سنن نسائي
Nasai
كتاب المزارعةThe Book of Agriculture
بَابُ : ذِكْرِ الأَحَادِيثِ الْمُخْتَلِفَةِ فِي النَّهْىِ عَنْ كِرَاءِ الأَرْضِ بِالثُّلُثِ وَالرُّبُعِ وَاخْتِلاَفِ أَلْفَاظِ النَّاقِلِينَ لِلْخَبَرِChapter: Mentioning The Differing Hadiths Regarding The Prohibition Of Leasing Out Land In Return For One Third, Or One Quarter Of The Harvest And The Different Wordings Reported By The Narrators
Hadith 3896
اُردوEn
أَخْبَرَنِي مُحَمَّدُ بْنُ قُدَامَةَ ، قَالَ : حَدَّثَنَا جَرِيرٌ ، عَنْ مَنْصُورٍ ، عَنْ مُجَاهِدٍ ، عَنْ أُسَيْدِ بْنِ ظُهَيْرٍ ، قَالَ : أَتَى عَلَيْنَا رَافِعُ بْنُ خَدِيجٍ , فَقَالَ : وَلَمْ أَفْهَمْ ، فَقَالَ : إِنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ نَهَاكُمْ عَنْ أَمْرٍ كَانَ يَنْفَعُكُمْ ، وَطَاعَةُ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ خَيْرٌ لَكُمْ مِمَّا يَنْفَعُكُمْ : " نَهَاكُمْ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنِ الْحَقْلِ ، وَالْحَقْلُ : الْمُزَارَعَةُ بِالثُّلُثِ وَالرُّبُعِ ، فَمَنْ كَانَ لَهُ أَرْضٌ فَاسْتَغْنَى عَنْهَا فَلْيَمْنَحْهَا أَخَاهُ أَوْ لِيَدَعْ ، وَنَهَاكُمْ عَنِ الْمُزَابَنَةِ , وَالْمُزَابَنَةُ : الرَّجُلُ يَجِيءُ إِلَى النَّخْلِ الْكَثِيرِ بِالْمَالِ الْعَظِيمِ فَيَقُولُ خُذْهُ بِكَذَا وَكَذَا وَسْقًا مِنْ تَمْرِ ذَلِكَ الْعَامِ " .
´It was narrated that Usaid bin Zuhair said:` "Rafi' bin Khadij came to us and I was not sure what he meant. He said: 'The Messenger of Allah has forbidden to you something that used to benefit you, but obedience to the Messenger of Allah is better for you than that which benefits you. The Messenger of Allah has forbidden Al-Haql for you. Al-Haql means share-cropping the land in return for one-third or one-quarter (of the yield). So whoever has land that he does not need, let him give it to his brother (to cultivate it) or let him leave it. And he has forbidden to you Al-Muzabanah. Al-Muzabanah means when a man has a great number of datepalms and says: Take it in return for (a certain number of) Wasqs of dried dates this year.'"
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
➊
Allamah Shawkani writes in Nayl al-Awtar that this hadith has been narrated in a concise form. In the detailed narration, the words of Usayd bin Zuhayr are as follows: When any one of us did not wish to cultivate his land himself, or he was in need, he would give it on sharecropping for half, a third, or a quarter of the produce. And three conditions would be stipulated: the cultivation along the water channels, after the grain was harvested, whatever remained below; and those plots that were irrigated by the channels (would belong to the owner), etc. (Nayl al-Awtar: 5/312, Chapter: The invalidity of the contract if one of them stipulates for himself the straw or a specific plot, and the like)
➋
Even in the case of leaving the land uncultivated, there are many benefits. The grass that grows on this land is grazed by animals. Natural plants and the small and large animals that live among them maintain the balance of the environment.
➊
Allamah Shawkani writes in Nayl al-Awtar that this hadith has been narrated in a concise form. In the detailed narration, the words of Usayd bin Zuhayr are as follows: When any one of us did not wish to cultivate his land himself, or he was in need, he would give it on sharecropping for half, a third, or a quarter of the produce. And three conditions would be stipulated: the cultivation along the water channels, after the grain was harvested, whatever remained below; and those plots that were irrigated by the channels (would belong to the owner), etc. (Nayl al-Awtar: 5/312, Chapter: The invalidity of the contract if one of them stipulates for himself the straw or a specific plot, and the like)
➋
Even in the case of leaving the land uncultivated, there are many benefits. The grass that grows on this land is grazed by animals. Natural plants and the small and large animals that live among them maintain the balance of the environment.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3398
Maulana Ataullah Sajid
Benefits and Issues:
➊
From this hadith, it is understood that the condition regarding half or a quarter of the yield that is prohibited is such that the produce from a specific portion of the land is stipulated for the owner of the land.
The owner would usually select a portion that was located near a water channel or irrigation ditch, etc., because there was an expectation of greater yield from it.
➋
It is permissible to stipulate a condition for half, one-third, or one-quarter of the total yield of the field.
➌
Instead of sharecropping (batai), it is preferable to give the land on loan (ariyah).
➍
Obeying the command of the Messenger of Allah (sallallahu alayhi wa sallam) is more important than apparent worldly benefit, because in following the Prophetic instruction lies benefit for the Hereafter.
➊
From this hadith, it is understood that the condition regarding half or a quarter of the yield that is prohibited is such that the produce from a specific portion of the land is stipulated for the owner of the land.
The owner would usually select a portion that was located near a water channel or irrigation ditch, etc., because there was an expectation of greater yield from it.
➋
It is permissible to stipulate a condition for half, one-third, or one-quarter of the total yield of the field.
➌
Instead of sharecropping (batai), it is preferable to give the land on loan (ariyah).
➍
Obeying the command of the Messenger of Allah (sallallahu alayhi wa sallam) is more important than apparent worldly benefit, because in following the Prophetic instruction lies benefit for the Hereafter.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2460
Hafiz Muhammad Ameen
However, this form of muzabanah is permissible for poor people in small quantities (up to fifteen or twenty mann) for eating and drinking, because this is their necessity and the Shari‘ah takes necessities into consideration. But it is not permissible in large quantities on a commercial basis.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3895
