Muslim

Hadith Commentary:
From the pen of the Khateeb al-Islam, the erudite scholar, Hazrat Maulana Abdur Rauf Sahib Rahmani, Administrator of Jamia Sirajul Uloom, Jhandanagar, Nepal, may Allah perpetuate his blessings. At the conclusion of the Book of Agriculture (Kitab al-Muzara‘ah) and the Book of Sharecropping (Kitab al-Musaqat), we are presenting a scholarly commentary for the further benefit of our esteemed readers. This is the result of the intellectual effort of Fadhilat al-Sheikh Maulana Abdur Rauf Rahmani, may his honor be increased.

The learned scholar has, in this treatise, made a successful attempt to further instill the issues of sharecropping (muzara‘ah) in an even better manner.

For this, the respected Maulana is deserving of thanks not only from me but from all the esteemed readers of Sahih Bukhari.

May Allah the Exalted grant the respected Maulana the blessings of both worlds for this great service of translation and commentary on Sahih Bukhari, and accept his noble services.

Maulana himself is also a successful landowner.

Therefore, the extent to which the details he has provided are comprehensive, readers can judge for themselves. The text of the respected Maulana’s beneficial explanations is as follows.

(Translator)

Arrangements for the Cultivation of Land:

(1)
All raw produce and food items of the country depend on the cultivation of land.

The Messenger of Allah (sallallahu alayhi wa sallam) also encouraged keeping the land inhabited and flourishing.

It is narrated from Hazrat Abdullah bin Amr (radi Allahu anhu) that the Messenger of Allah (sallallahu alayhi wa sallam) said: “Whoever buys a village and cultivates it, it is a right upon Allah to help him.” (Muntakhab Kanz al-Ummal, Vol. 2, p. 128)

Similarly, in Kitab al-Kharaj, Qadi Abu Yusuf (rahimahullah) has narrated a hadith of the Messenger of Allah (sallallahu alayhi wa sallam): “Whoever revives dead land, it becomes his property, and the right of one who withholds it without cultivation lapses after three years.” (Kitab al-Kharaj, p. 72)

(2)
Imam Bukhari (rahimahullah) has narrated a hadith that the Messenger of Allah (sallallahu alayhi wa sallam) said: “If you hear that the Day of Judgment has been established and in your hand is a sapling, then do not waste it; rather, plant it in the ground and take your last breath.” (Al-Adab al-Mufrad, p. 69)

In another narration, it is stated: “If you hear that the one-eyed Dajjal has emerged and all other signs of the Hour have become manifest, and you wish to plant a tender sapling in the ground, then do so. And do not be negligent in its care and nurturing, for this is, in any case, a necessary effort for the sustenance of life.” (Al-Adab al-Mufrad, p. 69)

Warning:

Reflecting on these narrations, it becomes clear that practical arrangements for obtaining produce from the land and for planting fruit-bearing trees and grain crops are so important that even at the time of death or the coming of the Hour, a person should not show any negligence or carelessness in agricultural work and land production.

Is the profession of agriculture contemptible? In light of these circumstances, it cannot be said that the profession of agriculture is contemptible.

A hadith is narrated from Hazrat Abu Umamah Bahili (radi Allahu anhu) that the Prophet (sallallahu alayhi wa sallam), upon seeing the plough and some agricultural tools, said: “These will not enter the house of a people except that Allah will cause humiliation to enter it.” But in light of the explanation of Shah Waliullah Muhaddith Dehlawi (rahimahullah) and Imam Bukhari (rahimahullah), the meaning is that the profession of agriculture demands such full-time engagement that whoever becomes engrossed in it will neglect the most important work of Islamic life, i.e., jihad, and will remain heedless of it. And it is obvious that abandoning jihad is tantamount to withdrawing from strength and power.

In any case, if there is any censure of agriculture, it is due to its all-consuming occupation, which keeps one so busy that it makes one heedless and unconcerned with all other important objectives.

Shah Waliullah (rahimahullah) writes under this philosophy: “When they abandon jihad and follow the tails of cattle, humiliation surrounds them and the people of other religions dominate them.” (Hujjat Allah al-Baligha, Vol. 2, p. 173)

That is, farmers, by being preoccupied with cattle, become heedless of jihad, and humiliation surrounds them. And the farmers’ and landowners’ neglect of jihad destroys their remaining strength and power, and all religions and sects gain dominance over them.

However, if one does not neglect jihad or other important religious objectives, then the cultivation and inhabitation of land itself is among the important objectives.

Accordingly, the Messenger of Allah (sallallahu alayhi wa sallam) himself granted various lands to people as fiefs so that they would keep them inhabited and flourishing, and so that the creation of Allah and themselves could benefit from them.

The Real Objective is for the Land to Remain Inhabited and Publicly Beneficial:

(1)
When Hazrat Umar (radi Allahu anhu) paid special attention to agriculture, some people cultivated certain neglected portions of fiefs. The original landowners came to the court of Farooq (Umar) to complain. Hazrat Umar said: “You people left it uncultivated until now. Now that these people have cultivated it, you want to remove them. If it were not for the respect due to the fact that the Messenger of Allah (sallallahu alayhi wa sallam) granted you these fiefs, I would not give you anything. But my decision is that if you pay them the compensation for their cultivation and breaking of the fallow, the land will be returned to you. Otherwise, if you cannot do so, then by paying the value of the uncultivated land, those who cultivated it will become its owners.” The final words of the decree are: “And if you wish, return to them the price of the land’s surface, then it is theirs.” (Kitab al-Amwal, p. 389)

After this, a general order was given that whoever left any land uncultivated for three years, whoever cultivated it after that, his ownership would be recognized. (Kitab al-Kharaj, p. 72)

This order had a significant effect, and many idle and merely held lands became cultivated.

(2)
The Messenger of Allah (sallallahu alayhi wa sallam) granted a man a long tract of land as a fief. Hazrat Umar (radi Allahu anhu) took back from him the uncultivated portion, leaving only the cultivated part. (Kitab al-Kharaj, p. 78)

(3)
Hazrat Abu Bakr (radi Allahu anhu) granted Hazrat Talha (radi Allahu anhu) a fief (qati‘ah) and handed over the decree to him in the presence of some witnesses, among whom was Hazrat Umar (radi Allahu anhu). When Hazrat Talha (radi Allahu anhu) went to Hazrat Umar (radi Allahu anhu) for his signature, Farooq al-Azam refused to sign and said: “Is all this for you alone, excluding the people?” Hazrat Talha (radi Allahu anhu), filled with anger, went to Hazrat Abu Bakr (radi Allahu anhu) and said: “By Allah, I do not know whether you are the Caliph or Umar?” Hazrat Abu Bakr (radi Allahu anhu) replied: “Umar, but the obedience is to me. Yes, insha’Allah al-‘Aziz, in the future Umar Farooq will be the Commander of the Faithful, but the obedience will be to me.” Thus, due to the opposition of Farooq al-Azam, he did not get the fief. (Muntakhab Kanz al-Ummal, Vol. 4, p. 390; Kitab al-Amwal, p. 276)

(4)
Similarly, a fief was granted to ‘Uyaynah bin Hisn (radi Allahu anhu) by Siddiq Akbar (radi Allahu anhu). When he came to Hazrat Umar (radi Allahu anhu) for his signature, Farooq not only refused to sign but erased the written lines. ‘Uyaynah (radi Allahu anhu) went back to Siddiq Akbar (radi Allahu anhu) and requested another decree, but Hazrat Abu Bakr said openly: “By Allah, I will not renew anything that Umar (radi Allahu anhu) has rejected.” (Muntakhab Kanz al-Ummal, Vol. 4, p. 219)

In this context, Ibn al-Jawzi (rahimahullah) has further written that Hazrat Umar (radi Allahu anhu) came in haste to Hazrat Abu Bakr (radi Allahu anhu) and said: “These fiefs and lands you are giving them, are they your personal property or the property of all Muslims?” Hazrat Abu Bakr (radi Allahu anhu) replied: “They belong to everyone.” Hazrat Umar (radi Allahu anhu) asked: “Then why have you specified such a large fief for a particular person?” Hazrat Abu Bakr (radi Allahu anhu) said: “I did so after consulting those who sit with me.” Hazrat Umar (radi Allahu anhu) said: “They cannot be representatives of everyone.” (Sirat Umar ibn al-Khattab, p. 40; al-Isabah by Ibn Hajar, rahimahullah, Vol. 3, p. 56)

In any case, the reason for this strong objection can be found in Hazrat Umar’s words: “Is all this for you alone, excluding the people?” (Muntakhab Kanz al-Ummal, Vol. 4, p. 371; Kitab al-Amwal, p. 277)

From these narrations, it is clear that something of public benefit cannot be legally specified for a single individual; any fief or property will only be given to a person to the extent that he can keep it green, flourishing, and inhabited.

In reality, the intention of the Messenger of Allah (sallallahu alayhi wa sallam) and the two Shaykhs (Abu Bakr and Umar, radi Allahu anhuma) was that by granting plots to people, the lands would be brought under cultivation so that more and more grain could be made available for the creation of Allah.

However, it should always be kept in mind that land should not fall into the hands of only the wealthy, becoming a means of luxury and indulgence, nor should it remain idle. Therefore, it was necessary to ensure that land was given only to those who were capable and only as much as they could make productive.

In any case, for the benefit of the public, idle and surplus cultivable land is taken under the administration of the Islamic government so that it can be distributed among those who deserve it.

During the British rule, it was customary for people to have land registered as self-cultivated and to have fictitious names entered, thereby remaining in possession of the land. This made it impossible for others to benefit from the land due to the nomination of a single individual.

Because of the mere possession of agricultural land and the inability to bring all lands under cultivation, famine and shortage of produce continued in the country.

The intention of Islam is that you should only possess as much land as you can cultivate yourself, or as much as you can bring under cultivation through laborers and ploughmen. The rest should be handed over to the government.

The Islamic government has the right to give notice to the owner and landholder: “If you are unable to cultivate it, we will cultivate and plant it.” Quoting these words of the government’s notice, Allamah Abu Bakr al-Jassas has written: “Likewise, the Imam should do with the lands of those unable to cultivate them.” (Ahkam al-Qur’an, Vol. 3, p. 532)

And such circular orders used to be issued by the government. For example, the words of Umar ibn Abd al-Aziz’s (rahimahullah) decree are quoted in books, that he used to write to his governors: “Do not leave the land uncultivated.” (Al-Muhalla by Ibn Hazm, Vol. 8, p. 216)

Umar ibn Abd al-Aziz (rahimahullah) used to repeatedly instruct his officials to arrange for the farmers to manage the lands on half the produce. If they were not willing, then on a third; if still not cultivated, then on a tenth. And finally, he allowed: “If no one cultivates it, then grant it to people for free.” And if even for free no one is willing to take it, then his order was: “If no one cultivates it, then spend on it from the treasury of the Muslims.” That is, use the government treasury to cultivate the uncultivated lands.

In any case, no possible means for the cultivation of land was left untried.

Hazrat Umar (radi Allahu anhu) acquired agricultural lands from the usurious capitalists of Najran by paying compensation and arranged for their management with local farmers.

Accordingly, Hafiz Ibn Hajar (rahimahullah) has quoted Hazrat Umar’s (radi Allahu anhu) decree on this occasion: “If the oxen and iron (ploughs) are provided by the farmers, then they will get two-thirds of the produce, and Umar (the government) will get one-third. If Umar (the government) provides the seeds, then he will get half.” (Fath al-Bari, Vol. 5, p. 9)

This incident clearly shows the concern for land cultivation and the justice and consideration for the rights of the subjects.

(5)
A piece of land was allotted to some members of the tribe of Muzaynah. They left the fief uncultivated, so others cultivated it. The people of Muzaynah complained to Hazrat Umar (radi Allahu anhu), who said: “Whoever leaves land uncultivated for three years, and another person cultivates it, the latter will be entitled to it.” (Al-Ahkam al-Sultaniyyah by Mawardi, p. 182)

(6)
Hazrat Bilal bin Harith Muzani (radi Allahu anhu) was told by Sayyiduna Farooq al-Azam (radi Allahu anhu): “Take from it as much as you can cultivate.” That is, from the land that the Messenger of Allah (sallallahu alayhi wa sallam) granted you, keep only as much as you can keep cultivated. But when he could not cultivate the entire land, Farooq al-Azam distributed the remaining land among other Muslims and said to Hazrat Bilal: “The Messenger of Allah (sallallahu alayhi wa sallam) gave you the land so that you could benefit from it. The intention of the Prophet (sallallahu alayhi wa sallam) was not that you should merely remain in possession of it.” (Ta‘liq Kitab al-Amwal, p. 290, referencing Abu Dawud, Mustadrak Hakim, and Khulasat al-Wafa, p. 237)

(Note) This Bilal (radi Allahu anhu) is not Bilal the Mu’adhdhin of the Messenger, but Bilal bin Abi Rabah. (Al-Isti‘ab)

(7)
A similar incident occurred during the rule of Umar ibn Abd al-Aziz (rahimahullah): A man, thinking a piece of land was uncultivated, cultivated it. When the owner found out, he brought a claim. Umar ibn Abd al-Aziz (rahimahullah) said: “Pay him for the labor and effort he spent on the land, as if he did it for you.” The owner said: “I cannot afford to pay his expenses.” So he said to the defendant: “Pay him the price of the land and become its owner, and keep the field green and flourishing.” (Kitab al-Amwal, p. 289)

These decisions show that their intention was that land should never remain uncultivated and idle, and everyone should only keep as much as he can cultivate himself or have cultivated.

In light of these incidents, the summary of the discussion is that those large tracts of land which are in the possession of such landowners who neither cultivate them themselves nor have them cultivated by laborers, but wish to remain in possession through fictitious entries of self-cultivation and fictitious registrations—there is no justification for such oppressive possession in Islamic law.

In the system of landlords and feudal lords, it was common for them to remain in possession of such lands and have fictitious entries of self-cultivation made in the patwari’s records, even though in reality they were not cultivating them.

Arrangements for Interest-Free Loans for Land Cultivation:

In today’s era, the government, for the improvement of farmers, opens seed societies and distributes agricultural tools, seeds, etc., on interest-based loans. But in the era of the Rightly Guided Caliphs, this was not the case. Rather, even non-Muslim subjects were given interest-free funds for their agricultural needs and provision of tools.

Hazrat Umar ibn Abd al-Aziz (rahimahullah) sent a decree to the governors of Iraq, Kufa, and Basra, instructing them to assist those non-Muslim subjects who pay us jizya but, due to hardship, cannot cultivate their lands. Give them loans according to their needs so that they can arrange for cultivation, buy oxen, and arrange for sowing. And also inform them that we will not take back this loan this year, but after two years, so that they can properly establish their work. (Kitab al-Amwal, p. 251; Sirat Umar ibn Abd al-Aziz, p. 67)

Arrangements for Water for Land Cultivation and Increased Production:

The production of grain depends on the provision of water and proper irrigation. When land receives abundant water through springs and canals, the grain grows lush and green.

Hazrat Umar (radi Allahu anhu) always took care of this important need of the farmer. When, under the command of Hazrat Sa‘d bin Abi Waqqas (radi Allahu anhu), the Islamic armies conquered the Sawad of Iraq, Hazrat Umar (radi Allahu anhu) sent a decree that movable property—horses, weapons, cash, etc.—should be distributed among the army, and immovable property should remain in the possession of the local inhabitants, so that its revenue and land tax could meet the needs of Islam, the expenses of the frontier armies, and the necessary future military arrangements.

On this occasion, keeping in mind the fertility of the lands, he said: “The land and its canals belong to its cultivators.” (Kitab al-Amwal, p. 59; Sirat Umar by Ibn al-Jawzi, p. 80; Mashahir al-Islam, Vol. 1, p. 317)

Regarding the importance of grain production and irrigation, another incident is noteworthy: Once, a case was brought before Hazrat Umar (radi Allahu anhu). Muhammad bin Maslamah was not allowing Ibn Duhak to take a canal through his land. Hazrat Umar (radi Allahu anhu) said: “You should allow it, because the canal will pass through your land to his, and in the end, you too will benefit from it.” Muhammad bin Maslamah said to the plaintiff: “By Allah, I will not allow it.” Hazrat Umar (radi Allahu anhu) said: “By Allah, the canal will be made, even if it passes over your belly.” He then ordered the canal to be dug, and it was dug. (Muwatta’ Imam Muhammad, p. 382)

These incidents show that in the blessed era of the Rightly Guided Caliphate, every possible arrangement was made for the provision of water and the increase of production for the cultivation and irrigation of land.

Cultivation Without Permission:

Regarding the cultivation of land without permission, sharecropping, and encroachment, a few necessary points are presented.

First, listen to what the Shariah says about cultivating someone’s land without their permission.

In this regard, the Messenger of Allah (sallallahu alayhi wa sallam) said: “Whoever cultivates land without the permission of its owner, he has no right to any of the produce.” This shows that the customary status of land is respected in Shariah. Therefore, if someone takes possession of cultivated and inhabited land without right, his action is absolutely invalid.

But the case of barren and uncultivated land, which the owner has not brought under cultivation for three consecutive years, is entirely different.

Encroachment:

Similarly, the current system of encroachment is absolutely invalid. Islam will never allow a cultivator to take possession of the owner’s land on the basis of fictitious actions by the patwari, etc.

The cultivator’s labor and participation entitle him to the produce and profits of the land, not to its ownership.

Even if a court rules in his favor, and a judge passes a decision based on fictitious evidence and patwari records, it is invalid in Shariah.

There is a severe warning in the hadith regarding this. The Prophet (sallallahu alayhi wa sallam) said: “You bring your disputes to me, and perhaps some of you are more eloquent in presenting their case than others, so I judge according to what I hear. So, if I judge in favor of someone for something that is the right of his brother, let him not take it, for I am giving him a piece of the Fire.” (Mishkat, Vol. 2, Bab al-Aqdiyah)

This narration shows that if a judge, based on patwari records and fictitious evidence, rules in favor of someone for land that is not truly his purchased property, the judge’s decision does not make it lawful for him to take possession as an encroacher.

To collude with the patwari and have such land registered in one’s name or to show it as one’s property, when in fact it is the purchased property of the landowner, is first of all haram, and to consider it lawful on the basis of these lies and false testimonies is doubly haram.

Sharecropping (Batai):

The Messenger of Allah (sallallahu alayhi wa sallam), after conquering Khaybar, entrusted the land to the farmers of Khaybar. It was agreed that half the produce would go to the cultivators and half to the Prophet (sallallahu alayhi wa sallam). When the dates ripened, the Prophet (sallallahu alayhi wa sallam) sent Hazrat Abdullah bin Rawahah (radi Allahu anhu) to estimate the dates. Hazrat Abdullah bin Rawahah (radi Allahu anhu) made a generous estimate, and the Jewish cultivators exclaimed: “By this, the heavens and the earth are established,” meaning that the world is maintained by such justice and fairness.

They fixed the total produce at forty thousand wasqs, divided the entire orchard into two equal parts, and gave them the choice to take whichever part they wished. The narrator states that after harvesting, the produce of one half was not even slightly more than the other. (Kitab al-Amwal, p. 482)

Shaykh al-Islam Allamah Ibn Taymiyyah (rahimahullah) has also written that sharecropping is permissible. He says: “Sharecropping (muzara‘ah) is permissible according to the soundest opinion of the scholars. It was the practice of the Muslims during the time of their Prophet and the era of the Rightly Guided Caliphs. The families of Abu Bakr, Umar, Uthman, Ali (radi Allahu anhum), and others practiced it. It is the view of the leading Companions, the jurists of hadith, Ahmad ibn Hanbal, Ibn Rahwayh, al-Bukhari, Ibn Khuzaymah, and others. The Prophet (sallallahu alayhi wa sallam) made an agreement with the people of Khaybar for half of what was produced from it in fruit and crops until he died.” (Al-Hisbah fi al-Islam, p. 20)

The upshot is that sharecropping is permissible; such practice existed in the Prophetic era, the era of the Rightly Guided Caliphs, and among the Companions (radi Allahu anhum).

The objective of the Shariah is to obtain produce from the land. The land should never remain idle and unproductive in anyone’s hands. Therefore, it is also ordered that if someone, due to necessity, wants to sell his land, he should first offer it to his neighboring cultivator.

The Prophet (sallallahu alayhi wa sallam) said: “Whoever has land or date orchards and wishes to sell them, he should first offer them to his partner.” (Musnad Ahmad, Vol. 3, p. 307)

Similarly, if there is joint ownership in cultivation and someone wants to sell his share, he must first offer it to his partner, as he has the first right. (Musnad Ahmad, Vol. 3, p. 381)

The purpose here is that the other person will provide the tools and arrangements, which may not be readily available, whereas the neighbor already has all the tools and means, so there is greater assurance that the land will be made productive and cultivated. Therefore, it is necessary to offer the land to the neighbor first.

Encouragement for Agriculture:

(11)
Regarding agricultural production, Hazrat Umar (radi Allahu anhu) drew attention in various ways. Some people came from Yemen, and Hazrat Umar asked them: “Who are you?” They replied: “We are those who rely on Allah (mutawakkilun ‘ala Allah).” He said: “You are not truly those who rely on Allah. The true mutawakkil is the one who sows the land, prepares it, plants the seed, and then entrusts its growth and fruit to Allah.” (Muntakhab Kanz al-Ummal, Vol. 2, p. 216)

The meaning is that those who act and then entrust the result to Allah are the real mutawakkilun. The example of the farmer’s life and surrender is the true example of tawakkul. The farmer’s need for the nurturing of the seed in air and water, his gaze to the sky, and his reliance on the mixed conditions of warmth and coolness from the sun and moon, and the way he entrusts all his affairs to Allah after ploughing, is unparalleled in any other field.

Allamah Ghazali (rahimahullah) has written that to separate oneself from agriculture, trade, and other means of livelihood, and to neglect the necessary arrangements for sustenance, is haram. To call this tawakkul is wrong. (Ihya’ ‘Ulum al-Din, Vol. 4, p. 265)

(12)
Hazrat Umar (radi Allahu anhu) also ordered the cultivation and inhabitation of land. He asked a man named Abu Dhubyan: “How much stipend do you receive from the treasury?” He replied: “Two and a half thousand dirhams.” Hazrat Umar said: “O Abu Dhubyan! Engage in agriculture. Do not neglect farming by relying on your stipend.” (Al-Adab al-Mufrad, p. 84)

(13)
Once, Hazrat Umar ordered regarding prisoners: “After investigation, release the farmers and agriculturists first.” The words of the order are: “Release every farmer and cultivator.” (Muntakhab Kanz al-Ummal, Vol. 2, p. 323)

This immediate release of farmers from among the general prisoners was arranged because the public welfare of the country depends on the general production of grain and crops. In our Nepal, all court cases during the farming season are postponed with long dates so that farmers can return home and manage their farming in peace.

The style of the lamenting nightingale was learned from us by the rose; the method of tearing the collar was learned from us.

(14)
Once, Hazrat Umar saw Zayd bin Maslamah cultivating land and said: “Do this, and you will become independent of people, which will be better for your religion and more honorable among them.” Then Hazrat Umar (radi Allahu anhu) recited this verse:

“I will always keep the land of Zawra’ inhabited, for the noble among brothers is the one who has wealth.” (Ihya’ ‘Ulum al-Din, Vol. 2, p. 64)

(15)
During the time of Hazrat Uthman (radi Allahu anhu), when people began to rely on stipends, he also ordered: “Whoever among you has livestock, let him tend to his livestock; whoever has crops, let him tend to his crops, for we will not give the wealth of Allah except to those who fight in His path.” (Al-Imamah wa al-Siyasah, Vol. 1, p. 33)

That is, those who have dairy animals should manage their livelihood through them, and those who have fields should manage their needs through farming. Relying on stipends would disrupt the entire system, so now this wealth will be reserved only for the mujahid and ghazi soldiers.

Accordingly, Hazrat Abu Bakr al-Siddiq (radi Allahu anhu) also used to manage his land at a place called Sukh, and Hazrat Umar (radi Allahu anhu) himself used to have land cultivated. (Bukhari, Kitab al-Muzara‘ah)

Hazrat Ammar bin Yasir (radi Allahu anhu) and Hazrat Abdullah bin Mas‘ud (radi Allahu anhu), among others, also gave various fiefs on sharecropping. (Kitab al-Kharaj, p. 73)

Hadith Commentary:
(1)
When giving ‘ariyah is permissible, then naturally the one receiving the ‘ariyah will go to the orchard to protect his fruits; therefore, he should be given a share of the path and water.
(2)
‘Ariyah is when a person temporarily takes two or three date palm trees, then calls an estimator who assesses how much of the fresh dates on the tree will remain after drying, and then, by taking the estimated amount of dried dates, sells the fresh dates of the tree.
Doing so is permissible, even though it is not permissible to sell dates for dates by estimation, because of the risk of loss and deception. However, since those who receive ‘ariyah are in need, in view of their necessity, the buying and selling of it in a limited quantity has been declared permissible.
Other related discussions about this have already been mentioned in the Book of Sales (Kitab al-Buyu‘).