Musannaf Ibn Abi Shaybah

It is narrated from Hazrat Rafi' bin Khadij (may Allah be pleased with him) in a marfu' form that the Holy Prophet (peace and blessings of Allah be upon him) said: Whoever cultivates someone else's land without his permission, he will have no share in the produce. His expenses (cost) will be returned to him.

Hazrat Hasan bin Muhammad narrates that the Holy Prophet (peace be upon him) once passed by a lush green land. He inquired about this land, and people submitted that one person had cultivated another’s land without permission. He ordered that it be returned and instructed that the expenses (costs) be taken back.

Hazrat Abu Ja'far, may Allah have mercy on him, says that my uncle sent me and another boy to Hazrat Sa'id bin al-Musayyib. He asked him, "What do you say regarding sharecropping (muzara'ah)?" He replied: "Hazrat Ibn 'Umar, may Allah be pleased with them both, did not see any harm in it, until the following hadith was narrated to him from Rafi' bin Khadij: The Messenger of Allah, peace and blessings be upon him, came to Banu Harithah and saw the land of Zuhayr, and said, 'How excellent and good is the cultivation of Zuhayr!' The people said, 'This is not Zuhayr's.' The Prophet, peace and blessings be upon him, asked, 'Is this not Zuhayr's land?' The people replied, 'Yes, but so-and-so has cultivated it (without permission).' He said, 'Return to him his expenses (costs), and you take back your cultivation.' Hazrat Rafi' says, 'We returned his expenses to him and took back the cultivation.' Hazrat Sa'id says, 'Give your brother the land as a loan for cultivation, or else rent it out to him for silver.'"

23901 - Sa'id said: "(Make poor) (1) (your brother) (2) or force with silver."