This excerpt is taken from Dr. Yusuf al-Qaradawi's book Halal and Haram in Islam, translated into Urdu by Muhammad Tahir Naqqash.
Leasing Land for Cash Rent
The fourth method is that the person cultivating the land is given it on the condition that he will pay the owner of the land a fixed rent in cash. Many famous jurists consider this method permissible, but other jurists prohibit it. They argue from the hadith in which the Prophet ﷺ forbade leasing land. This narration is reported by two prominent Badr companions, may Allah be pleased with them, and Rafi' bin Khadij, Jabir, Abu Saeed, Abu Hurairah, Ibn Umar, may Allah be pleased with them all, from the Prophet ﷺ, who completely forbade leasing land.
Reference: See: Al-Muhalla, Vol: 8, p: 212
ميں كهتا هوں : يه احاديث اگرچه ان ميں سے بعض ممانعت ميں مطلق هيں مگر بعض دوسري پر دلالت كرتي هيں كه يه مزارعت كي ممانعت اس وقت كے ساته پابند هے جب خراب شرطوں ميں سے كوئي شرط پائي جائے جو خرابي اور نزاع كا باعث بنيں. جيسا كه سيدنا رافع رضى الله عنه پر هونے والي مجموعي روايات كو جمع كرنے سے پته چلتا هے اور جيسا كه مؤلف نے خود اس فصل ميں مزارعت فاسده كي تشريح كي هے. اس پر دلالت والي يه بات بهي هے كه مزارعت كي ممانعت والي احاديث كے راوي سيدنا رافع رضى الله عنه نے خود صراحت سے بيان كيا هے كه درهم و دينار مقرر كر كے زمين كو كرائے پر دينے ميں كوئي حرج نهيں، بلكه سيدنا ثابت رضى الله عنه سے نبي صلى الله عليه وسلم كي جانب مرفوع حديث ميں آتا هے كه رسول الله صلى الله عليه وسلم نے مزارعت سے منع كيا هے اور كرائے پر زمين دينے كي اجازت دي هے. فرمايا اس ميں كوئي حرج نهيں جيسا كه حديث نمبر 364 كے تحت گزر چكا هے. اس ميں ابن حزم رحمه الله كے اس قول كي كه زمين كرائے پر دينا حرام هے. صريح ترديد موجود هے.
تمام روايات كے ليے ديكهئے : بخاري كتاب الحرث باب ما كان اصحاب النبى صلى الله عليه وسلم يواسي بعضهم ح : 2345 ، 2339 ، ومسلم كتاب البيوع باب كراء الأرض ح : 1536 - 1547 دو بزرگ بدري صحابه سے مراد رافع بن خديج رضى الله عنه كے دو چچا، ظهير بن رافع اور ايك دوسرے هيں.
The only exception to leasing is the sharecropping (muzara'ah) arrangement. The Prophet ﷺ engaged in sharecropping with the people of Khyber during his lifetime, and this practice continued during the era of the Rightly Guided Caliphs, may Allah be pleased with them.
Anyone who looks at this issue from a legislative perspective will agree with Ibn Hazm, may Allah have mercy on him, who stated that when the Prophet ﷺ came to Madinah, people used to lease their fields. But the Prophet ﷺ forbade them from leasing land, as proven by authentic hadiths. Therefore, anyone who claims that this prohibition has been abrogated and leasing is permissible is completely wrong and cannot prove his point. Except that giving a fixed share of the produce is permissible. Because it is established from the Prophet ﷺ that after forbidding leasing, he engaged in sharecropping in Khyber and continued this practice until his death.
Reference: Al-Muhalla - Vol: 8, p: 224
This was the stance of a group among the Salaf. For example, Tawus, may Allah have mercy on him, a jurist and venerable Tabi'i from Yemen, considered leasing land for gold and silver as disliked (makruh). However, he did not find any objection to giving land on the condition of sharecropping, i.e., one-third or one-fourth of the produce. When some people objected, saying that the Prophet ﷺ forbade leasing land, he said: "Our master Mu'adh, may Allah be pleased with him, came to us; the Prophet ﷺ sent him to Yemen. He leased land on the condition of one-third or one-fourth of the produce. Since then, we have been practicing this."
Reference: Ibn Majah, Kitab al-Ruhun, Chapter on the concession in sharecropping with one-third and one-fourth, Hadith: 2463, 2462 and similar
Thus, according to Sayyiduna Tawus, may Allah have mercy on him, the prohibition is specifically on taking rent in the form of gold and silver (cash). As for sharecropping, there is no objection.
Muhammad bin Sirin, may Allah have mercy on him, also narrated this from Qasim bin Muhammad bin Abi Bakr Siddiq, may Allah be pleased with him. However, a group among the Tabi'in holds the view that leasing land is prohibited in every form, whether in cash or sharecropping. But there is no doubt that their position is weak and less preferred. Because the Messenger of Allah ﷺ, the Rightly Guided Caliphs, and Sayyiduna Mu'adh, may Allah be pleased with him, engaged in sharecropping, which proves its permissibility, and in earlier times, Muslims legislated accordingly in practice. However, the prohibition of leasing land in cash is established by authentic hadith and is also reasonable.
It is also required by analogy that renting out land for cash should not be permitted
In light of the principles of Islam and the clear and explicit texts, analogy also demands for the following reasons that renting out bare land for cash should not be permitted:
➊ Because the Prophet ﷺ forbade renting out land for a fixed portion of the produce, such as one or two qintars (a heap or a measure), and only permitted the sharecropping (muzara'ah) form. That is, the transaction should be based on a proportional share of the produce, such as one-fourth, one-third, or half, or according to our interpretation, a percentage ratio, so that both parties benefit if there is a yield, and both share the loss in case of any calamity (natural or otherwise). In contrast, fixing one party’s share so that they are definitely in profit and leaving the other party to uncertainty, where they might only get sweat without any gain, closely resembles usury and gambling!!!
Considering this, when we reflect on renting land for cash, it does not differ from the prohibited form of sharecropping mentioned above. The landowner certainly receives their cash rent, but the tenant risks their labor and effort. They do not know whether they will earn or suffer a loss, or whether there will be any produce at all.
➋ Furthermore, a person who rents out something other than land, such as a house or a vehicle, is the owner of that item and is entitled to rent because they make it usable for the tenant. They have the right to compensation for the wear and tear (depreciation) caused by its use. But renting out land requires no preparation. The ability to grow crops is created by Allah, not the landowner, and using the land for agriculture does not cause wear like machinery rusts or buildings decay.
➌ It is also true that when a person rents a house, they directly benefit from the residence without any intermediary. Similarly, when someone rents a machine, they benefit directly from it. But with land, one does not directly benefit, nor is the benefit guaranteed. Renting land is not like renting a house where benefit is certain; rather, the tenant rents the land hoping for benefit and sometimes gains through effort and sometimes does not. Therefore, equating land rent with house rent or similar is not correct.
➍ The authentic hadith states that the Prophet ﷺ forbade selling fruits in fields and gardens before they ripen. The reason given is: when Allah has deprived the fruits, how can you make your brother’s property lawful for yourself?
Reference: Bukhari, Book of Sales, Chapter: If fruits are sold before they ripen, Hadith: 2199, 2198; Muslim, Book of Irrigation, Chapter: Imposing Calamities, Hadith: 1535, 1555
This prohibition applies when the fruits have begun to ripen but their soundness cannot yet be assured. They might be affected by a calamity and fail to ripen. So how can renting out bare land, which has neither been tilled nor sown, not be prohibited?
The correct and just form is sharecropping (muzara'ah), where both parties share in profit and loss.
Reference: See Ibn Hazm al-Muhalli: Vol. 8, Ibn Taymiyyah’s Al-Qawa’id al-Nuraniyyah, and Abul A’la Maududi’s Mulkiyyat al-Ard fi al-Islam
Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) stated that sharecropping is the form that aligns with the principles of Shariah and justice. Compared to rent, sharecropping is based on justice and Shariah principles because both parties share profit and loss. In contrast, in rent, the landowner receives rent regardless, but the tenant sometimes gains produce and sometimes is deprived, sometimes even losing their capital.
Reference: Al-Hisbah fi al-Islam by Ibn Taymiyyah, p. 21
Ibn Qayyim (may Allah have mercy on him) said: Muslims practiced this just form of sharecropping during the time of the Prophet ﷺ and the Rightly Guided Caliphs. Among the Muhajirin, the families of Abu Bakr (may Allah be pleased with him), Umar (may Allah be pleased with him), Uthman (may Allah be pleased with him), Ali (may Allah be pleased with him), etc., practiced it. The senior Companions (may Allah be pleased with them all) accepted its permissibility, such as Ibn Mas’ud (may Allah be pleased with him), Abu bin Ka’b (may Allah be pleased with him), Zaid bin Thabit (may Allah be pleased with him), and this is also the view of the hadith jurists Ahmad bin Hanbal (may Allah have mercy on him), Ishaq bin Rahwayh (may Allah have mercy on him), Imam Bukhari (may Allah have mercy on him), Dawud bin Ali (may Allah have mercy on him), Ibn Khuzaymah (may Allah have mercy on him), Abu Bakr Mundhir (may Allah have mercy on him), Muhammad bin Nasr Marwazi (may Allah have mercy on him). Also, the general imams of Muslims such as Laith bin Sa’d (may Allah have mercy on him), Ibn Abi Layla (may Allah have mercy on him), Abu Yusuf (may Allah have mercy on him), Muhammad bin Hasan (may Allah have mercy on him), etc., hold the same view.
The Prophet ﷺ made a deal with the people of Khaybar on the condition of half the produce, which he maintained until his death.
Reference: Bukhari, Book of Agriculture, Chapter: Sharecropping by Half and the Like, Hadith: 2328; Muslim, Book of Irrigation, Chapter: Irrigation, Hadith: 1551
This practice continued later until Umar (may Allah be pleased with him) exiled them. The agreement with them was on the condition that they would spend their wealth on cultivating the land and the seeds would be their responsibility.
Therefore, the opinion of those scholars who permit both cases regarding seeds seems correct: one case where the seeds are provided by the cultivator, and the other where both the cultivator and the landowner provide the seeds.
Reference: Al-Turuq al-Hikmiyyah, p. 250
Among the many narrations about sharecropping, none mention the cultivator’s share as less than half. In some cases, it was even more. Hence, the settled view is that the cultivator’s share should not be less than half. This is how the Prophet ﷺ and the Rightly Guided Caliphs dealt with the Jews of Khaybar.
In essence, it does not seem appropriate that the share of a static thing like land should be greater than the share of a human being.
