Muslim

Hadith Footnote:
The meanings of the terms mukhabarah, muhaqalah, and muzabanah have already been written in detail previously.

Commentary:
Explanation:
➊:
For the explanation of Muhaqala and Muzabana, see Hadith number (1224).

➋:
For the explanation of Mukhabara, see:
Hadith number (1290).

➌:
For the explanation of ‘Araya, see:
Commentary on Hadith number (1300).

➍:
Bay‘ al-Sinin is also called Bay‘ al-Mu‘awama.
Its form is that a person sells his orchard for several years.
This sale is not permissible because it falls under the category of selling what does not exist.
There is deception in it.
It is possible that the tree may not bear fruit at all,
or it may bear fruit, but the amount of fruit may exceed the price that was paid.

Explanation:
1:
The explanation of "muhaqalah" and "muzabanah" has already been mentioned; see Hadith number (1224).

2:
The meaning of "mukhabarah" is "muzara'ah," that is, taking land on sharecropping for a third or a quarter of the produce. This transaction is not absolutely prohibited; rather, people used to specify the produce of a certain part of the land for the sharecropper and a certain part for the landowner. This practice has been prohibited, because sometimes the sharecropper's portion remains safe while the owner's portion is destroyed, and sometimes the opposite happens. In this way, the matter leads to mutual dispute and quarrel; therefore, such a practice has been prohibited.

3:
Its form is as follows: for example, someone says, "I sell my orchard, but I will not give some of its trees," and does not specify which trees—then this is not valid, because the excluded trees are unknown. But if he specifies them, then it is permissible, as permission for this is present in the hadith above.

Benefits and Issues:
Explanations (Muhaqalah): Its definition has been given in several ways.
(a) Selling a standing crop in exchange for a known and specified quantity of grain.
(b) The definition which Imam Shafi’i rahimahullah has transmitted from Jabir radi Allahu anhu:
Selling the grain while it is still in the ears—this is the most correct definition.
(Muzabanah): Selling dates on the trees or grapes on the vines for a specified quantity of the same kind of fruit—this is the most correct definition.
(Al-Sahihayn) (Mukhabarah): It is synonymous with muzara’ah (sharecropping).
In fact, musaqah, muzara’ah, and mukhabarah—all three have the same meaning.
(Bay’ al-Muthnayn/Mu’awamah): Selling the specified fruit of a garden or trees for several years.
In this case, no one can know
what the yield will be,
whether diseases will occur or not, etc.
(’Araya): Its explanation has been mentioned in detail previously.
(Hadith 3362) (Istithna’): While selling a garden along with its fruit, saying that “we will continue to eat from it as well,”
or “we are not selling three trees or five trees,”
but if those trees are not specified, then such an exclusion of an unspecified and unknown quantity or trees is impermissible.
If it is known and specified, then there is no harm.

Benefits and Issues:
➊
It is prohibited to sell in advance the fruits of a garden or specific trees for several years.
Because it is not known whether those trees will bear fruit or not, or whether the yield will be little or much.
However, the contract of salam (or salaf) is a different type of sale.
In this, the buyer pays the seller in advance, stipulating that at the time of harvest, a certain quantity of a certain fruit or commodity of a specified quality must be provided. This is permissible because it is not a transaction involving the produce of a specific field, tree, or garden.
Rather, it is a transaction for a commodity or fruit of a particular standard, which can be obtained from anywhere.

➋
As for the transactions that had already taken place at that time, and where the produce was damaged due to calamities, compensation was arranged for the loss, and for the future, the instruction was given to sell fruits and the like only after they become usable.

The explanation of muhaqalah, muzabanah, and mukhabarah has already been mentioned earlier. (See Hadith: 3910) In a sale, istithna (exception) means that the seller says: “I sell you the fruit of this orchard for such-and-such amount, except that the fruit of ten trees will be mine.” However, he does not specify which ten trees’ fruit will be his. In this case, the exception is unknown (majhool), which can lead to dispute and disagreement; therefore, this is prohibited. However, if those ten trees are specified, then this is a known (ma’loom) exception. There is no risk of dispute in this, so such an exception is permissible. Similarly, if the seller says that he will take such-and-such amount (man) of fruit from the orchard, or such-and-such number of oranges, then this too is a known exception and is permissible.

(1) Mu'awiyah bin Salam, Yahya bin Abi Kathir, and mention of Yazid bin Na'eem as an intermediary between them and Jabir radi Allahu anhu, and Hisham bin Abi Abdullah narrates with Abu Salamah as an intermediary. However, this difference is not harmful. In Sahih Muslim, this hadith is narrated through both of these routes.

(2) The meaning of "haql" in this sense is not well-known. Previously (in hadith: 3894, 3895), it has been mentioned that "haql" refers to giving land on sharecropping. However, if "haql" is taken in the meaning of "muhaqala," then this meaning can be established. Because "muhaqala" and "muzabana" are one and the same thing. The only difference is that "muhaqala" pertains to crops, and "muzabana" pertains to fruits. In any case, both are prohibited.

There are two forms of rent: a fixed amount, or a fixed share from the produce, for example: half, one-third, or one-fourth, etc. The first form is commonly known as "theka" (contract farming), and the second form is called "batai" (sharecropping). The meaning of prohibition has already been explained at the beginning.

(1) Mukhabarah refers to giving land on the basis of sharing the produce. The details of its prohibition have already been explained earlier.

(2) Muzabanah is the sale of fruit still on the tree in exchange for a specified amount of dried fruit, and Muhaqalah is the sale of a crop growing in the field in exchange for a specified amount of dried grain. (See the reason for the prohibition of these two in the benefit of Hadith: 3894.)

(3) The sale of unripe fruit is prohibited because many calamities may befall it before it ripens. Later, there is a possibility of dispute, and there is also a strong likelihood of loss to the buyer, while the seller has already taken his money. It is possible that the fruit may be ruined. From where and for what reason will the buyer pay the money?

(4) ‘Ariya (plural: ‘Ariyaa) is an exception to Muzabanah. ‘Ariyah refers to a tree which an orchard owner gives as a gift to a poor person, saying: “Use the fruit of this tree this year.” The tree itself remains the property of the original owner, while the poor person will have to come and go in the orchard for the care and supervision of the fruit, etc. It is possible that his coming and going may cause inconvenience to the orchard owner, or the poor person may not be able to wait until the fruit ripens. Therefore, the Shari‘ah, considering the compulsion of both parties, has permitted that they may sell the fruit present on the tree in exchange for a specified amount of dried fruit. The poor person will receive the dried fruit, and the tree along with its fruit will return to the orchard owner. This is also Muzabanah, but for the poor person, a special permission has been given for a small quantity (up to about twenty mann).

(1) However, the commentary of the Imam is questionable because this hadith is also present in Sahih al-Bukhari and Muslim. In these as well, ‘Ata’ narrates from Jabir radi Allahu anhu, which is a clear proof of his direct hearing from Sayyiduna Jabir radi Allahu anhu. See: (Sahih al-Bukhari, al-Harth wal-Muzara‘ah, Hadith: 2340; and Sahih Muslim, al-Buyu‘, Hadith: 1536, after Hadith: 1543)

(2) “Unknown exception” (majhool istithna), for example: if a person, at the time of selling the fruit of an orchard, says that he will take the fruit of the trees, but does not specify which trees. This type of unknown exception later becomes a cause of dispute, hence it is prohibited. Furthermore, there is also the risk of injustice to the buyer, as the owner of the orchard may reserve the best trees for himself. However, if the trees are specified from the outset, then there is no harm, because the profit is clear.

The explanation of "mukhadarah" and "mukhabarah" as given is not correct; rather, "mukhadarah" refers to the transaction of selling unripe crops, and "mukhabarah" means giving land on sharecropping.

Footnote:
By "mu'awamah" is meant a transaction for several years. (For details, see Hadith: 4630) For further discussion, refer to Hadith: 3910, 4542.

For details, see Hadith number 3910.

Urdu marginal note:
Mukhābarah: Giving land on the basis of sharecropping;
Muzābanah: The sale of fresh fruit still on the tree in exchange for dried fruit;
Muhāqalah: The sale and purchase of a crop with grain still in the field in exchange for dry grain;
For details, see Hadith number: 3910, etc.

Benefit:
It is established from this hadith that land should not be given on lease or sharecropping. However, from other narrations, its permissibility is proven; when there is no deception, it is permissible, and when there is deception, it is not permissible.