SHOPPING SECTION · 34 – SEED PROVIDED BY THE PERSON PLOWING THE FIELD
Jabir ibn Abdullah (may Allah be pleased with him) narrated:
The Messenger of Allah (peace and blessings upon him) forbade from selling emerged wheat for unemerged wheat, selling unemerged wheat, renting land for a specified amount of wheat, selling dried raisins for fresh raisins, partnering [a field] such that the seeds belong to the partner, selling with a condition of payment after an unspecified period.
In his narration, Musaddad related from Hammad that one of them (Abu Zubeir and Sa’id ibn Mina) called it *al-muwama* and the other called it *bay’ us-sinin* [sale by the year]. Then they agreed on the wording and forbade from exempting an unspecified amount from what is sold. However, he permitted *araya*.
Jabir ibn Abdullah (may Allah be pleased with him) narrated:
The Messenger of Allah (peace and blessings upon him) forbade selling raisins with fresh grapes, emerged wheat with wheat still on the stalk, and demanding an unspecified amount from what is being sold. He said: “Unless the excluded amount is specified.”
Cābir ibn ‘Abdullāh, may Allāh be pleased with him, narrated: “I heard the Messenger of Allāh, peace and blessings be upon him, say: Whoever abandons the partnership in agriculture pertaining to the one who sowed the seed, let him know that he has declared war against Allāh and His Messenger.”
According to Zayd ibn Sabit, he said:
The Messenger of Allah ﷺ forbade correspondence (muhabara). I asked, “What is muhabera?” Zayd said, “It is taking a share of the produce from the land in exchange for one-half, or one-third, or one-fourth [of it].”
COMMENTARY
[This prohibition] concerns partnership in agriculture where the seed belongs to the owner, as it harms the cultivator.