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سنن نسائي
Nasai
كتاب البيوعThe Book of Financial Transactions
بَابُ : بَيْعِ ضِرَابِ الْجَمَلِChapter: Sud Fees For A Male Camel
Hadith 4674
اُردوEn
أَخْبَرَنِي إِبْرَاهِيمُ بْنُ الْحَسَنِ ، عَنْ حَجَّاجٍ ، قَالَ : قَالَ ابْنُ جُرَيْجٍ : أَخْبَرَنِي أَبُو الزُّبَيْرِ ، أَنَّهُ سَمِعَ جَابِرًا ، يَقُولُ : " نَهَى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنْ بَيْعِ ضِرَابِ الْجَمَلِ ، وَعَنْ بَيْعِ الْمَاءِ ، وَبَيْعِ الْأَرْضِ لِلْحَرْثِ يَبِيعُ الرَّجُلُ أَرْضَهُ وَمَاءَهُ , فَعَنْ ذَلِكَ نَهَى النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ " .
´Jabir said:` "The Messenger of Allah forbade charging stud fees for a camel, the sale of water, the renting of land for cultivation. Selling one's land and water, this is what the Prophet forbade."
Brief Explanation
1؎: By this sharecropping is meant the transaction in which the landowner wishes to take the produce of a specific portion of the land, because the transaction of sharecropping on half the produce was conducted by the Prophet (sallallahu alayhi wa sallam) himself with the people of Khaybar.
Explanation & Benefits
Hafiz Muhammad Ameen
(1) By "the sale of the camel's mating," what is meant is the compensation for mating, because this is its natural requirement. Therefore, neither is it permissible to take a wage for it, nor is it permissible to withhold the male. However, if after mating someone, out of happiness, gives something to the owner of the male, then there is allowance for this. Such a thing, instead of being consumed by oneself, should be spent on the male itself. According to some jurists, this prohibition is of a discouraging (tanzihi) nature.
(2) By "the sale of land," what is meant is sharecropping (batai) or leasing (theka). Its detailed discussion has already passed under hadith number 3893. In sharecropping and leasing, if there is no oppressive condition, then there is no harm in them.
(2) By "the sale of land," what is meant is sharecropping (batai) or leasing (theka). Its detailed discussion has already passed under hadith number 3893. In sharecropping and leasing, if there is no oppressive condition, then there is no harm in them.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4674
