaybar on the basis of half the produce, and this method remained in practice throughout his lifetime. During the caliphate of Abu Bakr as-Siddiq radi Allahu anhu, this same practice continued, until the time of ‘Umar radi Allahu anhu, when he expelled the Jews due to their conspiracies, because the agreement with them was on the condition that “as long as we wish, you will continue this work.” After the exile of the Jews, ‘Umar radi Allahu anhu distributed the land of Khaybar.

(2)
During the blessed era of the Messenger of Allah sallallahu alayhi wa sallam, the noble wives (azwaj mutahharat) used to receive eighty (80) wasq of dates, because their household needs for dates were greater, and twenty (20) wasq of grain, as bread was only occasionally baked at home. ‘Umar radi Allahu anhu gave them the choice: if they wished, they could continue to receive the ration as before, or if they wished, they could accept land and water instead.

(3)
It should be noted that in giving land for cultivation on the basis of sharecropping, there is benefit for the owner as well, as he receives a portion of the produce without labor, and there is also convenience for the laborer, as he obtains produce from the land as a result of his effort. For the working person, this is the path of moderation that Islam has presented, thereby solving all their related issues.

Hadith Commentary:
(1)
Imam Bukhari rahimahullah did not clarify in the chapter heading whether, if the duration is not specified at the time of making a sharecropping (muzara‘ah) agreement, such an agreement is permissible or not, because there is a difference of opinion on this matter.
Some Imams consider it impermissible.
Our inclination is that such an agreement is permissible, because when the Messenger of Allah sallallahu alayhi wa sallam gave the land of Khaybar to the Jews on a sharecropping basis, he did not specify a duration. However, the landowner should clarify that “I will give you the land for as long as I wish,” so that no dispute arises later.
In such a case, the landowner has the right to reclaim his land by giving notice to the sharecropper before the term ends.
This is also the common practice.
The Messenger of Allah sallallahu alayhi wa sallam also said to the Jews that “We will keep you as long as we wish.”
(2)
Some scholars are of the opinion that if the duration is not specified, then at minimum the agreement will be considered for one year.
If, after a year has passed, the owner does not demand the land back and the sharecropper does not leave the land on his own, then this is evidence that both remain upon their previous contract, and in this way, the agreement can continue for several years.
And Allah knows best.

Hadith Commentary:
(1)
The purpose is that the transaction of sharecropping (muzara‘ah) can take place among Muslims just as it can between a Muslim and a non-Muslim. Since the hadith specifically mentions the Jews, only they have been mentioned in the heading. In any case, Islam has not adopted a narrow-minded approach in worldly, civil, social, and economic matters; rather, in such matters, it has demonstrated broad-mindedness with human benefit in view.
(2)
There is no restriction for Muslims and non-Muslims in economic transactions; however, the demand for justice and fairness applies to both Muslim and non-Muslim. Justice and fairness are necessary everywhere and for everyone. In the present era, Muslims are spread across every part of the world, and at times, business relations may be established with non-Muslim people. Islam has not adopted religious prejudice in such matters.

Hadith Commentary:
It is established from two hadiths that placing appropriate and permissible conditions in transactions, and both parties agreeing upon them, is valid.

Hadith Commentary:
From both these hadiths, it is established that placing appropriate and permissible conditions in transactions, and both parties agreeing upon them, is valid. As in the first hadith, the Muhajirun were made partners in the fruits on the condition that they would work in those orchards, and the Jews were given the land of Khaybar on the condition that they would cultivate it, and then share in half of the produce. That is, this was a contract of muzara'ah (sharecropping) in which the condition of half the produce was stipulated.

Hadith Commentary:

Islam permits Muslims, in matters of social and civil affairs, to cooperate with other non-Muslim communities in order to resolve their economic issues. Not only agriculture and cultivation, but all worldly matters are included within this permission. In this way, Muslims will also attain many religious and worldly benefits.

Hadith Commentary:
(1)
By "mushrikeen" (polytheists) is meant those disbelievers who reside in the abode of Islam (dar al-Islam) under protection and are not at war (harbi), because there can be no partnership between a harbi polytheist and a Muslim. In the hadith, the mention is of a dhimmi, whereas in the chapter heading, the term "mushrik" is used.
Imam Bukhari rahimahullah has made an analogy between such a mushrik and a dhimmi.
A partnership can exist between a Muslim and a dhimmi because partnership is a type of hiring (ijarah), and it is permissible to employ a dhimmi for wages.
In sharecropping (muzara‘ah), partnership is unanimously permissible; however, in other types of business, Imam Malik rahimahullah considers partnership with a dhimmi impermissible, because a dhimmi may sometimes engage in the trade of alcohol or usurious (riba-based) transactions, and such trade is not permissible for a Muslim. However, if the business is conducted under the supervision of the Muslim, then it is unanimously permissible, because in this case there is no risk of unlawful business.
(Fath al-Bari: 5/167) (2)
According to our preferred view, a Muslim may enter into a business contract with any non-Muslim, provided that the business is in accordance with the Shariah; there is no harm in this. However, it is not permissible to enter into partnership with those disbelievers with whom war is ongoing.
And Allah knows best.

Hadith Commentary: Hafiz Sahib states:

And the meaning of his statement is: When most of it (the land) became manifest to him (i.e., was conquered), before the Jews asked him and before they made a treaty with him, all of it belonged to the Jews. When they made a treaty with him on the condition that they would hand over the land to him, the land became for Allah and His Messenger. Ibn al-Munir said: The hadiths of this chapter correspond to the chapter heading except for this last one, for there is no mention of a grant in it. However, it does mention certain territories, and it is known from elsewhere that these were territories of grant. In this way, it falls under the chapter heading, and Allah knows best. (Fath al-Bari)

That is, the meaning is that after the conquest of the land of Khaybar, a treaty was made with the Jews.
Previously, all those lands belonged to them.
After the dominance of Islam, they became the property of Allah and His Messenger (sallallahu alayhi wa sallam).
In a certain way, giving these lands as a grant is also intended.
This is where the correspondence with the chapter heading lies.
Many rulings regarding transactions are derived from this hadith, which the Imam (rahimahullah) has explained in various places.

Hadith Commentary:
➊
The Messenger of Allah (sallallahu alayhi wa sallam) said:
“Two religions cannot coexist in the Arabian Peninsula.”
(Al-Sunan al-Kubra lil-Bayhaqi: 115/6)
Furthermore, the Jews were expelled from there due to their sedition and their continual conspiracies against the Muslims.
Abu Bakr (radi Allahu anhu) was unable to expel them during his caliphate because he was engaged in fighting and battling against the apostates (murtaddin).
Therefore, he did not have the opportunity to take action against them.

➋
It should be noted that Tayma is the name of a village on the seashore in the region of Bila Wati, and Ariha refers to a settlement in the land of Sham (Greater Syria).

➌
Some people think that this hadith has no connection to the chapter heading, but this objection is unfounded because, after the conquest of the land of Khaybar, an agreement was made with the Jews. Previously, all the land belonged to the Jews, then it became the property of Allah and His Messenger. The Messenger of Allah (sallallahu alayhi wa sallam), exercising his discretionary authority, allowed them to remain there on the basis of sharecropping (bata’i), as if he, in a sense, granted those lands to them.
For correspondence with the chapter, this much is sufficient.
(Fath al-Bari: 306/6)

Hadith Commentary:

Because they were constantly engaged in secret conspiracies against the Muslims.

Hadith Commentary:
(1)
When entering into a contract of sharecropping (muzara‘ah), if the term is not specified, justice demands that the decision be made with mutual consent. There should be at least a one-year term so that the cultivator is not evicted in the middle of the crop and thus harmed; he must be given respite until the crop is ready.

(2)
‘Umar radi Allahu anhu expelled the Jews because it was the final bequest of the Messenger of Allah sallallahu alayhi wa sallam that the Jews should be expelled from the Arabian Peninsula. Thus, when their mischief and wickedness reached their peak, ‘Umar radi Allahu anhu expelled them. Therefore, this action of ‘Umar was not a violation of any prior agreement. The immediate reason for their exile was that when Ibn ‘Umar radi Allahu anhu went to Khaybar to tend to his orchards, his hands and feet were broken. When ‘Umar radi Allahu anhu was informed of this incident, he said: “We have no enemy there except the Jews; they alone are our enemies, so we do not suspect anyone else. Therefore, in my opinion, they should now be exiled.” (Sahih al-Bukhari, al-Shurut, Hadith: 2730)

(3)
In the heading established by Imam al-Bukhari rahimahullah, the words are: “I will let you remain as long as Allah lets you remain.” Whereas in the hadith it is stated: “As long as we let you remain.” This does not mean that the hadith does not correspond to the heading, as some self-styled scholars have claimed; rather, it is the result of the Imam’s intelligence and sharpness of mind. In fact, Imam al-Bukhari, through the aforementioned heading, alluded to the narration which he mentioned in Kitab al-Shurut (Hadith: 2730), in which the words are: “As long as Allah lets you remain.” And at this place, he established the heading with these words: “When it is stipulated in the sharecropping contract that I will expel you whenever I wish.” In any case, in every heading, he has interpreted one hadith in light of another, keeping both in view. The meaning is that the term will be determined by mutual consent, and the expulsion of the Jews was in accordance with the divine will. And Allah knows best.

Hadith Commentary:
Dealing on a half-and-half basis has been deemed permissible according to this hadith.

Hadith Commentary:
➊
When the Messenger of Allah (sallallahu alayhi wa sallam) conquered Khaybar, he left the land in the possession of its people at their request. However, he dealt with them in such a way that they would cultivate it, and they would receive half of its produce.

➋
The Messenger of Allah (sallallahu alayhi wa sallam) made this arrangement with the people of Khaybar in the form of sharecropping (muzara‘ah), whereas according to some Imams, the transaction of sharecropping is not permissible.
Although some forms of sharecropping are indeed impermissible, for example:
If the owner reserves the produce of a specific portion of the land for himself, regardless of whether the other land yields produce or not.
Such an action is impermissible according to the Shari‘ah. However, due to the impermissibility of these specific forms, it is not correct to declare the entire transaction absolutely impermissible, because the permissibility of it has been transmitted from numerous Companions (radi Allahu anhum), both in word and in practice.
And Allah knows best.

Hadith Commentary: Benefits and Issues: When Umar radi Allahu anhu expelled the Jews from Khaybar—the reason for which will be mentioned ahead—he distributed the land among the Muslims. He gave the Mothers of the Believers (Azwaj Mutahharat) the choice to take their maintenance (nafaqah) from the land or its produce, so that during their lifetimes they could fulfill their needs from it, and after their passing, that land would return to the Bayt al-Mal (public treasury). This is because the Mothers of the Believers were entitled to maintenance, but the inheritance of the Prophet sallallahu alayhi wa sallam could not be divided among them. This hadith also proves that storing grain or produce for a year is not contrary to reliance upon Allah (tawakkul), nor is it considered hoarding.

Hadith Commentary: Benefits and Issues: (1)
Umar radi Allahu anhu expelled the Jews from Khaybar due to the accumulation of various reasons, because the Muslims had acquired a sufficient number of slaves and servants who could perform these tasks.

(2)
The Jews, breaking their covenant, deceived Ibn Umar radi Allahu anhuma—who had gone there for some necessity—by causing him to fall from the roof of a house, as a result of which the joints of his hands and feet were dislocated.

(3)
The Messenger of Allah sallallahu alayhi wa sallam had said that two religions will not coexist in the Arabian Peninsula, meaning that individuals of two religious communities will not remain there. What is meant by this is the land of Hijaz, because Tayma is also located within the Arabian Peninsula.

(4)
Immorality, wickedness, and indecency had spread among them.

Hadith Commentary:
Benefits and Issues:
The Prophet (sallallahu alayhi wa sallam) gave both the orchards and the fields of Khaybar to its people on the basis of a half-share.
For this reason, according to the majority of jurists, musaqat (sharecropping of orchards) is permissible.
This is the position of Imam Malik,
Imam Shafi'i,
Imam Ahmad,
Imam Abu Yusuf, and Imam Muhammad (rahimahumullah).
According to Imam Malik,
the old opinion of Imam Shafi'i,
Imam Ahmad, and the two companions (Abu Yusuf and Muhammad),
it is permissible to give all types of orchards on a share basis.
According to the new opinion of Imam Shafi'i,
and one opinion of Imam Ahmad,
musaqat is permissible only in vineyards (grape orchards) or date-palm orchards,
and not in other types of orchards.
According to Imam Dawud Zahiri, it is permissible only in date-palm groves.
According to Imam Abu Hanifah and Imam Zufar, both musaqat and muzara'ah (sharecropping of fields) are not permissible in any case.

Explanation:
1:
This hadith establishes the permissibility of muzara‘ah (leasing land for a share of the produce). The three Imams and other scholars among the Salaf and Khalaf, except for Imam Abu Hanifah, hold it to be permissible. The Hanafis have interpreted the incident of Khaybar by saying that those people were your (sallallahu alayhi wa sallam) slaves. However, this interpretation is not correct because the noble statement of the Prophet (sallallahu alayhi wa sallam) is: “We will keep you as long as Allah keeps you,” which shows that they were not your slaves. Furthermore, the Hanafis say that this is a lease (ijarah) in exchange for non-existent or unknown produce, which is not permissible. The majority respond that its example is like that of a mudarib (working partner in mudarabah), who works in hope of profit, and that profit is unknown, yet it is still permissible. Similarly, muzara‘ah will also be permissible.

As for those narrations which indicate the impermissibility of muzara‘ah, the majority have interpreted those narrations as indicating a tanzihi (discouragement, not prohibition) prohibition, or that this prohibition applies in the case where the landowner stipulates taking the produce from a specific part of the land for himself (and Allah knows best). The upshot of the discussion is that the permissible form of muzara‘ah is that the amount of grain obtained from the land is determined between the owner and the sharecropper in such a way that there is no room for dispute between them, and both are partners in the agreed-upon profit and loss related to the grain. Or, the land is given on sharecropping in exchange for money. The form of muzara‘ah that is impermissible according to the Shari‘ah is that which is mentioned in the narration of Hanzalah ibn Qays al-Ansari. He says that Rafi‘ ibn Khadij said that during the time of the Messenger of Allah (sallallahu alayhi wa sallam), people used to make sharecropping agreements on the condition that “I will take the produce from this specific part of the land, and you take from the rest.” The Prophet (sallallahu alayhi wa sallam) forbade this, because in this case, sometimes the sharecropper would suffer a loss and sometimes the landowner would.

Benefits and Issues:
Musāqāt is a transaction similar to muzāra‘ah (sharecropping) and mukhābarah. However, it is specifically applied to orchards of dates, grapes, and the like, where the owner of the date palms agrees with someone that he will work on them and irrigate them, and in return, he will receive a specific, determined share of the fruit, just as occurs in muzāra‘ah. In Khaybar, the agreement for the maintenance of the orchards was musāqāt, and the agreement for the cultivation of the land was muzāra‘ah. The arrangement in Khaybar was a newly introduced, permissible form, whereas the previous pre-Islamic form was declared unlawful by Islam.

Benefits and Issues:
➊
According to the narration in Sahih Muslim, Aisha radi Allahu anha and Hafsa radi Allahu anha chose land and water.
And some other noble wives, radi Allahu anhunna, chose their previously allotted shares as before.
This narration in Sahih Muslim is also reported from Abdullah bin Umar radi Allahu ta'ala anhu,
and it is more detailed and clear.
According to this narration, the Messenger of Allah sallallahu alayhi wa sallam, from the income of the fay’ lands in Khaybar, allotted to each of his noble wives, as annual maintenance, a total of one hundred wasq—eighty wasq of dates and twenty wasq of barley.
(Sahih Muslim, al-Masawat, Hadith: 1551) The same quantity is also mentioned in Abu Dawud, Hadith 3006.
However, in the present narration, instead of a total of one hundred wasq, it is stated as one hundred wasq of dates and, in addition, twenty wasq of barley.
It appears
that one of the narrators reporting from Abdullah bin Umar radi Allahu ta'ala anhu, while estimating the quantity, became confused,
and instead of a total of one hundred, mentioned one hundred wasq of dates and twenty wasq of barley.
(Fath al-Wudud, referencing Awn al-Ma’bud, Chapter: What Has Been Reported Regarding the Ruling of the Land of Khaybar)
➋
According to the method of Khaybar, it is permissible to take and give land on the basis of sharecropping (musaqat/muzara’ah).

If date palms or any fruit trees are entrusted to a person so that he irrigates them, takes care of and serves the trees until they bear fruit, and then he receives half (or some other portion) of the fruit, this is called musaqat in the Arabic language. And if someone is given barren land so that he cultivates it, works on it, and receives a specified portion of the produce (for example, a third, a quarter, or a half), this is called mukhabarah or muzara‘ah or sharecropping (batai). Thus, the Prophet (sallallahu alayhi wa sallam) engaged in both musaqat and muzara‘ah with the Jews. And both are permissible.

Some people who do not consider sharecropping (batai) permissible, do consider musaqat permissible, and by extension, also consider muzara‘ah permissible—meaning, if land with date palms or any fruit-bearing trees is given along with the trees, and the person, in addition to serving and guarding the trees, also cultivates that land, then he can be given a share from both the fruits and the crops. However, there is no difference between musaqat and muzara‘ah. If one is permissible, then both are permissible; otherwise, both are impermissible. To declare one permissible by extension of the other is also a strange matter. If sharecropping is impermissible, then how can musaqat by extension be permissible? In reality, both are permissible—together or separately. The authoritative scholars of every school of thought hold this view. All the hadith scholars consider both permissible. And all praise is due to Allah for that.

(1) "From their wealth" indicates that the Jews used to cultivate the land at their own expense, and the produce was divided equally.

(2) "Had entrusted [the land] to them"—that is, after the conquest of Khaybar, the owners of the land were the Messenger of Allah (sallallahu alayhi wa sallam) and the Muslims, and the Jews were sharecroppers (muzari‘). And this is an explicit proof for the permissibility of sharecropping (musaqah/bata'i). Later, when the Jews were expelled from there, they were not given any compensation for the land because they were not owners, but sharecroppers. [أُقرُّكم على ما أقرَّكم اللهُ ] "We will keep you as long as we wish" is an explicit hadith. Such words are not said to owners; therefore, those who have made interpretations regarding the land of Khaybar to declare sharecropping prohibited, their arguments are weaker than a spider’s web.