Muslim

Hadith Commentary:
The prohibited form of sharecropping (muzara‘ah) is that land is given to someone in exchange for the produce of a specified plot or a fixed quantity of grain; in this there is loss and deception. According to Islamic law, such a practice is not permissible.

Ibn Abbas (radi Allahu anhu) has further clarified that when the Messenger of Allah (sallallahu alayhi wa sallam) said:
“Let him cultivate the land himself or give it to his brother as a favor,”
the purpose was that people should deal with each other with gentleness and kindness.

This does not mean that giving land on a sharecropping basis (batai) is forbidden; rather, one should help one another. In any case, law is one thing and ethics and chivalry are another.

And Allah knows best.

Hadith Commentary: The meaning of the statement of the Prophet (sallallahu alayhi wa sallam) is that if land is lying unused, then one should give it to his Muslim brother for cultivation free of charge. This is better than taking rent for it, and the Prophet (sallallahu alayhi wa sallam) did not prohibit taking rent.

In another narration, Amr said to Tawus, "I wish you would stop sharecropping, because people say that the Prophet (sallallahu alayhi wa sallam) forbade it." He replied, "Amr! I benefit people, and among the Companions, the one who had the most knowledge, that is, Ibn Abbas (radi Allahu anhu), narrated to me..."

It should not be forgotten that the era of the Prophet (sallallahu alayhi wa sallam) was not only the beginning of human, civilizational, and social development in Arabia, but in the whole world. In that era, there was a great need to cultivate uncultivated lands. With these objectives in mind, the Messenger of Islam (sallallahu alayhi wa sallam) considered every possible ease and facilitation in the matter of cultivating land, and encouraged making it more accessible to the public.

However, in later times, the feudal system created two classes: landlords and cultivators, the severe consequences of which both groups are still suffering today in the form of mutual conflict. If only the Islamic system were established in the world, by whose blessing humanity could be saved from these hardships. Ameen.

Hadith Commentary:
The meaning of the statement of the Messenger of Allah (sallallahu alayhi wa sallam) is that if someone has land that is unused and lying idle, he should give it free of charge to his Muslim brother so that he may cultivate it.

It should be noted that at that time, the era of civilizational and social development was in its early stages, and there was a great need to cultivate uncultivated lands. With these objectives in mind, the Prophet (sallallahu alayhi wa sallam) encouraged this practice.

As for cultivated lands, there was already a sharecropping agreement between the Ansar and the Muhajirun. Regarding uncultivated and idle land, the Prophet (sallallahu alayhi wa sallam) said:
“If it is given as a virtue (i.e., free of charge), then that is better.”

This does not negate giving land on the basis of sharecropping or lease.

And Allah knows best.

Hadith Commentary:
Imam Tahawi rahimahullah has narrated from Zayd bin Thabit radi Allahu anhu. He said, "May Allah forgive Rafi‘ bin Khadij; I know this hadith better than him. What happened was that two Ansari men came to the Prophet sallallahu alayhi wa sallam disputing with each other. The Prophet sallallahu alayhi wa sallam said, 'If this is your condition, then do not give your fields on rent.' Rafi‘ heard these words: 'Do not give your fields on rent.' However, the Prophet sallallahu alayhi wa sallam did not prohibit renting out fields. Rather, he considered it undesirable because it could lead to discord and disputes among people.

Here, it is also correct to understand that if someone has surplus land lying unused, it is better for him to give it as a gift to his brother so that he may benefit from it. In such a legal situation, in any case, he remains its owner. And he can also give it on sharecropping or rent. The word 'mukhabarah' refers to cultivating and sowing someone’s field on a sharecropping basis, when the seed also belongs to the worker. In common terminology, this is called sharecropping (batai). 'Khabr' also means a share. 'Mukhabarah' is derived from this. Some have said that this word is derived from Khaybar, because the Prophet sallallahu alayhi wa sallam made this same arrangement with the people of Khaybar: half of the produce would be taken by them and half would be given to him. Some have said that this word is derived from 'khabar', which means soft land. It is said: 'fa dafa‘na fi khabar min al-ard', meaning 'we were thrown into soft land.'

Nawawi rahimahullah has said that the difference between mukhabarah and muzara‘ah is that in mukhabarah, the seed belongs to the worker, not the landowner, whereas in muzara‘ah, the seed belongs to the landowner.

Hadith Commentary:
(1)
Imam Bukhari rahimahullah did not establish a separate heading for this hadith because it is a continuation of the previous topic. There are two forms of sharecropping (muzara‘ah):

One is that land is given to someone for cultivation in exchange for a predetermined share of the produce. This form was mentioned earlier.

The second form is that a fixed wage is taken in exchange for the land. This is described in this hadith. Thus, it is clarified in the books of hadith that Imam Tawus disliked giving land for rent in exchange for gold or silver, but he did not consider it objectionable to give it in exchange for a third or a fourth share of the produce.

Imam Mujahid said to him: Go to the son of Rafi‘ ibn Khadij and listen to the hadith narrated by Rafi‘ ibn Khadij from him.

He said: If I come to know that the Messenger of Allah sallallahu alayhi wa sallam forbade this, then why would I act upon it? But Ibn Abbas radi Allahu anhu narrated to me...

The reference to the aforementioned hadith follows.

(2)
The meaning of the hadith narrated by Ibn Abbas radi Allahu anhu is that if someone has surplus land, it is better that he gives it to his brother for cultivation free of charge; that is, this is the way of virtue and benevolence.

Ibn Abbas radi Allahu anhu understood the reality of the matter well, which clarified the issue.

(Fath al-Bari: 19/5)

In another narration, the reason for the prohibition is stated in a different manner. Zayd ibn Thabit radi Allahu anhu said: May Allah forgive Rafi‘ ibn Khadij! I am more knowledgeable about this hadith than he is.

The incident is that two Ansar came to the Messenger of Allah sallallahu alayhi wa sallam disputing with each other, so he said: “If this is your condition, then do not give your lands on rent.”

Rafi‘ radi Allahu anhu heard these words: “Do not give fields on rent,” whereas the Messenger of Allah sallallahu alayhi wa sallam did not prohibit giving land on rent, but rather he disliked that it would lead to discord and evil among people.

This means that from a moral perspective, he did not consider it good, but its legal status remains that the owner of the land is authorized: he may cultivate it himself, or give it to someone on sharecropping or rent, or give it to someone free of charge.

(‘Umdat al-Qari: 25/9)

(3)
If a person is unable to farm with his own hands, then it is legally permissible for him to give it on rent or sharecropping. However, despite this legal permission, from a moral perspective, it is more preferable that if he cannot farm and he has another means of livelihood, and his brother is completely destitute and without means, then he should give his land to his brother without any compensation so that he can fulfill his needs from it. Thus, through this interpretation of Ibn Abbas radi Allahu anhu, the moral aspect of the Prophetic instruction becomes fully clear.

Hadith Commentary:

Benefits and Issues:
From the hadith of Ibn Abbas (radi Allahu anhuma), it is established that the land will remain the property of the owner; the other person will only have the opportunity to obtain produce from it as an act of goodwill.

Hadith Commentary: Benefits and Issues: The intention of Ibn Abbas radi Allahu anhu is that the Prophet sallallahu alayhi wa sallam made this statement purely to instill feelings of goodwill and compassion, that it is better than taking a fixed income to give one’s brother the opportunity to cultivate the land. And this is in the case when a person has surplus land, which he does not cultivate himself, or is unable to cultivate, and it does not pertain to the land needed for one’s own use, as has been mentioned previously.

Hadith Commentary:
Benefits and Issues:
In the phrase "fasma‘ minhu al-hadith," if "fasma‘" is taken as an imperative form,
it is because Imam Tawus used to give land on sharecropping (batai),
so Imam Mujahid, in order to stop him, told him to listen to this hadith, and in response, he rebuked him,
saying that he knows
which type of sharecropping (muzara‘ah) is prohibited,
and the manner in which
he gives land on sharecropping
is not prohibited,
because he does not take a fixed amount of produce, which is the prohibited form.

(1) Perhaps Tawus (rahimahullah) disliked the fixed payment contract because there is a possibility of loss for the sharecropper in it. The landowner receives the fixed amount, regardless of whether the land yields that much crop or not. However, in sharecropping, there is no risk of loss for only one party; if there is a loss, both share it, and if there is profit, both benefit. And it is a fact that for the sharecropper, sharecropping is better than a fixed payment contract, although the fixed payment contract is also permissible out of necessity. In reality, the fixed payment contract is rent for the land. When renting other things is permissible, then renting land is also permissible. Furthermore, in sharecropping, there is a possibility of dispute, and suspicion about each other can also arise, whereas in the case of a fixed payment contract, the risk of dispute and suspicion does not remain.

(2) “Fixed produce” means half, or a third, or a quarter, etc., not a specified amount by weight, because that is absolutely not permissible.

(3) According to the opinion of Ibn Abbas (radi Allahu anhu), this was advice given out of compassion, not a statement of legal ruling. And this is the correct view.

Benefit:
It is not haram (forbidden) or impermissible to give land on sharecropping or for a portion of the produce, but if one gives it without any compensation, then that is better.

Benefits and Issues:

➊
When asking a scholar about a religious issue, full respect should be observed.

➋
A scholar should explain the issue clearly to the questioner and satisfy him. In support of his own position, he may cite a greater scholar, just as the Tabi‘i (Successor) Tawus rahimahullah cited the two Companions Mu‘adh and Ibn ‘Abbas radi Allahu anhuma. This gives the common questioner greater reassurance.

➌
By “fixed compensation” is meant an agreement for a specified amount.