Author: Hafiz Zubair Ali Zai (May Allah have mercy on him)
In worldly matters, the general principle is permissibility, and the prohibition requires clear and explicit evidence. Based on this principle, leasing land is entirely permissible and correct, as there is no evidence to the contrary.
Regarding the narration where Sayyiduna Rafi' bin Khadij and several other Companions (may Allah be pleased with them) reported that the Prophet Muhammad (peace be upon him) prohibited leasing land, this prohibition is not an absolute prohibition. It is rather a recommendation for leniency. If someone does not cultivate the land themselves, it is better and a good deed to give the land to another Muslim without any compensation. The prohibition from the Prophet (peace be upon him) only applies to instances where injustice or exploitation may occur, not to all types of leasing, because:
Sayyiduna Rafi' bin Khadij's Own Practice:
The Companion who reported the prohibition, Sayyiduna Rafi' bin Khadij, himself believed in the permissibility of leasing land. He stated:
"I asked Rafi' bin Khadij about renting land for gold and silver (cash). He said: 'There is no harm in it. The people used to rent land in the time of the Prophet (peace be upon him) on the condition that the crop by the channels or the areas of water or a portion of the produce was for them. Then one would be destroyed and the other would remain unharmed. The people only had this form of rent, so the Prophet (peace be upon him) prohibited it. As for something specified and guaranteed, there is no harm in it.'"
[Sahih Bukhari: 2346, Sahih Muslim: 166/1547]
Another narration from Sahih Muslim [117/1547] states:
"We were more active in farming than anyone else among the Ansar. We used to rent land on the condition that one side would be ours and the other side would be theirs. Sometimes one part would produce and the other would not. This is what the Prophet (peace be upon him) prohibited. However, as for renting for cash, he did not prohibit us."
Sahih Bukhari also mentions:
"As for renting for gold and silver, it was not present at that time when the Prophet (peace be upon him) prohibited it."
[Sahih Bukhari: 2327]
Imam Baghawi after narrating this Hadith, comments:
"This Hadith is proof of the permissibility of leasing land. The majority of scholars have agreed on its permissibility with gold, silver, and other forms of wealth, regardless of whether it is something the land produces or not, as long as the amount and quality are known. This is similar to the permissibility of renting other things, such as slaves, animals, etc. In summary, whatever is permissible to sell, is also permissible to lease."
[Sharh al-Sunnah by Baghawi: 263/8]
Other Scholars' Views: Shaykh al-Islam Ibn Taymiyyah mentioned:
"All the scholars of Hadith who compiled all its paths, like Ahmad bin Hanbal and his companions, Ishaq bin Rahwayh, Abu Bakr Abu Shaybah, Sulaiman bin Dawood al-Hashimi, Abu Khaythama Zuhayr bin Harb, most of the scholars of Kufah, like Sufyan al-Thawri, Muhammad bin Abd al-Rahman bin Abi Layla, Abu Dawood, and the majority of later scholars of Hadith like Ibn al-Mundhir, Ibn Khuzaymah, Khattabi, and others, the Zahiris, and most of Abu Hanifah's followers, all permitted sharecropping and leasing, following the Sunnah of the Prophet (peace be upon him) and his rightly guided Caliphs and Companions, as well as the practice of the predecessors and the majority of Muslims."
[Majmoo' al-Fatawa by Ibn Taymiyyah: 94-95/29]
Explanation by Ibn al-Qayyim: Ibn al-Qayyim wrote:
"The narrations from Rafi' indicate that the prohibition was due to specific conditions. These reasons show that the prohibition was not general but was related to unjust practices."
[Hashiyat Ibn al-Qayyim 'ala Sunan Abi Dawood: 9/186]
He further clarifies:
"The prohibition of sharecropping by the Prophet (peace be upon him) was related to unjust practices, as explained in the Hadiths of the Companions."
[Hashiyat Ibn al-Qayyim 'ala Sunan Abi Dawood: 9/193]
Imam Ibn Daqiq al-'Eid explained:
"This Hadith indicates the permissibility of renting land for gold and silver (cash). There are general Hadiths that prohibit renting land, but this Hadith clarifies that such prohibition is not absolute."
[Ahkam al-Ahkam Sharh Umdat al-Ahkam by Ibn Daqiq al-'Eid: p. 380]
It becomes evident that the prohibition mentioned by the Prophet (peace be upon him) was specific to situations of exploitation and unfairness, not a blanket prohibition on all forms of leasing. Sayyiduna Rafi' bin Khadij clarified that certain practices were being prohibited, not the leasing itself.
Supporting Narrations:
Sayyiduna Rafi' bin Khadij reported:
"There are three types of people who can cultivate the land: A person who is given land as a gift, and he cultivates it; a person who has his own land, and he cultivates it; and a person who rents land for gold or silver (cash) and cultivates it."
[Sunan an-Nasa'i: 3890, Musannaf Ibn Abi Shaybah: 22872, Sunan al-Kubra by Nasa'i: 4617, Sunan ad-Daraqutni: 145, with a sound chain]
This Hadith indicates that renting land for cash is permissible.
Sayyiduna Zaid bin Thabit said:
"May Allah forgive Rafi' bin Khadij! I know the Hadith better than him. Indeed, two men who had a dispute came to the Prophet (peace be upon him). He said, 'If this is your situation, then do not rent the land.' Rafi' heard the Prophet (peace be upon him) say, 'Do not rent the land,' but he did not hear the reason."
[Musnad Ahmad: 187/5, Sunan Abu Dawood: 3390, Sunan Ibn Majah: 2461, Sunan an-Nasa'i: 3927, Sunan al-Kubra: 106/3, with a sound chain]
Sayyiduna Zaid bin Thabit believed that the prohibition reported by Sayyiduna Rafi' bin Khadij was understood as an absolute prohibition, but Rafi' himself considered it specific to exploitative situations. He allowed renting land for cash.
Sayyiduna Abdullah bin Umar reported:
"I knew that during the time of the Prophet (peace be upon him), the land was leased. Then Abdullah (bin Umar) feared that the Prophet (peace be upon him) might have changed something that he did not know, so he stopped renting the land."
[Sahih Bukhari: 2345, Sahih Muslim: 122/1547]
This indicates that leasing land was practiced during the time of the Prophet (peace be upon him) and continued afterward. Sayyiduna Abdullah bin Umar stopped the practice out of fear of a potential new ruling, not due to an absolute prohibition.
Sayyiduna Abdullah bin Abbas said:
"The best thing you can do is to rent unused land for gold and silver (cash)."
[Musannaf Ibn Abi Shaybah: 22877, Musannaf Abdul Razzaq: 492/4, Sunan al-Kubra by al-Bayhaqi: 133/6, Sahih Bukhari: before 2346]
Imam Ibn Shihab al-Zuhri reported from Said bin al-Musayyib:
"There is no harm in renting land for gold and silver (cash)."
[Muwatta by Imam Malik: 1391, with a sound chain]
Imam Ubaydullah bin al-Umari reported:
"Imam Salim bin Abdullah bin Umar, Imam Said bin al-Musayyib, Imam Urwah Zubair, and Imam Zuhri all believed there was no harm in renting land for gold and silver (cash)."
[Musannaf Ibn Abi Shaybah: 22877, with a sound chain]
Hajjaj bin Dinar reported:
"I asked Imam Abu Ja'far al-Baqir (Muhammad bin Ali bin al-Husayn bin Ali) about renting land without trees for dirhams and dinars (cash). He said, 'It is good; we do this in Medina.'"
[Musannaf Ibn Abi Shaybah: 22881, with a sound chain]
Mu'awiyah bin Abi Ishaq reported:
"I asked Imam Said bin Jubayr about renting land, and he said, 'There is no harm in it.'"
[Musannaf Ibn Abi Shaybah: 22883, with a sound chain]
In worldly matters, the general principle is permissibility, and the prohibition requires clear and explicit evidence. Based on this principle, leasing land is entirely permissible and correct, as there is no evidence to the contrary.
Regarding the narration where Sayyiduna Rafi' bin Khadij and several other Companions (may Allah be pleased with them) reported that the Prophet Muhammad (peace be upon him) prohibited leasing land, this prohibition is not an absolute prohibition. It is rather a recommendation for leniency. If someone does not cultivate the land themselves, it is better and a good deed to give the land to another Muslim without any compensation. The prohibition from the Prophet (peace be upon him) only applies to instances where injustice or exploitation may occur, not to all types of leasing, because:
Sayyiduna Rafi' bin Khadij's Own Practice:
The Companion who reported the prohibition, Sayyiduna Rafi' bin Khadij, himself believed in the permissibility of leasing land. He stated:
"I asked Rafi' bin Khadij about renting land for gold and silver (cash). He said: 'There is no harm in it. The people used to rent land in the time of the Prophet (peace be upon him) on the condition that the crop by the channels or the areas of water or a portion of the produce was for them. Then one would be destroyed and the other would remain unharmed. The people only had this form of rent, so the Prophet (peace be upon him) prohibited it. As for something specified and guaranteed, there is no harm in it.'"
[Sahih Bukhari: 2346, Sahih Muslim: 166/1547]
Another narration from Sahih Muslim [117/1547] states:
"We were more active in farming than anyone else among the Ansar. We used to rent land on the condition that one side would be ours and the other side would be theirs. Sometimes one part would produce and the other would not. This is what the Prophet (peace be upon him) prohibited. However, as for renting for cash, he did not prohibit us."
Sahih Bukhari also mentions:
"As for renting for gold and silver, it was not present at that time when the Prophet (peace be upon him) prohibited it."
[Sahih Bukhari: 2327]
Imam Baghawi after narrating this Hadith, comments:
"This Hadith is proof of the permissibility of leasing land. The majority of scholars have agreed on its permissibility with gold, silver, and other forms of wealth, regardless of whether it is something the land produces or not, as long as the amount and quality are known. This is similar to the permissibility of renting other things, such as slaves, animals, etc. In summary, whatever is permissible to sell, is also permissible to lease."
[Sharh al-Sunnah by Baghawi: 263/8]
Other Scholars' Views: Shaykh al-Islam Ibn Taymiyyah mentioned:
"All the scholars of Hadith who compiled all its paths, like Ahmad bin Hanbal and his companions, Ishaq bin Rahwayh, Abu Bakr Abu Shaybah, Sulaiman bin Dawood al-Hashimi, Abu Khaythama Zuhayr bin Harb, most of the scholars of Kufah, like Sufyan al-Thawri, Muhammad bin Abd al-Rahman bin Abi Layla, Abu Dawood, and the majority of later scholars of Hadith like Ibn al-Mundhir, Ibn Khuzaymah, Khattabi, and others, the Zahiris, and most of Abu Hanifah's followers, all permitted sharecropping and leasing, following the Sunnah of the Prophet (peace be upon him) and his rightly guided Caliphs and Companions, as well as the practice of the predecessors and the majority of Muslims."
[Majmoo' al-Fatawa by Ibn Taymiyyah: 94-95/29]
Explanation by Ibn al-Qayyim: Ibn al-Qayyim wrote:
"The narrations from Rafi' indicate that the prohibition was due to specific conditions. These reasons show that the prohibition was not general but was related to unjust practices."
[Hashiyat Ibn al-Qayyim 'ala Sunan Abi Dawood: 9/186]
He further clarifies:
"The prohibition of sharecropping by the Prophet (peace be upon him) was related to unjust practices, as explained in the Hadiths of the Companions."
[Hashiyat Ibn al-Qayyim 'ala Sunan Abi Dawood: 9/193]
Imam Ibn Daqiq al-'Eid explained:
"This Hadith indicates the permissibility of renting land for gold and silver (cash). There are general Hadiths that prohibit renting land, but this Hadith clarifies that such prohibition is not absolute."
[Ahkam al-Ahkam Sharh Umdat al-Ahkam by Ibn Daqiq al-'Eid: p. 380]
It becomes evident that the prohibition mentioned by the Prophet (peace be upon him) was specific to situations of exploitation and unfairness, not a blanket prohibition on all forms of leasing. Sayyiduna Rafi' bin Khadij clarified that certain practices were being prohibited, not the leasing itself.
Supporting Narrations:
Sayyiduna Rafi' bin Khadij reported:
"There are three types of people who can cultivate the land: A person who is given land as a gift, and he cultivates it; a person who has his own land, and he cultivates it; and a person who rents land for gold or silver (cash) and cultivates it."
[Sunan an-Nasa'i: 3890, Musannaf Ibn Abi Shaybah: 22872, Sunan al-Kubra by Nasa'i: 4617, Sunan ad-Daraqutni: 145, with a sound chain]
This Hadith indicates that renting land for cash is permissible.
Sayyiduna Zaid bin Thabit said:
"May Allah forgive Rafi' bin Khadij! I know the Hadith better than him. Indeed, two men who had a dispute came to the Prophet (peace be upon him). He said, 'If this is your situation, then do not rent the land.' Rafi' heard the Prophet (peace be upon him) say, 'Do not rent the land,' but he did not hear the reason."
[Musnad Ahmad: 187/5, Sunan Abu Dawood: 3390, Sunan Ibn Majah: 2461, Sunan an-Nasa'i: 3927, Sunan al-Kubra: 106/3, with a sound chain]
Sayyiduna Zaid bin Thabit believed that the prohibition reported by Sayyiduna Rafi' bin Khadij was understood as an absolute prohibition, but Rafi' himself considered it specific to exploitative situations. He allowed renting land for cash.
Sayyiduna Abdullah bin Umar reported:
"I knew that during the time of the Prophet (peace be upon him), the land was leased. Then Abdullah (bin Umar) feared that the Prophet (peace be upon him) might have changed something that he did not know, so he stopped renting the land."
[Sahih Bukhari: 2345, Sahih Muslim: 122/1547]
This indicates that leasing land was practiced during the time of the Prophet (peace be upon him) and continued afterward. Sayyiduna Abdullah bin Umar stopped the practice out of fear of a potential new ruling, not due to an absolute prohibition.
Sayyiduna Abdullah bin Abbas said:
"The best thing you can do is to rent unused land for gold and silver (cash)."
[Musannaf Ibn Abi Shaybah: 22877, Musannaf Abdul Razzaq: 492/4, Sunan al-Kubra by al-Bayhaqi: 133/6, Sahih Bukhari: before 2346]
Imam Ibn Shihab al-Zuhri reported from Said bin al-Musayyib:
"There is no harm in renting land for gold and silver (cash)."
[Muwatta by Imam Malik: 1391, with a sound chain]
Imam Ubaydullah bin al-Umari reported:
"Imam Salim bin Abdullah bin Umar, Imam Said bin al-Musayyib, Imam Urwah Zubair, and Imam Zuhri all believed there was no harm in renting land for gold and silver (cash)."
[Musannaf Ibn Abi Shaybah: 22877, with a sound chain]
Hajjaj bin Dinar reported:
"I asked Imam Abu Ja'far al-Baqir (Muhammad bin Ali bin al-Husayn bin Ali) about renting land without trees for dirhams and dinars (cash). He said, 'It is good; we do this in Medina.'"
[Musannaf Ibn Abi Shaybah: 22881, with a sound chain]
Mu'awiyah bin Abi Ishaq reported:
"I asked Imam Said bin Jubayr about renting land, and he said, 'There is no harm in it.'"
[Musannaf Ibn Abi Shaybah: 22883, with a sound chain]