This excerpt is taken from Dr. Yusuf al-Qaradawi's book Halal and Haram in Islam, translated into Urdu by Muhammad Tahir Naqqash.
Utilizing Agricultural Land
When a Muslim legally owns agricultural land according to Shariah, he should try to cultivate the land or plant trees to benefit from it. Leaving the land uncultivated without farming is considered undesirable in Islam. Because in such a case, it would be a disregard for the blessings of Allah. Also, it is a waste of wealth, whereas the Prophet ﷺ forbade wasting wealth.
Reference: Bukhari, Book of Riqaq, Chapter: What is disliked from sayings and narrations: 6473, Muslim, Book of Judgments, Chapter: Prohibition of excessive questioning, Hadith: 593/14
The owner of the land can benefit from it through the following various methods.
Ways to Benefit from the Land
Whether one cultivates the land oneself or plants trees and takes care of their watering and maintenance until they bear fruit, this is a commendable act. And the person will receive reward for the benefit that birds and animals derive from this cultivation. It is also true that great Companions, may Allah be pleased with them, used to personally engage in agricultural work.
Second Method
If one cannot cultivate the land oneself, then one should lease the land to a person who can cultivate it using tools, laborers, seeds, and animals, and the landowner should not take anything from him. Giving land on lease in this manner is desirable and recommended in Islam and also shows concern for the other brother. It is narrated from Sayyiduna Abu Huraira (may Allah be pleased with him) that the Messenger of Allah (peace be upon him) said:
من كانت له أرض فليزرعها أو ليمنحها أخاه
"He who has land should either cultivate it himself or let his brother cultivate it without any payment."
Reference: Bukhari, Book of Agriculture, Chapter: What was the practice of the Companions of the Prophet (peace be upon him), Hadith: 2341; Muslim, Book of Sales, Chapter: Renting Land, Hadith: 1544
The approach of some of the Salaf, in light of the above hadith, is that there are only two ways to benefit from land. One is that the owner cultivates the land himself, and the other is that he gives it to someone else to cultivate without any compensation. In this case, the land remains the property of the owner, but the entire produce belongs to the cultivator.
Imam Ibn Hazm (may Allah have mercy on him) narrated from Al-Awza'i (may Allah have mercy on him) that Ata (may Allah have mercy on him), Makhul (may Allah have mercy on him), Mujahid (may Allah have mercy on him), and Hasan al-Basri (may Allah have mercy on him) said that it is not permissible to give land for cultivation in exchange for dirhams and dinars, nor is it permissible to make any other kind of transaction except that the owner cultivates the land himself or gives it to another person to cultivate without compensation.
And it is narrated from Sayyiduna Abdullah ibn Abbas (may Allah be pleased with him) that the guidance in these hadiths about giving land for cultivation without compensation is not obligatory but recommended and desirable. Accordingly, Imam Bukhari (may Allah have mercy on him) narrated from Amr ibn Dinar (may Allah have mercy on him) that he said: I asked Tawus (may Allah have mercy on him), "What would be the ruling if I abandon sharecropping (muta'a)? Because people think that the Prophet (peace be upon him) forbade it."
Tawus (may Allah have mercy on him) said: The greatest scholar, Sayyiduna Ibn Abbas (may Allah be pleased with him), informed me that the Prophet (peace be upon him) did not forbid it but rather said:
ألان يمنح أحدكم أخاه خير من أن يأخذ عليها خراجا معلوما
"It is better for you to give your brother the land without compensation than to take some produce from it." That is, giving without compensation is better than taking something.
Reference: Bukhari, Book of Agriculture, Chapter 10, Hadith: 2330; Muslim, Book of Sales, Chapter: Land Grant, Hadith: 1500
مخابره
