سنن ابن ماجه
Ibn Majah
كتاب الرهونThe Chapters on Pawning
بَابُ : مَا يُكْرَهُ مِنَ الْمُزَارَعَةِChapter: Kinds Of Cultivation That Are Disliked
Hadith 2460
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ يَحْيَى ، أَنْبَأَنَا عَبْدُ الرَّزَّاقِ ، أَنْبَأَنَا الثَّوْرِيُّ ، عَنْ مَنْصُورٍ ، عَنْ مُجَاهِدٍ ، عَنْ أُسَيْدِ بْنِ ظُهَيْرٍ ابْن أَخِي رَافِعِ بْنِ خَدِيجٍ ، عَنْ رَافِعِ بْنِ خَدِيجٍ ، قَالَ : كَانَ أَحَدُنَا إِذَا اسْتَغْنَى عَنْ أَرْضِهِ أَعْطَاهَا بِالثُّلُثِ وَالرُّبُعِ وَالنِّصْفِ وَاشْتَرَطَ ثَلَاثَ جَدَاوِلَ وَالْقُصَارَةَ وَمَا يَسْقِي الرَّبِيعُ ، وَكَانَ الْعَيْشُ إِذْ ذَاكَ شَدِيدًا ، وَكَانَ يَعْمَلُ فِيهَا بِالْحَدِيدِ وَبِمَا شَاءَ اللَّهُ وَيُصِيبُ مِنْهَا مَنْفَعَةً فَأَتَانَا رَافِعُ بْنُ خَدِيجٍ فَقَالَ : إِنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ نَهَاكُمْ عَنْ أَمْرٍ كَانَ لَكُمْ نَافِعًا ، وَطَاعَةُ اللَّهِ وَطَاعَةُ رَسُولِهِ أَنْفَعُ لَكُمْ ، إِنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : يَنْهَاكُمْ عَنِ الْحَقْلِ وَيَقُولُ : " مَنِ اسْتَغْنَى عَنْ أَرْضِهِ فَلْيَمْنَحْهَا أَخَاهُ أَوْ لِيَدَعْ " .
´It was narrated from Usaid bin Zuhair, the paternal nephew of Rafi' bin Khdij, that Rafi' bin Khadij said:` “If one of us did not need his land, he would give it (to someone else to cultivate) in return for one third, or one half of the yield , and he would stipulate (that the should receive) the produce grows on the banks of three streams, and the grains that remain in the ear after threshing, and the produce irrigated by a stream. Life at that time was hard, and he would work (the land) with iron and whatever Allah (SWT) willed, and he would benefit from it. Then Rafi bin Khadij came to us and said: ‘The Messenger of Allah (ﷺ) forbade you to do something that may seem beneficial to you, but obedience to Allah and obedience to His Messenger are more beneficial for you. The Messenger of Allah (ﷺ) forbade Haq for you, and he said: “Whoever has no need of his land, let him give it to his brother (to cultivate) or let him leave it (uncultivated).”
Related hadith on this topic
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
➊
From this hadith, it is understood that the condition regarding half or a quarter of the yield that is prohibited is such that the produce from a specific portion of the land is stipulated for the owner of the land.
The owner would usually select a portion that was located near a water channel or irrigation ditch, etc., because there was an expectation of greater yield from it.
➋
It is permissible to stipulate a condition for half, one-third, or one-quarter of the total yield of the field.
➌
Instead of sharecropping (batai), it is preferable to give the land on loan (ariyah).
➍
Obeying the command of the Messenger of Allah (sallallahu alayhi wa sallam) is more important than apparent worldly benefit, because in following the Prophetic instruction lies benefit for the Hereafter.
➊
From this hadith, it is understood that the condition regarding half or a quarter of the yield that is prohibited is such that the produce from a specific portion of the land is stipulated for the owner of the land.
The owner would usually select a portion that was located near a water channel or irrigation ditch, etc., because there was an expectation of greater yield from it.
➋
It is permissible to stipulate a condition for half, one-third, or one-quarter of the total yield of the field.
➌
Instead of sharecropping (batai), it is preferable to give the land on loan (ariyah).
➍
Obeying the command of the Messenger of Allah (sallallahu alayhi wa sallam) is more important than apparent worldly benefit, because in following the Prophetic instruction lies benefit for the Hereafter.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2460
Shaykh Umar Farooq Saeedi
Benefits and Issues:
➊
Allamah Shawkani writes in Nayl al-Awtar that this hadith has been narrated in a concise form. In the detailed narration, the words of Usayd bin Zuhayr are as follows: When any one of us did not wish to cultivate his land himself, or he was in need, he would give it on sharecropping for half, a third, or a quarter of the produce. And three conditions would be stipulated: the cultivation along the water channels, after the grain was harvested, whatever remained below; and those plots that were irrigated by the channels (would belong to the owner), etc. (Nayl al-Awtar: 5/312, Chapter: The invalidity of the contract if one of them stipulates for himself the straw or a specific plot, and the like)
➋
Even in the case of leaving the land uncultivated, there are many benefits. The grass that grows on this land is grazed by animals. Natural plants and the small and large animals that live among them maintain the balance of the environment.
➊
Allamah Shawkani writes in Nayl al-Awtar that this hadith has been narrated in a concise form. In the detailed narration, the words of Usayd bin Zuhayr are as follows: When any one of us did not wish to cultivate his land himself, or he was in need, he would give it on sharecropping for half, a third, or a quarter of the produce. And three conditions would be stipulated: the cultivation along the water channels, after the grain was harvested, whatever remained below; and those plots that were irrigated by the channels (would belong to the owner), etc. (Nayl al-Awtar: 5/312, Chapter: The invalidity of the contract if one of them stipulates for himself the straw or a specific plot, and the like)
➋
Even in the case of leaving the land uncultivated, there are many benefits. The grass that grows on this land is grazed by animals. Natural plants and the small and large animals that live among them maintain the balance of the environment.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3398
Hafiz Muhammad Ameen
However, this form of muzabanah is permissible for poor people in small quantities (up to fifteen or twenty mann) for eating and drinking, because this is their necessity and the Shari‘ah takes necessities into consideration. But it is not permissible in large quantities on a commercial basis.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3895
