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سنن دارمي
Darimi
من كتاب البيوعFrom the Book of Sales
باب في الْحِمَى:Chapter on reserved pastures
Hadith 2647
اُردوEn
أَخْبَرَنَا عَبْدُ اللَّهِ بْنُ الزُّبَيْرِ، حَدَّثَنَا الْفَرَجُ بْنُ سَعِيدٍ، قَالَ: أَخْبَرَنِي عَمِّي ثَابِتُ بْنُ سَعِيدٍ، عَنْ أَبِيهِ سَعِيدٍ، عَنْ جَدِّهِ أَبْيَضَ بْنِ حَمَّالٍ: أَنَّهُ سَأَلَ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنْ حِمَى الْأَرَاكِ، فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: "لَا حِمَى فِي الْأَرَاكِ"، فَقَالَ: أَرَاكَةٌ فِي حِظَارِي ؟، فَقَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: "لَا حِمَى فِي الْأَرَاكِ" . قَالَ فَرَجٌ: يَعْنِي ابْنُ أَبْيَضُ: بِحِظَارِي: الْأَرْضَ الَّتِي فِيهَا الزَّرْعُ الْمُحَاطُ عَلَيْهَا.
It is narrated from Sayyiduna Abyad bin Jamal (may Allah be pleased with him) that he sought permission from the Messenger of Allah (peace and blessings of Allah be upon him) to set boundaries around the pilu trees, so the Messenger of Allah (peace and blessings of Allah be upon him) said: "There can be no restriction (boundary) in pilu." He said: These pilu trees are the ones inside my field? The Noble Prophet (peace and blessings of Allah be upon him) said: "There is no enclosure in pilu."
Faraj (ibn Sa'id) bin Abyad said: By "hizari" is meant the land in which the crop has been surrounded (i.e., a fence or ditch, etc., has been made to set a boundary).
Faraj (ibn Sa'id) bin Abyad said: By "hizari" is meant the land in which the crop has been surrounded (i.e., a fence or ditch, etc., has been made to set a boundary).
Brief Explanation
(Commentary on Hadith 2646)
The prohibition of enclosing the pilu tree was because people need it for miswak (tooth-stick) and other uses, and what is meant here are those trees that are already present in the field. The purpose of enclosure was to create such a barrier that people would not come to cut from it or let their animals graze there. Most likely, like salt, water, grass, and fire, this too was considered as belonging to the general ownership of the Muslims.
And Allah knows best.
The prohibition of enclosing the pilu tree was because people need it for miswak (tooth-stick) and other uses, and what is meant here are those trees that are already present in the field. The purpose of enclosure was to create such a barrier that people would not come to cut from it or let their animals graze there. Most likely, like salt, water, grass, and fire, this too was considered as belonging to the general ownership of the Muslims.
And Allah knows best.
