Nasai

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.

Hadith Commentary: Benefits and Issues: This hadith establishes that, from the Islamic perspective, it is not correct for land to remain uncultivated and unused, that is, for it not to be farmed or put to any other use. One should benefit from the land; it should not simply be left as it is. For this reason, the Prophet sallallahu alayhi wa sallam said: If a person has surplus land and he cannot cultivate it himself, then he should give it as a grant (manihah) to his brother.

In the Arabic language, "manihah" originally refers to a milking goat or she-camel that is given to a brother so that he may drink its milk, and when the milk dries up, it is returned to its owner. (Mu‘jam Maqayis al-Lughah, vol. 5, p. 278; Taj al-‘Arus, vol. 2, p. 223) Therefore, the Prophet sallallahu alayhi wa sallam said: "Al-manihah mardoodah"—the animal given for milking is to be returned.

A great exegete, hadith scholar, jurist, and linguist, Imam Abu ‘Ubayd al-Qasim ibn Sallam rahimahullah, interprets this hadith as follows: "He gives it to his brother so that he may cultivate it, and when he has harvested its produce, he returns it to its owner." (Lisan al-‘Arab, vol. 3, p. 446)

And this hadith also establishes that a person is, on an individual basis, the owner of his land. For this reason, the Prophet sallallahu alayhi wa sallam said: "If the land is more than his need and he himself cannot cultivate it," thus declaring him the owner of the land.

After this, he said, "If he cannot cultivate it and is not willing to temporarily allow a brother to benefit from its produce, then let him keep it with himself." So, in every case, he remains the owner. But in the third scenario, where he neither cultivates the land nor allows anyone else to do so, what benefit will he gain? If he temporarily gives it to a Muslim brother, then that person will benefit from it, he and his family will pray for him, and he will receive countless rewards in the Hereafter. Therefore, major landlords and landowners should allow needy and destitute farmers to temporarily benefit from their surplus land. Even if they retain ownership of the land, at the very least, they should provide them with concessions and facilities so that they too may live in comfort and prosperity, and so that feelings of hatred and animosity are not created in their hearts against them, nor can any selfish leader exploit them, and there will also be no danger of the land being seized.

Hadith Footnote:

Benefits and Issues:
➊ By "qasri" is meant that after threshing the wheat, the grains that remain in the ears and stalks, which are called "qasara," will belong to the owner of the land.
➋ "Min kaza" means that we will take the produce from the land that is on the canals or water channels.
➌ And this method is impermissible because there is uncertainty (gharar) in it, and it is to the detriment of the cultivator (muzari‘), which in the next hadith is referred to as "maziyānāt" (damages/losses).

Hadith Commentary: Benefits and Issues: The owner of the land would keep for himself that portion of the land which, being on the edge of the water channel, was more fertile and yielded greater produce, and he would give to the cultivator that portion of the land which was farther from the water and yielded less produce. Along with this, at times, he would also take a third or a quarter of the cultivator’s share of the land when the land near the water channel was less. And it is evident that there is also uncertainty (gharar) in this, as it is possible that water may not reach the cultivator’s land at all, or the owner’s portion may become waterlogged.

"Madhiyanat" is the plural of "madhiyan." It refers to a water channel in which water flows abundantly.

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.

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.