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سنن ابن ماجه
Ibn Majah
كتاب الرهون
The Chapters on Pawning
بَابُ : مُعَامَلَةِ النَّخِيلِ وَالْكُرُومِ
Chapter: Dealing with People Who Have Date-Palm Trees And Grape Vines
Sunan Ibn Majah 2469 — Dealing with People Who Have Date-Palm Trees
حَدَّثَنَا عَلِيُّ بْنُ الْمُنْذِرِ ، حَدَّثَنَا مُحَمَّدُ بْنُ فُضَيْلٍ ، عَنْ مُسْلِمٍ الْأَعْوَرِ ، عَنْ أَنَسِ بْنِ مَالِكٍ ، قَالَ : " لَمَّا افْتَتَحَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ خَيْبَرَ أَعْطَاهَا عَلَى النِّصْفِ " .
´It was narrated that Anas bin Malik said:` “When the Messenger of Allah (ﷺ) conquered Khaibar, he gave it (to its people) in return for half (of its yield).”
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
➊
This type of contract is called musaqah, in which the cultivator receives a specified share (for example: half or one-third) of the fruit produced in the orchard. Regarding fields, this same contract is called muzara’ah.
➋
The land of non-Muslims that comes under the control of Muslims after war becomes the property of the Islamic state. To cultivate it, contracts can be made with Muslims as well as with non-Muslims; however, it does not become the property of the cultivator.
➌
The cultivator will give the government its share of the produce according to the contract and will receive his own share. If the share of the Muslim cultivator reaches the amount upon which zakah is obligatory (twenty mann or more), then he will also pay its zakah (‘ushr).
➊
This type of contract is called musaqah, in which the cultivator receives a specified share (for example: half or one-third) of the fruit produced in the orchard. Regarding fields, this same contract is called muzara’ah.
➋
The land of non-Muslims that comes under the control of Muslims after war becomes the property of the Islamic state. To cultivate it, contracts can be made with Muslims as well as with non-Muslims; however, it does not become the property of the cultivator.
➌
The cultivator will give the government its share of the produce according to the contract and will receive his own share. If the share of the Muslim cultivator reaches the amount upon which zakah is obligatory (twenty mann or more), then he will also pay its zakah (‘ushr).
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2469
