SHOPPING SECTION · 32 – Hadiths Carrying Severe Penalties Regarding Prohibition of Partnership (Ziraat Ortaklığı)
From Sâlim ibn Abdullah ibn Ömer (may Allah be pleased with him), it is narrated that he used to lease out his land until he heard Rafi bin Hadic say, "The Messenger of Allah (peace and blessings upon him) forbade leasing land."
One day, Ibn Umar met Rafi bin Hadic and said, “O Ibn Hadic, what do you relate from the Messenger of Allah (peace and blessings upon him) regarding leasing land?” Rafi said to Abdullah ibn Omar, “I heard two uncles of mine, both of whom participated in the battle of Badr, informing their families, ‘The Messenger of Allah (peace and blessings upon him) forbade leasing land.’”
Abdullah said, "By Allah, I know that land was leased during the lifetime of the Messenger of Allah (peace and blessings upon him)." Then Abdullah ceased to lease out his land, fearing that the Messenger of Allah (peace and blessings upon him) may have brought a new ruling on the matter which he did not know.
Abu Dawud said: This hadith has been narrated by Ayyub Ubaydah, Kasir bin Farqad, and Malik Nafi from Rafi, who narrated it from the Prophet (peace and blessings upon him). Also, this hadith has been narrated by Awza’i from Hafiz ibn Inan, who narrated it from Nafi, who narrated it from Rafi.
Rafi said: I heard the Messenger of Allah (peace and blessings upon him). Similarly, this hadith has been narrated by Zayd bin Abi Yunus from Hakim, who narrated it from Nafi, who narrated it from Ibn Umar. Ibn Umar asked Rafi, “Did you hear the Messenger of Allah (peace and blessings upon him)?” Rafi said, "Yes." Similarly, this hadith has been narrated by Ikrimah ibn Ammar from Abu Najashi, who narrated it from Rafi bin Hadic, who narrated it from his uncle Zahir bin Rafi, who narrated it from the Messenger of Allah (peace and blessings upon him).
Abu Dawud said: Abu Najashi is Ata bin Suhail.
Sulayman ibn Yasir has narrated on the authority of Rafi ibn Hadij:
He said that in the lifetime of the Messenger of Allah, we used to engage in agricultural partnership. Rafi said that one of his uncles told him, and he reported it to him:
The Messenger of Allah (peace and blessings be upon him) forbade something that was beneficial for us, but obedience to Allah and His Messenger is more beneficial for us. Rafi said: We asked our uncle about what was forbidden, and he said: The Messenger of Allah (peace and blessings be upon him) said: “Whoever possesses land should cultivate it himself or let his brother do so. And he should not lease out a portion of the produce to another in exchange for one-third, one-fourth, or a specified quantity of food.”
According to the narration of Ya'la ibn Hakim, from Sulayman ibn Yasar, who wrote down for me, with a similar chain of narrators and wording, the hadith of Ubaydullah.
From Rafi’s son, who related from his father, Rafi, that he said:
Abu Rafi came to the Messenger of Allah, peace and blessings be upon him, and said, “The Messenger of Allah, peace and blessings be upon him, forbade us from an activity which was beneficial to us (plowing waste land). But obedience to Allah and His Messenger is more beneficial for us. He forbade [cultivating] any land except that which one owns or a person gives to another without stipulation.”
According to the narration of Mujahid, Usaid ibn Zuhayr said: Rafi ibn Hadid came to us and said: The Messenger of Allah, peace and blessings be upon him, has forbidden you from something that is beneficial to you. Obedience to Allah and His Messenger is beneficial for you. The Messenger of Allah, peace and blessings be upon him, forbade you from leasing land, and said: “Let whoever does not need his land give it freely to his brother or abandon it for him.”
Abu Dawud said: Shu’bah and Mufaddal ibn Muhallal narrated this hadith from Mansur. Shu'bah said: Usaid is the grandson of Rafi ibn Hadid’s younger brother.
Abū Jāfir al-Hatimī, may Allah be pleased with him, related:
My uncle sent me and his son to Sa’īd ibn Musayyib. We said to him, “News has reached us of a report concerning sharing land for cultivation.” Sa’īd ibn Musayyib replied, "Rafi' ibn Hādij used to not see an objection to sharing land for cultivation until news came to Ibn 'Umar regarding a hadith."
Rafi' then came to Ibn ‘Umar and related to him: The Messenger of Allah, peace and blessings be upon him, visited Harisah. He saw crops in Zuhayr’s field and said, “How beautiful is Zuhayr’s crop!” They said, "That is not Zuhayr’s."
The Messenger of Allah, peace and blessings be upon him, asked, “Is this field not Zuhayr’s?” The companions replied, “Yes, but the crops belong to so-and-so.” The Messenger of Allah, peace and blessings be upon him, said, "Take your crops and give Zuhayr his compensation."
Rafi' said: We took our crops and returned sustenance to the one who cultivated them. Sa’īd ibn Musayyib said, “Either entrust the land to your brother so he may cultivate and harvest it, or rent the land to him for a dirham.”
Rafi bin Hadic (may Allah be pleased with him) related:
The Messenger of Allah (peace and blessings upon him) forbade renting land in exchange for wheat, and selling dried dates for fresh dates on the tree. He stated that only three individuals may cultivate it: one who possesses the land, one to whom the land is given without compensation, and one who rents the land in return for gold or silver.
According to the narration of Osman ibn Sehl ibn Rafi ibn Hadid:
I was an orphan and under the guardianship of Rafi ibn Hadid. I performed Hajj with him. My brother, Umran ibn Sehl, came to him and said, “We rented out our field for so much to a woman.” Rafi ibn Hadid said, "Leave him alone; the Messenger of Allah (peace and blessings be upon him) forbade renting out land."
It is narrated from Rafi bin Hadic that he had cultivated some land. While he was irrigating it, the Messenger of Allah (peace and blessings be upon him) encountered him and asked, “Whose is this land? Whose is the cultivation?” Rafi bin Hadic said, "The cultivation and the seed are mine, but half of it belongs to so-and-so’s sons.” The Messenger of Allah (peace and blessings be upon him) said, “Are you engaging in a transaction involving interest? Return the land to its owner and take sustenance for your labor.”
COMMENTARY
Some scholars consider this hadith to be dubious and reject it, basing their argument on the narration concerning the lands of Khaybar, which were given to their original Jewish owners, thereby asserting that agricultural partnership is permissible.