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 3920
اُردوEn
أَخْبَرَنَا مُحَمَّدُ بْنُ الْمُثَنَّى ، قَالَ : حَدَّثَنَا يَحْيَى ، عَنْ أَبِي جَعْفَرٍ الْخَطْمِيِّ وَاسْمُهُ عُمَيْرُ بْنُ يَزِيدَ , قَالَ : أَرْسَلَنِي عَمِّي وَغُلَامًا لَهُ إِلَى سَعِيدِ بْنِ الْمُسَيِّبِ أَسْأَلُهُ عَنِ الْمُزَارَعَةِ ؟ فَقَالَ : كَانَ ابْنُ عُمَرَ لَا يَرَى بِهَا بَأْسًا , حَتَّى بَلَغَهُ عَنْ رَافِعِ بْنِ خَدِيجٍ حَدِيثٌ فَلَقِيَهُ ، فَقَالَ رَافِعٌ : أَتَى النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ بَنِي حَارِثَةَ فَرَأَى زَرْعًا ، فَقَالَ : " مَا أَحْسَنَ زَرْعَ ظُهَيْرٍ " . فَقَالُوا : لَيْسَ لِظُهَيْرٍ . فَقَالَ : " أَلَيْسَ أَرْضُ ظُهَيْرٍ ؟ " قَالُوا : بَلَى ، وَلَكِنَّهُ أَزْرَعَهَا . فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " خُذُوا زَرْعَكُمْ , وَرُدُّوا إِلَيْهِ نَفَقَتَهُ " ، قَالَ : فَأَخَذْنَا زَرْعَنَا , وَرَدَدْنَا إِلَيْهِ نَفَقَتَهُ . وَرَوَاهُ طَارِقُ بْنُ عَبْدِ الرَّحْمَنِ ، عَنْ سَعِيدٍ , وَاخْتُلِفَ عَلَيْهِ فِيهِ .
´It was narrated that Abu Ja'far Al-Khatmi - whose name was 'Umair bin Yazid - said:` "My paternal uncle sent me with a slave of his, to Sa'eed bin Al-Musayyab to ask him about Al-Muzara'ah. He said: 'Ibn 'Umar did not see anything wrong with it, until he heard the Hadith from Rafi' bin Khadij. Then he met him, and Rafi' said: "The Prophet came to Banu Harithah and saw some crops. He said: 'How good are the crops of Zubair.' They said: 'It is not Zubair's.' He said: 'Is the land not Zubair's?' They said: 'No (it is not his), rather he is leasing it.' The Messenger of Allah said: 'Take your crops and give him what he spent.' So we took our crops, and gave him what he had spent."
Related hadith on this topic
Explanation & Benefits
Hafiz Muhammad Ameen
(1) The details of this issue have already been discussed previously. (See, Hadith: 3893)
(2) "Return the expenses"—it is as if, on the basis of this invalid contract, it became like someone cultivated another's land without permission. And the ruling for unauthorized cultivation is precisely this: the land belongs to the owner of the land, and the one who cultivated without permission will be reimbursed for his expenses.
(2) "Return the expenses"—it is as if, on the basis of this invalid contract, it became like someone cultivated another's land without permission. And the ruling for unauthorized cultivation is precisely this: the land belongs to the owner of the land, and the one who cultivated without permission will be reimbursed for his expenses.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3920
Shaykh Umar Farooq Saeedi
Benefits and Issues:
This narration has a weak chain of transmission.
But when combined with another narration, from the statement of the Prophet (sallallahu alayhi wa sallam): "You both engaged in a usurious transaction,"
it becomes clear that in agreements regarding water channels, irrigation paths, etc., the shares of the parties in the produce are not determined.
And, similar to riba (usury), one of the parties takes the right of the other without any compensation.
Therefore, this is prohibited.
This narration has a weak chain of transmission.
But when combined with another narration, from the statement of the Prophet (sallallahu alayhi wa sallam): "You both engaged in a usurious transaction,"
it becomes clear that in agreements regarding water channels, irrigation paths, etc., the shares of the parties in the produce are not determined.
And, similar to riba (usury), one of the parties takes the right of the other without any compensation.
Therefore, this is prohibited.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3402
Shaykh Umar Farooq Saeedi
Benefits and Issues:
This land, as Hazrat Rafi' himself explained in Hadith 3392, was given according to a single prevalent method.
In which there were unlawful conditions.
The shares of both parties were not clear and specified.
And there was a possibility of conflict.
Therefore, the Messenger of Allah (sallallahu alayhi wa sallam) ordered the annulment of this contract of sharecropping (muzara'ah).
This land, as Hazrat Rafi' himself explained in Hadith 3392, was given according to a single prevalent method.
In which there were unlawful conditions.
The shares of both parties were not clear and specified.
And there was a possibility of conflict.
Therefore, the Messenger of Allah (sallallahu alayhi wa sallam) ordered the annulment of this contract of sharecropping (muzara'ah).
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3399
