Nasai

Hadith Commentary:
That they considered giving land on absolute rent to be prohibited.
Whereas what the Prophet (sallallahu alayhi wa sallam) actually prohibited was giving rent from the produce of the land itself, i.e., sharecropping a specific portion of the yield.
But He did not prohibit fixing the rent in cash; that is permissible.
This discussion has already passed in the Book of Sharecropping (Kitab al-Muzara‘ah).
The hadith mentions the Badri Companions (radi Allahu anhum).
Allamah Qastallani writes:
“And they used to rent out land for what grew therein along the banks of the small river, or for something which the owner of the land would exclude for himself from the cultivator for a particular reason. So the Messenger of Allah (sallallahu alayhi wa sallam) forbade that because of the ignorance (uncertainty) involved.”
(Qastallani)
That is, the Arabs used to rent out land in such a way that the crops near the water channels or specific plots of land would be reserved for themselves; this the Noble Messenger (sallallahu alayhi wa sallam) prohibited.

Hadith Commentary:
➊
The two uncles of Rafi‘ radi Allahu anhu are Zahir and Mazhar, who are the sons of Rafi‘ ibn ‘Adi ibn Yazid al-Ansari.
Both of them participated in the Battle of Badr, as is explicitly mentioned in the narration. However, ‘Allamah Dimyati has denied this, stating that both participated in the Battle of Uhud.
He has said this relying on the narrations of Ibn Sa‘d, even though their participation in the Battle of Badr is established by authentic narrations.
His denial is not based on fact.
(Fath al-Bari: 7/400)
➋
A complete discussion regarding sharecropping (muzara‘ah) and leasing (musaqat) has already passed in the Book of Sales (Kitab al-Buyu‘).
It is prohibited to lease land in exchange for a specific portion of the produce, but the Messenger of Allah sallallahu alayhi wa sallam did not prohibit leasing land in exchange for money, since the first type could lead to disputes.
Therefore, the Messenger of Allah sallallahu alayhi wa sallam forbade it.
And Allah knows best.

Hadith Commentary:
From here, the chapter heading is derived because this is a corrupt condition: that I will take from the produce of this area and you take from that area. This is entirely a situation of dispute.
For this reason, setting such conditions has been declared disliked (makruh).

Hadith Commentary:
(1)
If there is any invalid (fasid) condition in a transaction, or if it leads to harm or deception, then such a transaction is declared impermissible. This is as in the aforementioned case of sharecropping (muzara‘ah), where you specify one part of the land for yourself and another part for the sharecropper, meaning he will take the produce from that part. This condition was a cause of dispute, because sometimes there would be a crop in one part and nothing in the other. When such cases began to come frequently before the Messenger of Allah (sallallahu alayhi wa sallam), he forbade this practice.

(2)
According to us, the conditions for sharecropping (muzara‘ah) are as follows:
➊ Both parties to the contract must be sane, enter into this contract of their own free will, and it is not necessary for them to be adults (baligh).
➋ The land given for sharecropping must not be barren, but rather cultivable, because the transaction of barren land is of a different nature.
➌ Both the owner and the sharecropper must determine their respective shares—how much each will receive. Neither of them should specify a particular weight or field for himself.
➍ From the very beginning, it should be determined regarding the land, plough, oxen, seeds, and water—which item will be the responsibility of whom.
➎ The land should be vacated and handed over to the cultivator; giving land with a standing crop for sharecropping is questionable.
➏ After giving the land on a share basis, both parties must remain partners in the produce according to the agreed shares.

Hadith Commentary:

That is, the type of sharecropping (muzara‘ah) is prohibited in which it is stipulated that “we will take the produce of this particular plot, and you will take the produce of that plot,” because there is deception in this. It is possible that nothing may be produced in that plot.

Hadith Commentary:
(1)
In sharecropping (muzara'ah), it is prohibited to stipulate that "we will take the produce of such-and-such plot, and you may benefit from the produce of the other plot," because there is a possibility of deception in this. It is possible that there may be no yield from the plot given to the sharecropper. Any condition by which the owner takes the produce of a part of the land and the sharecropper is deprived is impermissible.

(2)
There are two permissible forms of sharecropping (muzara'ah):
First, that the land is leased for gold, silver, or money.
Second, that it is given for cultivation on the basis of a half or a third of the produce, so that whatever is produced from the land is divided according to the agreed share.
It is permissible as long as the produce of a specific plot is not designated.
Any condition by which either the owner or the sharecropper is made to bear a loss is not permissible according to the Shari'ah.

Hadith Commentary:
This supports the view of the majority that sharecropping (muzara‘ah) in which there is no deception—such as when the compensation is in the form of money or the produce is divided in half or in quarters—is permissible.
The prohibition applies only to that form of sharecropping in which there is deception, for example, when the compensation is based on the yield from a specific area.

Hadith Commentary:
(1)
Some scholars have also declared it prohibited to lease land for cash payment.
Their evidence is a narration from Jami‘ at-Tirmidhi, in which the Messenger of Allah (sallallahu alayhi wa sallam) forbade giving land on rent in exchange for a portion of its produce or for dirhams.
(Jami‘ at-Tirmidhi, al-Ahkam, Hadith: 1384)
However, Imam Tirmidhi (rahimahullah) himself has declared this hadith to be “mudtarib” (disordered/confused).
Imam Nasa’i (rahimahullah) has also considered it “ma‘lul” (defective), stating that there is no proof of Mujahid having heard it from Rafi‘ (radi Allahu anhu).
Hafiz Ibn Hajar (rahimahullah) has also declared it weak.
(Fath al-Bari: 5/32)
(2)
The prevalent form of leasing land on contract in our region is permissible and valid.
The sharecropping (batai) that has been declared haram is that in which the produce of a specific plot is designated for either the owner or the cultivator, or the transaction is settled on a fixed quantity of grain.
In this, both loss and deception are present as faults.
Imam Layth (rahimahullah) has also explicitly stated that the form of sharecropping (muzara‘ah) which involves deception, etc., is prohibited.
Although this is not established by any explicit text, people of understanding can perceive its prohibition through their own discernment.
In any case, according to the majority, the text regarding leasing land (kara’ al-ard) is to be understood as referring to cases where there is deception and ignorance; sharecropping (muzara‘ah) is not absolutely prohibited, nor is it forbidden to lease land in exchange for dirhams and dinars, i.e., cash payment.
In this regard, a hadith is also narrated that only three types of people may cultivate land:
One who owns the land himself, the second who receives it as a gift or on loan, and the third who leases it for gold or silver.
(Sunan Abi Dawud, al-Buyu‘, Hadith: 3400)
However, Imam Nasa’i (rahimahullah) has clarified that in the marfu‘ (attributed to the Prophet) hadith, only muhaqalah and muzabanah are prohibited; the subsequent statement is interpolated and he has attributed it to Sa‘id ibn al-Musayyib.
(Sunan an-Nasa’i, al-Buyu‘, Hadith: 3921)
Imam Malik (rahimahullah) has also stated in the Muwatta’ that this is the statement of Sa‘id ibn al-Musayyib.
(Fath al-Bari: 5/33)

Hadith Commentary: Benefits and Issues: The correct context of this hadith will become clear ahead from the narration of Zuhayr, the uncle of Rafi radi Allahu anhu.

Hadith Commentary: Benefits and Issues: Of the two paternal uncles of Hazrat Rafi‘ bin Khadij, the name of one, Zuhair bin Rafi‘, is mentioned ahead, and the name of the other, according to Ibn Hajar rahimahullah, is Muhair (on the pattern of Zuhair; it is on the diminutive pattern). Some have written the name as Mazhar.

Hadith Commentary:
Vocabulary of the Hadith:
Balaat:
This refers to a place where stones have been laid,
or bricks have been set.

Hadith Commentary: Benefits and Issues: Ibn Umar radi Allahu anhuma did not mention the era of Ali radi Allahu anhu’s caliphate, because there was no consensus regarding his caliphate. Therefore, Ibn Umar radi Allahu anhuma did not pledge allegiance (bay‘ah) to him. His position was that allegiance can only be given to a caliph upon whom all the people are united. For this reason, he did pledge allegiance to Yazid bin Muawiyah, but after his death, he did not pledge allegiance to either Abdullah bin Zubair or Marwan. After the martyrdom of Abdullah bin Zubair radi Allahu anhu, he pledged allegiance to Abdul Malik, but even during the lifetime of Abdullah bin Zubair radi Allahu anhu, he did not pledge allegiance to him. Furthermore, the fact that for such a long period he gave land on sharecropping (muzara‘ah) and none of the Companions objected to him is evidence that not every form of sharecropping is impermissible. Therefore, he used to say that this is the assumption or opinion of Rafi‘ bin Khadij radi Allahu anhu. For this reason, he would sometimes say that Rafi‘ has deprived us of the benefit of our lands. But in the end, as a precaution, he abandoned it and benefited through another method.

Benefits and Issues:
➊
The truth is that during the Prophetic era, the caliphate of Abu Bakr radi Allahu anhu, and the days of Umar radi Allahu anhu, up until the time when the Jews were expelled from Khaybar, the lands and orchards of Khaybar continued to be given to those same Jews on the basis of sharecropping (muzara‘ah).

➋
The hadiths prohibiting sharecropping (muzara‘ah) are to be understood as being for discouragement (tanzih) and recommendation (istihbab), or they pertain to those prohibited forms which have been mentioned previously. If sharecropping were absolutely prohibited, then the eminent and well-known Companions radi Allahu anhum ajma‘in would never have engaged in such transactions.

➌
From Rafi‘ ibn Khadij radi Allahu anhu, from whom the general prohibition of sharecropping is narrated, there is also narrated from him this clarification: that there is no prohibition in leasing land for a fixed payment (i.e., for cash).

➍
Umar radi Allahu anhu refrained from this practice out of caution and piety, and he became aware of the general hadith of Rafi‘ radi Allahu anhu during the era of Mu‘awiyah radi Allahu anhu.

➎
The view of some hadith scholars that these narrations are “confused” (mudtarib) is questionable. The hadiths make it clear that this is not confusion, but merely a difference between generality and detail. For details, see (Irwa’ al-Ghalil, discussion, hadith: 1478).

Benefits and Issues:
This narration is weak in its chain of transmission.
Hazrat Rafi‘ radi Allahu anhu himself reported the prohibition of a particular form of sharecropping (muzara‘ah).
It must have been this very form that was practiced, and thus it was abrogated.

The meaning is that just as Ayyub did not mention “which uncle” of Hazrat Rafi‘ radi Allahu anhu, in the same way, in agreement with him, the aforementioned three individuals also did not mention the uncle.

(1) "He has agreed." In this chain of narration, the agreement is such that just as Imam Awza'i did not mention the uncle of Rafi' ibn Khadij in his chain, similarly Imam Malik ibn Anas also did not mention the uncle of Rafi' ibn Khadij in his chain. However, there is some difference in the two narrations, although due to this difference in wording, there is no difference or effect on the meaning and purport of the hadith. And Allah knows best.

(2) It is as if the reason for the prohibition was those oppressive conditions on the basis of which the sharecropper would suffer complete loss, that the owner would reserve for himself the crops from the good portions of the land, and the sharecropper would be left with the crops from the inferior portions. Since this was injustice, the Shari'ah prohibited it. If there is no oppressive condition, then there is no harm in sharecropping (muzara'ah). (See: Hadith 3925)

(1) "Awza'i has differed." This difference is as follows: both Layth and Awza'i narrate from Rabi'ah ibn Abi Abd al-Rahman; Rabi'ah narrates from Hanzalah ibn Qays, and he from Rafi' ibn Khadij radi Allahu anhu. However, Layth, in his narration, mentions the uncle of Rafi' as has been mentioned above, whereas Awza'i does not mention "uncle" in his narration.

(2) "There is no harm." There is no harm even in sharecropping (bata'i) if there is no oppressive condition in it. However, it is better for the one who owns surplus land that instead of leasing it out or giving it on sharecropping, he should simply give it to a poor brother to cultivate for a year or two.

Urdu marginal note:
The corroboration (mutaba‘at) by Ibrahim bin Muhajir is in narrating the mursal (disconnected) report.

(1) "There is a difference of opinion." That difference—And Allah knows best—is that several students of Hazrat Nafi' narrated this narration from him, for example: Musa bin Uqbah, Ibn 'Awn, Ayyub, Kathir bin Farqad, 'Ubaydullah bin 'Umar, and Juwayriyah bin Asma', etc. However, among all these students, some narrate this narration from their teacher Hazrat Nafi' using the words "his paternal uncles," and some with the words "some of his paternal uncles," while others narrate this narration without these words altogether.

(2) These situations are absolutely prohibited because such conditions are clear injustice, and in them there is obvious harm to the sharecropper, which the Shari'ah could not have permitted. However, giving land on general sharecropping is permissible.

From this narration, it is understood that Hazrat Rafi‘ bin Khadij radi Allahu anhu did not hear this hadith directly from the Messenger of Allah sallallahu alayhi wa sallam, but rather heard it through his uncle as an intermediary. At times, he did not mention his uncle. It is possible that later he himself went and asked the Messenger of Allah sallallahu alayhi wa sallam directly. And Allah knows best.

Imam al-Nasa'i rahimahullah has stated this in support of the narration reported by al-Aswad.

(1) There are two possibilities regarding "marrah ukhra" (another time): one is that it is the statement of Imam Nasa'i rahimahullah's student, and he is informing about Imam Nasa'i rahimahullah that he narrated to us again. The second possibility is that this is the statement of Imam Nasa'i rahimahullah himself, and he is informing about his teacher, Amr ibn Ali, that he narrated to us again. The wording in Sunan al-Kubra indicates the second meaning. Its wording is: [أَخْبَرَنَا عَمْرُو بْنُ عَلِيٍّ مَرَّةً أُخْرَى ] Here, the translation has been done according to the first meaning. Both are possible. And Allah knows best. For further details, see: (Dhakheerat al-Uqba Sharh Sunan al-Nasa'i: 31/144)

(2) The difference among the narrators is being mentioned. Some have mentioned the name of one Companion, others have mentioned another. It is possible that the narration comes from all of them.

“There has been a difference of opinion.” This means that the students of Sa‘id ibn al-Musayyib have differed regarding him. Some say that Sa‘id mentioned ‘Abdullah ibn ‘Umar (radi Allahu anhu), while others say that he mentioned Sa‘d ibn Abi Waqqas (radi Allahu anhu). Some students narrate Sa‘id’s mursal report, that Sa‘id narrated this hadith from the Messenger of Allah (sallallahu alayhi wa sallam) without mentioning any Companion as an intermediary. And some students have said: “from Sa‘id ibn al-Musayyib, from Rafi‘ ibn Khadij (radi Allahu anhu).” All this detail becomes clearly known by examining the chains of transmission (isnad) of the aforementioned ahadith. The difference in wording is evident. And Allah knows best.

English translation:

There are several students who narrated this hadith from Amr ibn Dinar, for example: Sufyan ibn ‘Uyaynah, Ibn Jurayj, Hammad ibn Zayd, and Muhammad ibn Muslim. Some students, when narrating the hadith, have said: “Amr ibn Dinar from Ibn ‘Umar”; some have said: “Amr ibn Dinar from Jabir”; and some have combined both narrations and said: “Amr ibn Dinar from Ibn ‘Umar and Jabir.” And Allah knows best.

(1) "He has agreed." That agreement is in the sense that just as Sufyan ibn ‘Uyaynah and Ibn Jurayj, in their narration, have stated that ‘Amr ibn Dinar narrated from ‘Abdullah ibn ‘Umar radi Allahu anhu instead of Jabir radi Allahu anhu, similarly, Hammad ibn Zayd has also, in this narration, stated that ‘Amr ibn Dinar narrated from Ibn ‘Umar radi Allahu anhu instead of Jabir.

(2) "The first year" — It has already been mentioned in Hadith:3942 that this refers to the last days of the caliphate of Mu‘awiyah radi Allahu anhu. Therefore, here "the first year" could mean the first year of Yazid's rule, or the first year of the rule of Ibn al-Zubayr radi Allahu anhu. And Allah knows best.

Commentary:
It has been mentioned repeatedly that the Messenger of Allah (sallallahu alayhi wa sallam) forbade the prevalent form of sharecropping (batai) of that time, in which the compensation was fixed either as the produce from specific portions of the land or as a determined quantity of grain. Or, out of compassion, he encouraged large landowners to give land free of charge. Otherwise, sharecropping with correct conditions was practiced during his era. He himself gave the land of Khaybar on sharecropping. This continued during the era of the Rightly Guided Caliphs. Many eminent mujtahid (jurist) Companions continued to give land on sharecropping. Therefore, the established and researched position is that giving land on sharecropping is permissible.

Its explanation is as follows: Previously, it was mentioned that Hammad ibn Zayd, in his narration, agreed with Sufyan and Ibn Jurayj and mentioned Ibn Umar radi Allahu anhu instead of Jabir radi Allahu anhu, whereas in this narration, Jabir is mentioned. In reality, this difference is among the students of Hammad. Yahya ibn Habib and ‘Arim are both students of Hammad. When Yahya ibn Habib narrates, he mentions Ibn Umar, and ‘Arim, instead of Ibn Umar, mentions Jabir. And Allah knows best.

(1) There are two forms of lease: one is a share of the land’s produce, the other is money. If the land is given in exchange for a share of the produce, it is called "batai" (sharecropping), and if it is given for cultivation in exchange for money, it is called "theka" (fixed rent). In the Arabic language, both are referred to as "kira’" (lease/rent).

(2) "Balaat" was the name of a place between the Prophet’s Mosque (Masjid Nabawi) and the marketplace, where people would gather.

Benefits and Issues:
➊ (Mukhābarah)
The meaning of this is that one person owns land and another cultivates it, and there is an agreement between them that a certain portion of the yield will belong to the cultivator and a certain portion to the landowner.
The permissible form of this is that a share is fixed from the total yield, for example, half of the total yield will be for the cultivator and half for the landowner, or one part for the sharecropper and two parts for the landowner.
The prohibited form is that the produce from a specific part of the field will belong to the sharecropper and the produce from another specific part will belong to the landowner. (See Hadith: 2458)

➋
It is better to give surplus land, without any compensation, to someone in need for cultivation—that is, the owner should not take anything from its yield.
This is also a type of charity (sadaqah).

➌
The noble Companions (radi Allahu anhum) did not show any negligence in complying with the instructions of the Prophet (sallallahu alayhi wa sallam).

Benefits and Issues:

➊
The meaning of leasing (for rent) is that an agreement is made with the cultivator for a fixed amount. He cultivates the land, and upon obtaining the produce, he gives the fixed amount to the owner of the land; the remaining income is his own.

➋
Not taking rent and allowing the cultivator to cultivate without compensation is more virtuous. The prohibition of the Messenger of Allah (sallallahu alayhi wa sallam) is to encourage the more virtuous option; otherwise, taking rent for land is permissible. (See Hadith: 2456)
In the era of ignorance (Jahiliyyah), there were certain forms of sharecropping (muzara‘ah) that were prevalent, which are prohibited in Islam.
One should avoid these. (See Hadith: 2458, 2460)

➌
The noble Companions (radi Allahu anhum) exercised caution in doubtful matters and avoided actions in which there was any kind of doubt.
The Prophet (sallallahu alayhi wa sallam) said: Whoever avoids doubtful matters has protected his religion and his honor. (Sahih al-Bukhari, al-Iman, Chapter: The Virtue of One Who Protects His Religion, Hadith: 52, and Sahih Muslim, al-Musaqat, Chapter: Taking the Lawful and Leaving Doubtful Matters, Hadith: 1599)

Benefits and Issues:

➊ For the explanation of muhaqalah and muzabanah, see Benefit No. 2 of Hadith 2265.

➋ Just as financial assistance can be given to a poor person, similarly, a piece of land can also be given to him so that he may cultivate it and earn lawful (halal) sustenance, and this may become a permanent source of income for him.

➌ It is permissible to take or give land on a sharecropping basis (batai); in this, the amount and duration should be clearly specified so that there is no dispute later.

➍ By gold and silver is meant cash, because in that era, gold coins (dinar) and silver coins (dirham) were in circulation.

Fiqh al-Hadith

Since the basic principle in worldly matters is permissibility, and prohibition requires clear and authentic evidence, therefore, according to this principle, leasing land for rent, i.e., on contract, is absolutely permissible and correct. There is no evidence to the contrary.

As for the prohibition from the Prophet sallallahu alayhi wa sallam regarding leasing land, as narrated by Sayyiduna Rafi‘ ibn Khadij and several other Companions radi Allahu anhum, it does not mean prohibition (haram), but rather it is merely a recommendation for leniency. If someone does not cultivate the land himself, it is better and more rewarding for him to give the land to another Muslim without compensation. As for leasing it out, the Prophet sallallahu alayhi wa sallam only prohibited those forms that involved injustice and excess, not every form of leasing, because:

➊ The Companion who narrated this prohibition from the Messenger of Allah sallallahu alayhi wa sallam, Sayyiduna Rafi‘ ibn Khadij radi Allahu anhu, himself held the view that leasing vacant land was permissible. Thus:

❀ Hanzalah ibn Qays rahimahullah narrates:
«سألت رافع بن خديج عن كراء الأرض بالذهب والورق، فقال : لا بأس به، إنما كان الناس يؤاجرون على عهد جرون على عهد النبى صلى الله عليه وسلم على الماذيانات، و أقبال الجداول، وأشياء من الزرع، فيهلك هذا ويسلم هذا، ويسلم هذا و يهلك هذا، فلم يكن للناس كراء إلا هذا، فلذلك زجر عنه، فأماشيء معلوم مضمون، فلا بأس به۔»
“I asked Sayyiduna Rafi‘ ibn Khadij radi Allahu anhu about leasing land for gold and silver (cash payment): he replied, ‘There is no harm in it. (As for the prohibition of the Messenger of Allah sallallahu alayhi wa sallam, the real matter is that) in the blessed era of the Prophet sallallahu alayhi wa sallam, people used to lease land on the condition that the land near the water, the land by the streams, and certain (specified) produce would belong to them. In such cases, sometimes this (portion) would be ruined (incur loss) and that (portion) would remain safe (profitable), and sometimes this would remain safe and that would be ruined. In those days, this was the only way people leased land, so the Prophet sallallahu alayhi wa sallam prohibited it. As for a contract that is known and specified (in the form of cash), there is no harm in it.’” [صحيح البخاري : 2346، صحيح مسلم : 166/1547، واللفظ له]

❀ The wording of a narration in Sahih Muslim [117/1547] is as follows:
«كنا أكثر الأرنصار حقلا، قال : كنا نكري الأرض على أن لنا هذه، ولهم هذه، فربما أخرجت هذه، ولم تخرج هذه، فنهانا عن ذلك، و أما الورق فلم ينهنا»
“We, the Ansar, were the most active in agriculture. We used to lease land on the condition that this part of the land would be for us and that part for them (the owners). Sometimes it would happen that one part of the land would yield good produce and the other would not. The Messenger of Allah sallallahu alayhi wa sallam prohibited us from this method. As for leasing for silver (cash), he did not prohibit us from that.”

❀ In a narration of Sahih Bukhari, Sayyiduna Rafi‘ ibn Khadij radi Allahu anhu states:
«و أما الذهب والورق، فلم يكن يومئذ»
“As for leasing for gold and silver, this was not practiced in those days when the Messenger of Allah sallallahu alayhi wa sallam prohibited it.” [صحيح البخاري : 2327]

◈ Imam Baghawi rahimahullah, after mentioning this hadith, says:
«فيه دليل على جواز إجارة الأراضي، و ذهب عامة أهل العلم إلي جوازها بالدراهم و الدنانيز، و غيرها من صنوف الأموال، سواء كانت مما تنبت الأرض، أولا تنبت، إذا كان معلوما بالعيان، إو بالوصف، كما يجوز إجارة غير الأراضي من العبيد و الدواب و غيرها، و جملته إن ما جاز بيعه، جاز أن يجعل أجرة فى الإجازة۔»
“This hadith is evidence for the permissibility of leasing land. Most scholars hold the view that leasing land for gold, silver (cash), or other types of wealth is permissible, whether that thing grows from the land or not, provided its amount and quality are known. This (leasing land) is just as permissible as leasing other things, such as slaves, animals, etc. In summary, whatever is permissible to buy and sell, it is also permissible to lease for a wage...” [شرح السنة للبغوي : 263/8]

◈ Shaykh al-Islam Ibn Taymiyyah rahimahullah, after mentioning this hadith, says:
«و ذهب جميع فقهاء الحديث الجامعون لطرقه كلهم، كأحمد بن حنبل و أصحابه كلهم من المتقدمين، والمتأخرين، وإسحاق بن راهويه، وأبي بكر أبي شبية، وسليمان بن داود الهاشمي، و أبي خيثمة زهير بن حرب، و أكثر فقهاء الكوفيين، كسفيان الثوري، و محمد بن عبدالرحمن بن أبي ليلي، و أبي داوٗد، وجماهير فقهاء الحديث من المتأخرين : كابن المنذر، وابن خزيمة، والخطابي، وغيرهم، و أهل الظاهر، و أكثر أصحاب أبي حنيفة إلي جواز المزراعة والمؤعة و نحو ذلك اتباعا لسنة رسول الله صلى الله عليه وسلم وسنة خلفائه و أصحابه و ما عليه السلف و عمل جمهور المسلمين»
“In following the Sunnah of the Messenger, the practice of the Rightly Guided Caliphs and other Companions radi Allahu anhum, the way of the pious predecessors and the majority of Muslims, the jurists of hadith who have gathered all the narrations of this hadith—such as Imam Ahmad ibn Hanbal, all his early and later companions, Imam Ishaq ibn Rahwayh, Imam Abu Bakr ibn Abi Shaybah, Imam Sulayman ibn Dawud Hashimi, Imam Abu Khaythamah Zuhayr ibn Harb, most jurists of Kufa, such as Imam Sufyan Thawri, Muhammad ibn Abd al-Rahman ibn Abi Layla, the two students of Imam Abu Hanifah, Abu Yusuf and Muhammad, Imam Bukhari, Imam Abu Dawud, and the majority of later jurists of hadith, such as Imam Ibn al-Mundhir, Imam Ibn Khuzaymah, Khattabi, the literalists, and most followers of Imam Abu Hanifah—all hold the view that sharecropping and leasing, etc., are permissible...” [مجموع الفتاوي لابن تيمية : 95-94/29، القواعد النوانية الفقهية : 163]

◈ Shaykh al-Islam al-Thani, the godly scholar, Imam Ibn al-Qayyim rahimahullah writes:
«و قال ابن المنذر : قد جائت الأخبار عن رافع بعلل، تدل على أن النهي كان بتلك العلل»
“In the narrations from Sayyiduna Rafi‘ ibn Khadij radi Allahu anhu (regarding the prohibition of leasing), several reasons have been mentioned, which prove that the prohibition was due to those reasons (and not an absolute prohibition of leasing).” [حاشية ابن القيم على سنن ابي داود : 186/9]

◈ He also writes:
«المخابرة التى نهاهم عنها رسول الله صلى الله عليه وسلم هي التى كانوا يفعلونها من المخابرة الظالمة الجائزة، و هي التى جائت مفسرة فى أحاديثهم»
“The forms of land contracts that the Messenger of Allah sallallahu alayhi wa sallam prohibited were those based on injustice and excess, as clarified in the hadiths narrated by the Companions radi Allahu anhum...” [حاشية ابن القيم على سنن ابي داوٗد : 193/9]

◈ Imam Ibn Daqiq al-‘Id rahimahullah writes in his commentary on this hadith:
«فيه دليل على جواز كراء الأرض بالذهب والورق، وقد جاءت أحاديث مطلقة فى النهي عن كرائها، وهذا مفسر لذلك الإطلاق»
“This hadith contains evidence for the permissibility of leasing land for gold and silver (cash). Some general hadiths have come regarding the prohibition of leasing land, but this hadith explains and restricts that generality (i.e., it shows that leasing is not absolutely impermissible)…” [احكام الاحكام شرح عمدة الاحكام لابن دقيق العيد : ص 380]
↰ It is thus clear that the Prophet sallallahu alayhi wa sallam only prohibited the incorrect forms of leasing, not leasing in general, because the narrator of the hadith, Sayyiduna Rafi‘ ibn Khadij radi Allahu anhu, himself clarified that the Ansar used to specify a portion of the land at the time of leasing, so that the produce of this part would go to the lessee and that part to the owner; thus, sometimes the lessee would incur a loss and sometimes the owner. Similarly, the agreement would be that regardless of whether the produce was little or much, the owner would take a fixed amount of grain. In this case, there was a risk of loss to one party, so this too was prohibited by the Shari‘ah. As for leasing for cash, this was not practiced in that era when the Prophet sallallahu alayhi wa sallam prohibited it, so how could it be prohibited? This is also the understanding of the jurists and great hadith scholars.

Consider also the following hadith of the Messenger:

➋ Sayyiduna Rafi‘ ibn Khadij radi Allahu anhu narrates that the Messenger of Allah sallallahu alayhi wa sallam said:
«إنما يزرع ثلاثة : رجل منح أرضا فهو يزرع ما منح، و رجل له أرض فهو يزرعها، و رجل استكرٰي أرضا بذهب أو فضة۔»
“Only three people are entitled to cultivate land: one to whom land is given as a gift and he cultivates it, another who owns land and cultivates it, and a third who leases land for gold and silver (cash) and cultivates it.” [سنن النسائي : 3890، مصنف ابن ابي شيبة : 85/7، ح : 22872، السنن الكبرٰي للنسائي : 4617، سنن الدارقطني : 96/3، ح : 145، وسنده حسن]
↰ This hadith indicates that the hadiths of prohibition are not absolute and explicitly states that leasing land for cash is absolutely permissible and correct.

➌ Sayyiduna Zayd ibn Thabit radi Allahu anhu says:
«يغفر الله لرافع بن خديج ! أنا والله أعلم بالحديث منه، إنما أتي رجلان قد اقتتلا، فقال رسول الله صلى الله عليه وسلم، إن كان هذا شأنكم فلا تكروا المزارع، قال فسمع رافع قوله : لا تكروا المزارع»
“May Allah forgive Rafi‘ ibn Khadij radi Allahu anhu. I know this (hadith about the prohibition of leasing land) better than him. In fact, two men came to the Prophet sallallahu alayhi wa sallam who had quarreled (over a leasing matter). The Prophet sallallahu alayhi wa sallam said, ‘If this is your situation, then do not lease land.’ Rafi‘ radi Allahu anhu only heard the Prophet’s statement, ‘Do not lease land’ (and did not hear the reason for the prohibition).” [مسند الامام احمد : 187/5، سنن ابي داود : 3390، سنن ابن ماجه : 2461، سنن النسائي : 3927، السنن الكبرٰي : 106/3، وسنده حسن]
↰ Sayyiduna Zayd ibn Thabit radi Allahu anhu thought that Sayyiduna Rafi‘ ibn Khadij radi Allahu anhu understood the prohibition in the hadith about leasing land as absolute, and that, according to him, all forms of leasing were impermissible. That is why, after hearing the hadith from him, Sayyiduna Abdullah ibn Umar radi Allahu anhu abandoned leasing. However, as mentioned earlier, Sayyiduna Rafi‘ ibn Khadij radi Allahu anhu also considered the prohibition in this hadith to be specific to forms involving injustice and excess, and he too considered leasing land for cash to be permissible. Thus, it is clear that, according to Sayyiduna Zayd ibn Thabit radi Allahu anhu, this hadith is not absolute and not all forms of leasing are impermissible.

➍ Sayyiduna Abdullah ibn Umar radi Allahu anhuma narrates:
«كنت أعلم فى عهد النبى صلى الله عليه وسلم أن الأرض تكري، ثم خشي عبدالله أن يكون النبى صلى الله عليه وسلم قد أحدث فى ذلك شيئا لم يكن يعلمه، فترك كراء الأرض»
“I know that in the blessed era of the Prophet sallallahu alayhi wa sallam, land was leased. (Salim ibn Abdullah ibn Umar narrates that) then Sayyiduna Abdullah ibn Umar radi Allahu anhu (after hearing the hadith of Sayyiduna Rafi‘ ibn Khadij) feared that perhaps the Prophet sallallahu alayhi wa sallam had issued a new ruling about this, so he abandoned the practice of leasing land.” [صحيح البخاري : 2345، صحيح مسلم : 122/1547]
↰ It is thus clear that in the blessed era of the Messenger of Allah sallallahu alayhi wa sallam, the practice of leasing land existed and continued until the end of his life. Sayyiduna Abdullah ibn Umar radi Allahu anhu continued this practice even after the Prophet’s life, but when he heard the hadith of Sayyiduna Rafi‘ ibn Khadij radi Allahu anhu, he abandoned leasing, thinking the prohibition was absolute, even though it has already been clearly mentioned that the prohibition was not absolute, but only applied to certain problematic forms.

➎ Sayyiduna Abdullah ibn Abbas radi Allahu anhuma says:
«إن أمثل ما أنتم صانعون تستأجروالأرض البيصاء بالذهب والورق»
“The best way is that you lease vacant land for gold and silver (cash).” [مصنف ابن ابي شيبة : 87/7، مصنف عبدالرزاق : 492/4، السنن الكبيٰري للبيهقي : 133/6، صحيح البخاري : قبل 2346، تعليقا، وسنده صحيح]

➏ Imam Ibn Shihab al-Zuhri rahimahullah asked Imam Salim ibn Abdullah ibn Umar rahimahullah about leasing land for cash, and he replied:
«لا بأس بها بالذهب والورق» “There is no harm in doing so for gold and silver (cash).” [الموطا للامام مالك : 1392، وسندہ صحيح]

➐ Imam Ibn Shihab al-Zuhri rahimahullah narrates:
“I asked Imam Sa‘id ibn al-Musayyib, the Tabi‘i, about leasing land for gold and silver (cash), and he replied, ‘There is no harm in it.’” [الموطا للامام مالك : 1391، وسندہ صحيح]

➑ Imam ‘Ubaydullah ibn al-‘Umari rahimahullah narrates:
“Imam Salim ibn Abdullah ibn Umar, Imam Sa‘id ibn al-Musayyib, Imam ‘Urwah ibn Zubayr, and Imam al-Zuhri rahimahullah—all considered leasing land for gold and silver (cash) to be permissible.” [مصنف ابن ابي شيبة : 22877، وسنده صحيح]

➒ Hajjaj ibn Dinar narrates about Imam Muhammad ibn Ali ibn al-Husayn ibn Ali Abi Talib, known as Abu Ja‘far al-Baqir rahimahullah:
“I asked Imam Abu Ja‘far al-Baqir rahimahullah about vacant land with no trees: can we lease it for dirhams and dinars? He replied, ‘This is a very good practice; we do this in Madinah.’” [مصنف ابن ابي شيبة : 22881، وسنده حسن]

➓ Mu‘awiyah ibn Abi Ishaq narrates:
«سألت سعيد بن جبير عن إجارة الأرض، فقال : لا بأس بها»
“I asked Imam Sa‘id ibn Jubayr rahimahullah about leasing land, and he replied, ‘There is no harm in it.’” [مصنف ابن ابي شيبة : 22883، وسندہ حسن]

Conclusion:
Leasing land for cash is absolutely correct; there is no legal objection to it. This is established by the hadith of the Messenger, the understanding of the Companions, the practice of the Tabi‘in, and the consensus of the majority of the Ummah.

Takhrij al-Hadith: [وأخرجه مسلم 1547/115 بعد 1548، من حديث مالك مثله و رواه البخاري 2346، 2347، من حديث ربيعة به]
Jurisprudential Points:
➊ It is permissible to lease land in exchange for money.
➋ Salim bin Abdullah bin Umar rahimahullah was asked about leasing land, so he replied: There is no harm in doing so in exchange for gold or silver. [موطأ امام مالك 2/711 ح1454، وسنده صحيح]
➌ Urwah bin al-Zubayr rahimahullah used to lease his land in exchange for gold and silver. [موطأ امام مالك 2/712 ح1456، وسنده صحيح]
➍ It is not permissible to lease land in exchange for the crop of a specific portion of the land set aside for oneself. See Hadith: 158
➎ It is permissible to give land for cultivation on the basis of half, quarter, or other such shares.

Hadith Commentary:
This supports the view of the majority that sharecropping (muzara‘ah) in which there is no deception—such as when the compensation is in the form of money or the produce is divided in half or in quarters—is permissible.
The prohibition applies only to that form of sharecropping in which there is deception, for example, when the compensation is based on the yield from a specific area.

Hadith Commentary:
(1)
Some scholars have also declared it impermissible to lease land in exchange for cash.
Their evidence is a narration from Jami‘ at-Tirmidhi, in which the Messenger of Allah (sallallahu alayhi wa sallam) forbade giving land on rent for a portion of its produce or for dirhams.
(Jami‘ at-Tirmidhi, Al-Ahkam, Hadith: 1384)
However, Imam Tirmidhi (rahimahullah) himself has declared this hadith to be “mudtarib” (problematic due to conflicting narrations).
Imam Nasa’i (rahimahullah) has also considered it “ma‘lul” (defective), stating that the hearing of Mujahid from Rafi‘ (radi Allahu anhu) is not established in this narration.
Hafiz Ibn Hajar (rahimahullah) has also declared it weak.
(Fath al-Bari: 5/32)
(2)
The prevalent form of leasing land on contract in our region is permissible and valid.
The sharecropping (muzara‘ah) that has been declared haram is that in which the produce of a specific plot is designated for either the owner or the cultivator, or the transaction is settled on a fixed quantity of grain.
In this, both loss and deception are present as faults.
Imam Layth (rahimahullah) has also explicitly stated that the form of sharecropping that is prohibited is the one in which there is deception, etc.
Although this is not established by any explicit text, people of understanding can perceive its prohibition through their own discernment.
In any case, according to the majority, the text regarding leasing land (kara’ al-ard) is to be understood as referring to cases where there is deception and ignorance; sharecropping is not absolutely prohibited, nor is leasing land in exchange for dirhams and dinars (i.e., cash) forbidden in itself.
In this regard, a hadith is also narrated that only three types of people can cultivate land:
One whose own land it is, second, one who has received it as a gift or on loan, and third, one who has leased it for gold or silver.
(Sunan Abi Dawud, Al-Buyu‘, Hadith: 3400)
However, Imam Nasa’i (rahimahullah) has clarified that in the marfu‘ (attributed to the Prophet) hadith, only muhaqala and muzabana are prohibited; the subsequent statement is interpolated and he has attributed it to Sa‘id ibn al-Musayyib.
(Sunan an-Nasa’i, Al-Buyu‘, Hadith: 3921)
Imam Malik (rahimahullah) has also stated in the Muwatta’ that this is the statement of Sa‘id ibn al-Musayyib.
(Fath al-Bari: 5/33)