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سنن دارمي
Darimi
من كتاب البيوعFrom the Book of Sales
باب في النَّهْيِ عَنِ الْمُخَابَرَةِ:Chapter on the prohibition of sharecropping (mukhābara)
Hadith 2651
اُردوEn
أَخْبَرَنَا أَبُو الْحَسَنِ، عَنْ زَكَرِيَّا بْنِ إِسْحَاق، حَدَّثَنَا أَبُو الزُّبَيْرِ: أَنَّهُ سَمِعَ جَابِرًا يَقُولُ: كُنَّا نُخَابِرُ قَبْلَ أَنْ يَنْهَانَا رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنِ الْخِبْرِ بَسَنَتَيْنِ أَوْ ثَلَاثٍ، عَلَى الثُّلُثِ، وَالشَّطْرِ، وَشَيْءٍ مِنْ تِبْنٍ، فَقَالَ لَنَا رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: "مَنْ كَانَتْ لَهُ أَرْضٌ فَلْيَحْرُثْهَا، فَإِنْ كَرِهَ أَنْ يَحْرُثَهَا، فَلْيَمْنَحْهَا أَخَاهُ، فَإِنْ كَرِهَ أَنْ يَمْنَحَهَا أَخَاهُ، فَلْيَدَعْهَا".
Sayyiduna Jabir (may Allah be pleased with him) says: Before the Messenger of Allah (peace and blessings be upon him) forbade mukhabarah, we used to give land for cultivation for two or three years on the condition of receiving one-third or half of the produce, or in exchange for straw. Then the Messenger of Allah (peace and blessings be upon him) said: "Whoever has land should cultivate it himself. If he does not wish to farm it, he should give it to his brother. And if he does not wish to give it to his brother, then let it remain unused (i.e., he should not rent it out)."
Brief Explanation
(Commentary on Hadith 2650)
Mukhābarah: This refers to giving land on a sharecropping basis. Its form is that an agreement is made between the cultivator (muzāri‘) and the landowner regarding a half, third, or quarter share of the produce, such that the cultivator will receive half, a third, or a quarter of the produce in exchange for his labor, and the remainder will belong to the landowner. Similarly, this is called muzāra‘ah. Some scholars have said: when the seed is provided by the landowner, it is called muzāra‘ah, and when the worker (cultivator) provides the seed from his own resources, it is called mukhābarah.
In any case, the Messenger of Allah sallallahu alayhi wa sallam prohibited both muzāra‘ah and mukhābarah. However, despite this prohibition, the scholars have differing opinions on this matter: some have deemed it permissible, while others have deemed it impermissible. The detail in this regard is that the sale (contract) of mukhābarah is not absolutely prohibited; rather, people used to specify the produce of a particular part of the land for the cultivator and the produce of another part for the landowner. Sometimes, the cultivator’s portion would remain safe and sound while the owner’s portion would be destroyed, and sometimes the opposite would occur. In this way, the matter would reach mutual dispute and conflict. Therefore, the Noble Prophet sallallahu alayhi wa sallam prohibited such an arrangement.
A contract of this kind, in which it is agreed that whatever produce is obtained from the land will be divided between the landowner and the cultivator in a fixed share or quantity—such as a quarter or a third of the produce for the cultivator and the remainder for the landowner—then there is no objection or harm in this. The Noble Prophet sallallahu alayhi wa sallam himself made such an agreement with the people of Khaybar on this very principle.
And, except for Imam Abu Hanifah rahimahullah, the other three Imams are of the opinion that giving land on a sharecropping basis is permissible.
This hadith itself encourages one to engage in agriculture personally, or else to give it to one’s brother. And from the last sentence, it appears that one should not give it on a sharecropping basis. However, in many other ahadith, permission has been given to lease or give land on a sharecropping basis, and the prohibition is only in the case where a specific area is designated such that the cultivator will take the produce of that area, and if there is a risk of it being washed away or ruined, then due to the object of sale being unknown (majhūl), this will be impermissible.
Further details will come ahead.
And in [مسلم شريف 3935] it is explicitly stated that there is no harm in giving one’s land on a sharecropping basis; however, if one does not cultivate it oneself, then giving it to one’s brother is more virtuous.
Mukhābarah: This refers to giving land on a sharecropping basis. Its form is that an agreement is made between the cultivator (muzāri‘) and the landowner regarding a half, third, or quarter share of the produce, such that the cultivator will receive half, a third, or a quarter of the produce in exchange for his labor, and the remainder will belong to the landowner. Similarly, this is called muzāra‘ah. Some scholars have said: when the seed is provided by the landowner, it is called muzāra‘ah, and when the worker (cultivator) provides the seed from his own resources, it is called mukhābarah.
In any case, the Messenger of Allah sallallahu alayhi wa sallam prohibited both muzāra‘ah and mukhābarah. However, despite this prohibition, the scholars have differing opinions on this matter: some have deemed it permissible, while others have deemed it impermissible. The detail in this regard is that the sale (contract) of mukhābarah is not absolutely prohibited; rather, people used to specify the produce of a particular part of the land for the cultivator and the produce of another part for the landowner. Sometimes, the cultivator’s portion would remain safe and sound while the owner’s portion would be destroyed, and sometimes the opposite would occur. In this way, the matter would reach mutual dispute and conflict. Therefore, the Noble Prophet sallallahu alayhi wa sallam prohibited such an arrangement.
A contract of this kind, in which it is agreed that whatever produce is obtained from the land will be divided between the landowner and the cultivator in a fixed share or quantity—such as a quarter or a third of the produce for the cultivator and the remainder for the landowner—then there is no objection or harm in this. The Noble Prophet sallallahu alayhi wa sallam himself made such an agreement with the people of Khaybar on this very principle.
And, except for Imam Abu Hanifah rahimahullah, the other three Imams are of the opinion that giving land on a sharecropping basis is permissible.
This hadith itself encourages one to engage in agriculture personally, or else to give it to one’s brother. And from the last sentence, it appears that one should not give it on a sharecropping basis. However, in many other ahadith, permission has been given to lease or give land on a sharecropping basis, and the prohibition is only in the case where a specific area is designated such that the cultivator will take the produce of that area, and if there is a risk of it being washed away or ruined, then due to the object of sale being unknown (majhūl), this will be impermissible.
Further details will come ahead.
And in [مسلم شريف 3935] it is explicitly stated that there is no harm in giving one’s land on a sharecropping basis; however, if one does not cultivate it oneself, then giving it to one’s brother is more virtuous.
