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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 3906
اُردوEn
أَخْبَرَنَا عَمْرُو بْنُ عَلِيٍّ ، قَالَ : حَدَّثَنَا يَحْيَى ، قَالَ : حَدَّثَنَا عَبْدُ الْمَلِكِ ، عَنْ عَطَاءٍ ، عَنْ جَابِرٍ ، قَالَ : قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " مَنْ كَانَتْ لَهُ أَرْضٌ فَلْيَزْرَعْهَا ، أَوْ لِيَمْنَحْهَا أَخَاهُ وَلَا يُكْرِيهَا " . تَابَعَهُ عَبْدُ الرَّحْمَنِ بْنُ عَمْرٍو الْأَوْزَاعِيُّ .
´Jabir said:` The Messenger of Allah said: "Whoever has land, let him cultivate it or give it to his brother, and not lease it to him."
Related hadith on this topic
Explanation & Benefits
Hafiz Muhammad Ameen
Urdu marginal note:
"Temporary grant" means to give it for one or two years so that he may obtain produce from it. The land will remain the property of the original owner. After the specified period has passed, the owner will take it back.
"Temporary grant" means to give it for one or two years so that he may obtain produce from it. The land will remain the property of the original owner. After the specified period has passed, the owner will take it back.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3906
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
In reality, when the Muhajirun (Emigrants) arrived in Madinah Tayyibah, the value of land increased. For those lands that were already cultivated, the method of sharecropping was adopted so that the Muhajirun would not become a burden on others and could stand on their own feet through their own labor. In addition, there were some uncultivated lands, which were referred to as surplus lands. The landowners, due to lack of water or some other reason, were unable to cultivate them. These lands were arable, and regarding such lands, the Messenger of Allah (sallallahu alayhi wa sallam) advised that the owners should either cultivate the lands themselves or give them to newcomers as a grant (manihah) so that they could cultivate them. In manihah, the original item must be returned to the owner. It is a requirement of justice that such lands be returned at an appropriate time, just as the Messenger of Allah (sallallahu alayhi wa sallam) returned the manihah trees after the Battle of Khaybar.
(2)
In light of these ahadith, it is questionable to issue a fatwa in favor of socialism that the system of landownership is haram or that the absentee landowner has no existence in Islam. The Messenger of Allah (sallallahu alayhi wa sallam) encouraged people to adopt this method for cultivating their surplus lands; otherwise, they should tie the lands to their backs. And Allah knows best.
(1)
In reality, when the Muhajirun (Emigrants) arrived in Madinah Tayyibah, the value of land increased. For those lands that were already cultivated, the method of sharecropping was adopted so that the Muhajirun would not become a burden on others and could stand on their own feet through their own labor. In addition, there were some uncultivated lands, which were referred to as surplus lands. The landowners, due to lack of water or some other reason, were unable to cultivate them. These lands were arable, and regarding such lands, the Messenger of Allah (sallallahu alayhi wa sallam) advised that the owners should either cultivate the lands themselves or give them to newcomers as a grant (manihah) so that they could cultivate them. In manihah, the original item must be returned to the owner. It is a requirement of justice that such lands be returned at an appropriate time, just as the Messenger of Allah (sallallahu alayhi wa sallam) returned the manihah trees after the Battle of Khaybar.
(2)
In light of these ahadith, it is questionable to issue a fatwa in favor of socialism that the system of landownership is haram or that the absentee landowner has no existence in Islam. The Messenger of Allah (sallallahu alayhi wa sallam) encouraged people to adopt this method for cultivating their surplus lands; otherwise, they should tie the lands to their backs. And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2632
Maulana Ataullah Sajid
Benefits and Issues:
To keep it with oneself means to leave the land lying vacant.
And it is evident that in the case of leaving it vacant, nothing will be gained from the land.
So is it not better to let someone benefit from it?
This is an encouragement towards generosity and the most virtuous action.
To keep it with oneself means to leave the land lying vacant.
And it is evident that in the case of leaving it vacant, nothing will be gained from the land.
So is it not better to let someone benefit from it?
This is an encouragement towards generosity and the most virtuous action.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2451
