Sahih Muslim, 1547 a
sahihZaid b. Amr reported:
I heard Ibn Umar (Allah be pleased with them) say: We did not see any harm in renting of the land, but as the first year was over Rafi' alleged Allah's Messenger (ﷺ) having forbidden that.
حَدَّثَنَا يَحْيَى بْنُ يَحْيَى، وَأَبُو الرَّبِيعِ الْعَتَكِيُّ، قَالَ أَبُو الرَّبِيعِ حَدَّثَنَا وَقَالَ، يَحْيَى أَخْبَرَنَا حَمَّادُ بْنُ زَيْدٍ، عَنْ عَمْرٍو، قَالَ سَمِعْتُ ابْنَ عُمَرَ، يَقُولُ كُنَّا لاَ نَرَى بِالْخِبْرِ بَأْسًا حَتَّى كَانَ عَامُ أَوَّلَ فَزَعَمَ رَافِعٌ أَنَّ نَبِيَّ اللَّهِ صلى الله عليه وسلم نَهَى عَنْهُ .
Isnad
6 transmittersReferences2 variants
- In-Book Reference
- Book 21, Hadith 134
- USC-MSA web (English) reference
- Book 10, Hadith 3733 (deprecated numbering scheme)
Sharh · explanationclick to expand
During the pre-Islamic era of ignorance, there prevailed types of transactions that involved massive oppression and injustice. When Islam came, it established fair sales and forbade whatever involved oppression. Hence, it forbade what entailed fraud, uncertainty, and ambiguity to stop discord and dispute among people, which is one of the Shariah-approved objectives. At the time of the Prophet (may Allah's peace and blessings be upon him), people used to lease lands in return for a share of the yield as rent. The Tābi‘i Hanzhalah ibn Qays al-Ansāri asked the Companion Rāfi‘ ibn Khadīj (may Allah be pleased with him) about leasing it, i.e., renting it in return for gold and silver, which are meant here to refer to the dinar and dirham. This is a question about leasing land in return for gold and silver instead of leasing it in return for part of the yield. Rāfi‘ (may Allah be pleased with him) replied that there is no objection to leasing land in return for gold and silver, and he said: "At the time of the Prophet (may Allah's peace and blessings be upon him) the people used to lease lands in return for the yield of what grows on the banks of large rivers," which are the watercourses coming from the wide river. It was said: What grows on the banks of the watercourse, and it was said: What grows around the brooklets. "And the beginnings of water streams," which are the beginnings of small rivers, "or the yield of certain parts of the land," i.e., types of the cultivated crops. This means: the owner allocates to himself the parts that would yield the best fruits or the finest crops, and the rest is for the tenant. Rāfi‘ said: "Some of the harvest would be destroyed and some would remain safe," i.e., either the harvest of the owner or that of the tenant is destroyed, so one of them is wronged. "This was the only system the people had for renting lands, and thus, he forbade it," i.e., the Prophet (may Allah's peace and blessings be upon him) prohibited this kind of rent given the Jahālah (ambiguity) that it involved, and Jahālah is Gharar (uncertainty). If the rent, however, is something known and guaranteed, i.e., a known rent in cash, then there is no objection to leasing the land in return for such rent. The Hadīth points out the permissibility of leasing land in return for a known amount of cash money..