Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه مسلم، البيوع، باب في المزارعة والمؤاجرة، حديث:1549.»©Explanation:
➊ This hadith indicates the prohibition of sharecropping (muzara‘ah), and apparently, it seems to be in contradiction and opposition to those ahadith in which its permissibility has been mentioned. However, in Abu Dawud, this objection is resolved through the narration of ‘Urwah ibn Zubayr, who states that Zayd ibn Thabit radi Allahu anhu said: “May Allah forgive Rafi‘ ibn Khadij radi Allahu anhu. I swear by Allah that I have more knowledge of this hadith than he does. The reality is that two Ansari men came to the Messenger of Allah sallallahu alayhi wa sallam, both disputing with each other. Upon seeing this situation, the Messenger of Allah sallallahu alayhi wa sallam said: ‘If this is your condition, then do not give your fields on contract (muzara‘ah).’” (Sunan Abi Dawud, Kitab al-Buyu‘, Chapter on Sharecropping, Hadith: 3390) Thus, Rafi‘ heard the statement of the Prophet: “Do not give your fields on contract.” Zayd’s intention was that Rafi‘ did not hear the first part of the hadith, and therefore, this affected the intended meaning. Ibn ‘Abbas radi Allahu anhuma said that the Messenger of Allah sallallahu alayhi wa sallam did not prohibit it, but rather said: “It is better for one of you to give his land to his brother for benefit than to take a specified and determined share in return.” And it has also been said that the prohibition in this hadith refers to the method that was prevalent before Islam, which has already been mentioned in the previous hadith.
➋ Some scholars have interpreted the prohibition mentioned in this hadith as being one of discouragement (nahi tanzihi), not absolute prohibition. In reality, at the beginning of Islam, the Muhajirun, especially those in need, did not possess land. The Ansar, on the other hand, had plenty of surplus land. Just as the Prophet sallallahu alayhi wa sallam established brotherhood (mu’akhah) between the Ansar and Muhajirun, he also encouraged the Ansar to give their land to their homeless brothers without taking any rent or produce in return. This discouragement (nahi tanzihi) still remains and has not been abrogated, or it refers to those situations in which there is a possibility of deception or fraud for one of the parties. The phrase in «أَمَرَ بِالْمُؤَاجَرَۃِ» indicates this meaning. Furthermore, giving land on lease (ijarah) is easier and more convenient for the other party, which is why, in the beginning, sharecropping was prohibited, but when there was an abundance of land, this restriction was lifted.
© Hadith Narrator:
«حضرت ثابت بن ضحاک رضی اللہ عنہ » His kunyah is Abu Yazid. His name is Thabit ibn Dihhak ibn Khalifah. He was an Ansari. Due to being from the Ashhal clan of Khazraj, he was called Khazraji Ashhali. He was a well-known Companion. He was among those noble Companions radi Allahu anhum who participated in the Pledge of Ridwan (Bay‘at al-Ridwan). At that time, he was young. According to one opinion, he passed away in 45 AH, but the correct view is that he died during the turmoil of Ibn al-Zubayr, in 64 AH.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 769