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Constitution of the Caliphate State / Economic System

Article 135: Land lease

The Constitution of the Caliphate State, Article 135:It is completely prohibited to rent land for agriculture, irrespective of whether the land was Kharajiyyah or ‘Ushriyyah. Likewise, temporary share-cropping is also prohibited. Musaaqa (renting trees for a portion of their yields) is permitted without restriction.

 

There are several evidences for the article, and all of them mention the prohibition of renting land; it is narrated from Rafi’ Bin Khadij who said:

«كُنَّا نُخَابِرُ عَلَى عَهْدِ رَسُولِ اللَّهِ  صلى الله عليه وآله وسلم ، فَذَكَرَ أَنَّ بَعْضَ عُمُومَتِهِ أَتَاهُ فَقَالَ: نَهَى رَسُولُ اللَّهِ  صلى الله عليه وآله وسلم عَنْ أَمْرٍ كَانَ لَنَا نَافِعاً، وَطَوَاعِيَةُ رَسُولِ اللهِ  صلى الله عليه وآله وسلم أَنْفَعُ لَنَا وَأَنْفَعُ. قَالَ: قُلْنَا: وَمَا ذَاكَ؟ قَالَ: قَالَ رَسُولُ اللَّهِ  صلى الله عليه وآله وسلم : مَنْ كَانَتْ لَهُ أَرْضٌ فَلْيَزْرَعْهَا أَوْ لِيُزْرِعْهَا أَخَاهُ، وَلا يُكَارِيهَا بِثُلُثٍ وَلا بِرُبُعٍ وَلا بِطَعَامٍ مُسَمًّى»

We used to employ people to till land for a share of its produce. He then maintained that, one of his uncles came to him and said: The Messenger of Allah (saw) forbade us from a work beneficial to us. But obedience to Allah and His Messenger (saw) is more beneficial to us. We asked : What is that? He said: The Messenger of Allah (saw) said: If anyone has land, he should cultivate it, or lend it to his brother for cultivation. He should not rent it for a third or a quarter (of the produce) or for specified among of produce.(reported by Abu Dawud). It is narrated from Ibn Umar who said:

«مَا كُنَّا نَرَى بِالْمُزَارَعَةِ بَأْساً حَتَّى سَمِعْنَا رَافِعَ بْنَ خَدِيجٍ يَقُولُ: نَهَى رَسُولُ اللهِ  صلى الله عليه وآله وسلم عَنْهَا»

We didn’t use to see any problem with share-cropping until we heard Raafi’ Bin Khadij say that the Messenger of Allah forbade it” (reported by Ibn Qudamah in Al-Mughni and also by Muslim and Al-Shafi’i with slight differences). Jabir said:

«نَهَى رَسُولُ اللَّهِ  صلى الله عليه وآله وسلم عَنْ الْمُخَابَرَةِ»

The Messenger of Allah forbade Al-Mukhabarah” (reported by Muslim), and the Mukharabah is share-cropping. Al-Bukhari narrated on the authority of Jabir: “We used to engage in share-cropping, giving a third and a quarter and a half, and so the Prophet  صلى الله عليه وآله وسلم said:

«مَنْ كَانَتْ لَهُ أَرْضٌ فَلْيَزْرَعْهَا أَوْ لِيَمْنَحْهَا، فَإِنْ لَمْ يَفْعَلْ فَلْيُمْسِكْ أَرْضَهُ»

“Whoever has land, then he should cultivate it or grant it to someone else, and if he does not do that, then it is taken from him””. Abu Dawud narrated from Zayd b. Thabit who said:

«نَهَى رَسُولُ اللَّهِ  صلى الله عليه وآله وسلم عَنْ الْمُخَابَرَةِ، قُلْتُ: وَمَا الْمُخَابَرَةُ؟ قَالَ: أَنْ تَأْخُذَ الأَرْضَ بِنِصْفٍ أَوْ ثُلُثٍ أَوْ رُبْعٍ»،

The Messenger of Allah  صلى الله عليه وآله وسلم forbade Al-Mukhabarah. I asked – and what is Al-Mukhabarah. He said to work on the land for a half, or a third, or a quarter”, and the narration of Rafi’:

«أَنَّ النَّبِيَّ  صلى الله عليه وآله وسلم نَهَى عَنْ كِرَاءِ الْمَزَارِعِ»

The Prophet  صلى الله عليه وآله وسلم forbade the leasing of farms” (agreed upon). And Zahir b. Rafi’ narrated:

«دَعَانِي رَسُولُ اللَّهِ  صلى الله عليه وآله وسلم قَالَ: مَا تَصْنَعُونَ بِمَحَاقِلِكُمْ؟ قُلْتُ: نُؤَاجِرُهَا عَلَى الرُّبُعِ، أَوْ عَلَى الأَوْسُقِ مِنْ التَّمْرِ وَالشَّعِيرِ، قَالَ: لا تَفْعَلُوا، ازْرَعُوهَا أَوْ أَمْسِكُوهَا»

The Messenger of Allah called me and said: “What are you doing with your land?” I said: “We rent it out for a quarter or for amounts of dates and barley”. He said: “Do not do that, either cultivate it or hold onto it” (agreed upon). It is narrated from Abu Sa‘id who said:

«نَهَى رَسُولُ اللَّهِ  صلى الله عليه وآله وسلم عَنْ الْمُحَاقَلَةِ»

The Messenger of Allah prohibited Al-Muhaqala” (reported by Al-Nasa’i and Muslim), and Al-Muhaqalah is the renting of land for wheat. In Sahih Al-Bukhari it is mentioned that the Messenger of Allah  صلى الله عليه وآله وسلم said:

«مَنْ كَانَتْ لَهُ أَرْضٌ فَلْيَزْرَعْهَا أَوْ لِيَمْنَحْهَا، فَإِنْ أَبَى فَلْيُمْسِكْ أَرْضَهُ»

Whoever has land should cultivate it, or grant it to someone else, and if he refuses then his land is taken from him”, and in Sahih Muslim from Jabir:

«نَهَى رَسُولُ اللَّهِ  صلى الله عليه وآله وسلم أَنْ يُؤْخَذَ لِلأَرْضِ أَجْرٌ أَوْ حَظٌّ»

The Messenger of Allah forbade the land to be used for a rent or share of the crop”. In Sunan Al-Nasa’i it is narrated:

«نَهَى رَسُولُ اللهِ  صلى الله عليه وآله وسلم عَنْ كِرَاءِ الأَرْضِ، قُلْنَا: يَا رَسُولَ اللهِ، إِذًا نُكْرِيهَا بِشَيْءٍ مِنْ الْحَبِّ، قَالَ: لا، قَالَ: وَكُنَّا نُكْرِيهَا بِالتِّبْنِ، فَقَالَ: لا، وَكُنَّا نُكْرِيهَا عَلَى الرَّبِيعِ، قَالَ: لا، ازْرَعْهَا أَوْ امْنَحْهَا أَخَاكَ»

The Messenger of Allah prohibited the leasing of land. We said: "O Messenger of Allah, in which case we will lease it in exchange for some of the grain". He said: "no." We said: "We will lease it in exchange for figs. He said:no. We said: "we used to lease it upon rabee’. He said: "no, cultivate it or give it to your brother”. And Rabee’ is the small river, in other words, the river valley, meaning we used to lease for the part cultivated upon the Rabee’ or in other words, next to the water. It is also narrated that ‘Abd Allah b. Umar met and asked Rafi’ Bin Khadij who said:

سمعت عَمَّيَّ وكانا قد شهدا بدراً يحدثان: «أَنَّ رَسُولَ اللَّهِ  صلى الله عليه وآله وسلم نَهَى عَنْ كِرَاءِ الأَرْضِ» أخرجه مسلم وذكر الحديث وفيه أن ابن عمر ترك كراء الأرض.

I heard from my two uncles, who were amongst those who particpated in Badr, that the Messenger of Allah prohibited the leasing of land” reported by Muslim, and he mentioned the narration which mentions that Ibn Umar stopped leasing land.

These narrations explicitly mention that the Messenger of Allah prohibited the renting of land. And though a prohibition merely indicates a request to desist, the indication here indicates that the request is decisive. As for the issue of the prohibition of share-cropping, Abu Dawud mentioned a narration on the authority of Jabir who said:

سمعت رسول الله  صلى الله عليه وآله وسلم يقول: «مَنْ لَمْ يَذَرْ الْمُخَابَرَةَ، فَلْيَأْذَنْ بِحَرْبٍ مِنْ اللهِ وَرَسُولِهِ»

I heard the Messenger of Allah  صلى الله عليه وآله وسلم say: “Whoever does not leave Al-Mukhabara (share-cropping) then he should take notice of war from Allah and His Messenger.” (authenticated by Ibn Hibban and Al-Hakim, and Al-Mundhiri did not comment upon it). As for the general leasing of land, when the Messenger of Allah  صلى الله عليه وآله وسلم prohibited them from leasing the land, the companions said to him  صلى الله عليه وآله وسلم :we will lease it in exchange for some of the grain, and he  صلى الله عليه وآله وسلم said: no, so they said we will lease it in exchange for figs, and he  صلى الله عليه وآله وسلم said: no. And they then said: we used to lease it upon the river valley, and he  صلى الله عليه وآله وسلم said: no. Then he  صلى الله عليه وآله وسلم emphasised that by saying: "cultivate it or give it to your brother". This is clearly insistence upon the prohibition, which is a confirmation for it. And the decisiveness is apparent from the narration, since the Messenger  صلى الله عليه وآله وسلم prohibited them from leasing the land in any way. The companions wanted to make certain circumstances as exceptions from this general prohibition, and so they presented the first circumstance to the Messenger  صلى الله عليه وآله وسلم in order for him to permit it for them by saying: “in which case, we will lease it for some of the grain”, and the Messenger  صلى الله عليه وآله وسلم answered them by rejecting their request by saying no. Then, they presented him  صلى الله عليه وآله وسلم with a second situation different from the first in order to get his permission for it, so they said: “we will lease it in exchange for figs”, to which the Messenger  صلى الله عليه وآله وسلم replied no, rejecting that request as well. Then they presented a third situation other than the first two to the Messenger  صلى الله عليه وآله وسلم in order to get his  صلى الله عليه وآله وسلم permission, saying: “We used to lease it upon the river valley”, and so he  صلى الله عليه وآله وسلم replied to them for a third time rejecting what they had requested by saying no. He  صلى الله عليه وآله وسلم did not stop at that, but rather he  صلى الله عليه وآله وسلم limited the way that the land could be used to one of two options, saying:

«ازْرَعْهَا أَوْ امْنَحْهَا أَخَاكَ»

Cultivate it or give it to your brother”. This repetition of the rejection alongside the differing circumstances alone is enough to indicate that the prohibition was a decisive one. Additionally, this restriction is also sufficient on its own to indicate decisiveness, since his words:

«ازْرَعْهَا أَوْ امْنَحْهَا أَخَاكَ»

Cultivate it or give it to your brother” are for the sake of restriction, and the word: “or” is to give a choice between two issues, do this or this, which means do not do anything other than these options. Based upon this, this narration, due to the repetition and the manner of that repetition, and the restriction mentioned, clearly indicates decisiveness and so it is an indication that the prohibition related in the narrations prohibiting renting the land generally is a decisive prohibition.

Something else that supports the fact that the prohibition is for Tahrim (prohibition), is what has been narrated in Abu Dawud from Rafi’ (and authenticated by Al-Hakim) who said:

«أَنَّهُ زَرَعَ أَرْضًا فَمَرَّ بِهِ النَّبِيُّ  صلى الله عليه وآله وسلم وَهُوَ يَسْقِيهَا، فَسَأَلَهُ: لِمَنْ الزَّرْعُ وَلِمَنْ الأَرْضُ؟ فَقَالَ: زَرْعِي بِبَذْرِي وَعَمَلِي، لِي الشَّطْرُ وَلِبَنِي فُلاَنٍ الشَّطْرُ، فَقَالَ: أَرْبَيْتُمَا، فَرُدَّ الأَرْضَ عَلَى أَهْلِهَا وَخُذْ نَفَقَتَكَ»

He had cultivated a land. The Prophet (peace be upon him) passed him when he was watering it. So he asked him: To whom does the crop belong, and to whom does the land belong? He replied: The crop is mine for my seed and labour. The half (of the crop) is mine and the half for so-and-so. He said: You conducted usurious transaction. Return the land to its owner and take your wages and cost.”. The Prophet  صلى الله عليه وآله وسلم described this transaction as being usury, and usury is Haram according to definite text. Additionally, the Messenger  صلى الله عليه وآله وسلم requested Rafi’ to return the land to its owner, with whatever was there in terms of agriculture, and to take his expenses from them; in other words, he  صلى الله عليه وآله وسلم requested him to void the transaction. This indicates that the prohibition is a decisive one and so it is Haram.

Therefore, these three narrations - the narration of Jabir which mentions the threat for partaking in Mukhabarah, in other words, share-cropping, and the narration of Al-Nasa’i with the repetition and restriction, and the narration of Raafi’ which describes the renting of land as being usury and voiding the transaction - are a definite indication that the prohibition is decisive, which indicates the Tahrim of renting land generally.

Due to what is mentioned explicitly in these narrations, and what is understood from them, there is not the slightest doubt that it is forbidden to rent land generally. Yet some of the scholars are found to have permitted the renting of land. So we will also explain the evidences that some of the scholars used to permit the renting of land, not simply to criticise those evidences but in order to show their invalidity.

Those who permit the renting of land say that the land is an object that benefit can be derived from while it remains, and so it is permitted to rent it for a price or something similar, such as for a crop rotation, and the rule regarding goods is the same as the rule regarding prices. The invalidity of this opinion is extremely apparent, since even though land is an object which benefits could be taken from while the land remains such as through crop rotation, but the text came to explicitly state that renting land is Haram, so even if the definition of renting applies to it, the text came and forbade it, and for that reason it is Haram. So though the evidence for renting is general and encompasses any type of renting, however there is an evidence which came forbidding the renting of land which restricts it to renting anything other than land, and so the renting of land was made as an exception and it was forbidden. That is why it is Haram. Similar to this are the words of Allah (swt):

((كُلُوا مِمَّا فِي الْأَرْضِ حَلَالًا طَيِّبًا))

O mankind, eat from whatever is on earth [that is] lawful and good.” (TMQ 2:168) which is general and includes everything, and the words of Allah (swt):

((حُرِّمَتْ عَلَيْكُمُ الْمَيْتَةُ وَالدَّمُ وَلَحْمُ الْخِنْزِير))

Prohibited to you are dead animals, blood, the flesh of swine.’’ (TMQ 5:3) and then it is restricted by other evidences, which are made as exceptions from the generality of these things. Accordingly, the evidence they use for the permissibility of renting land has been refuted.

Those who permit the renting of land say that the evidence for this is what has been narrated about Hanthala b. Qays fromRafi’ b. Khadij who said:

«حَدَّثَنِي عَمَّايَ أَنَّهُمْ كَانُوا يُكْرُونَ الأَرْضَ عَلَى عَهْدِ النَّبِيِّ  صلى الله عليه وآله وسلم بِمَا يَنْبُتُ عَلَى الأَرْبِعَاءِ أَوْ شَيْءٍ يَسْتَثْنِيهِ صَاحِبُ الأَرْضِ، فَنَهَى النَّبِيُّ  صلى الله عليه وآله وسلم عَنْ ذَلِكَ، فَقُلْتُ لِرَافِعٍ: فَكَيْفَ هِيَ بِالدِّينَارِ وَالدِّرْهَمِ؟ فَقَالَ رَافِعٌ: لَيْسَ بِهَا بَأْسٌ بِالدِّينَارِ وَالدِّرْهَمِ»

My two uncles told me that they (i.e. the companions of the Prophet) used to rent the land in the lifetime of the Prophet for the yield on the banks of water streams (rivers) or for a portion of the yield stipulated by the owner of the land. The Prophet forbade it." I said to Rafi`, "What about renting the land for Dinars and Dirhams?" He replied, "There is no harm in renting for Dinars- Dirhams. (reported by Al-Bukhari).

It is clear from the narration in Al-Bukhari that the sentence: “There is no harm in renting for Dinars- Dirhams” is not from the words of the Messenger of Allah  صلى الله عليه وآله وسلم but rather it is from the words of Rafi’. This is confirmed by what has been related in the narration in Muslim from Hanthala Bin Qays Al-Ansari himself, who said:

«سَأَلْتُ رَافِعَ بْنَ خَدِيجٍ عَنْ كِرَاءِ الأَرْضِ بِالذَّهَبِ وَالْوَرِقِ، فَقَالَ: لا بَأْسَ بِهِ، إِنَّمَا كَانَ النَّاسُ يُؤَاجِرُونَ عَلَى عَهْدِ النَّبِيِّ  صلى الله عليه وآله وسلم عَلَى الْمَاذِيَانَاتِ وَأَقْبَالِ الْجَدَاوِلِ وَأَشْيَاءَ مِنْ الزَّرْعِ، فَيَهْلِكُ هَذَا وَيَسْلَمُ هَذَا، وَيَسْلَمُ هَذَا وَيَهْلِكُ هَذَا، فَلَمْ يَكُنْ لِلنَّاسِ كِرَاءٌ إِلا هَذَا، فَلِذَلِكَ زُجِرَ عَنْهُ، فَأَمَّا شَيْءٌ مَعْلُومٌ مَضْمُونٌ فَلا بَأْسَ بِهِ»

I asked Rafi' b. Khadij about the renting of land for gold and silver, whereupon he said: There is no harm in it for the people let out land situated near canals and at the ends of the streamlets or portion of fields. (But it so happened) that at times this was destroyed and that was saved. whereas (on other occasions) this portion was saved and the other was destroyed and thus no rent was payable to the people (who let out lands) but for this one (which was saved). It was due to this that he (the Holy Prophet) prohibited it. But if there is something definite and reliable (e. g. money). there is no harm in it”, which explains explicitly that the speaker of those words was Rafi’ and not the Prophet  صلى الله عليه وآله وسلم , and so it is an opinion of Rafi’ related by him in the narration, and the words of Rafi’ are not a Shari’ah evidence, and his opinion is not a Shari’ah evidence. This is especially the case when there is text which directly contradicts it. So Rafi’ understood from the prohibition of the Messenger  صلى الله عليه وآله وسلم to rent land, and the land at that time used to be rented for what was produced from it, that the renting of land with gold and silver was no problem. What supports this being the specific understanding of Rafi’ is what was mentioned in the report in Al-Bukhari from Hanthala Bin Qays Al-Ansari that he heard Rafi’ b. Khadij say:

«كُنَّا أَكْثَرَ أَهْلِ الْمَدِينَةِ مُزْدَرَعًا، كُنَّا نُكْرِي الأَرْضَ بِالنَّاحِيَةِ مِنْهَا مُسَمًّى لِسَيِّدِ الأَرْضِ، قَالَ: فَمِمَّا يُصَابُ ذَلِكَ وَتَسْلَمُ الأَرْضُ، وَمِمَّا يُصَابُ الأَرْضُ وَيَسْلَمُ ذَلِكَ، فَنُهِينَا، وَأَمَّا الذَّهَبُ وَالْوَرِقُ فَلَمْ يَكُنْ يَوْمَئِذٍ»

We worked on farms more than the people of Madinah. We used to rent the land at the yield of specific delimited portion of it to be given to the landlord. Sometimes the vegetation of that portion was affected by blights etc., while the rest remained safe and vice versa, so the Prophet forbade this practice. As for gold or silver, they were not used at that time (for renting the land)” (reported by Al-Bukhari). So he said:

«وَأَمَّا الذَّهَبُ وَالْوَرِقُ فَلَمْ يَكُنْ يَوْمَئِذٍ»

As for gold and silver, they were not used at that time”, and what was in the report of Muslim, Abu Dawud and Al-Nasa’i from Rafi’ in the same narration:

«فَأَمَّا شَيْءٌ مَعْلُومٌ مَضْمُونٌ فَلا بَأْسَ بِهِ»

As for something that was definite and reliable, then there is no Haram in it.”, and so all of this is the understanding of Rafi’, and his understanding is not considered to be a Shari’ah evidence, and at the same time there is evidence which contradicts his view.

And those who permit the renting of land also argue that the evidences related to the prohibition of renting land are only regarding the type of renting which took place at that time, which was that a man would rent the land for a portion of what he harvested from it, in that the one renting would cultivate a part of the land in the river valley for the owner as rent, or give a fixed amount of food, or a portion of the yields from the land. These were the types of renting which were reported in the narrations prohibiting them, and so these are the forbidden types of renting land while anything else is permitted, and for this reason it is permitted to rent land for gold and silver.

The answer to that is that the evidences which prohibit renting of land were not limited to what they used to conduct their transactions with, but rather came in a general form:

«مَنْ كَانَتْ لَهُ أَرْضٌ فَلْيَزْرَعْهَا أَوْ فَلْيُزْرِعْهَا أَخَاهُ، وَلا يُكَارِيهَا بِثُلُثٍ وَلا بِرُبُعٍ وَلا بِطَعَامٍ مُسَمًّى»

If anyone has land, he should cultivate it, or lend it to his brother for cultivation. He should not rent it for a third or a quarter (of the produce) or for specified among of produce.(reported by Abu Dawud);

«نَهَى رَسُولُ اللَّهِ  صلى الله عليه وآله وسلم عَنْ الْمُخَابَرَةِ»

The Messenger of Allah  صلى الله عليه وآله وسلم forbade Al-Mukharaba” (reported by Muslim from Jabir);

«مَنْ كَانَتْ لَهُ أَرْضٌ فَلْيَزْرَعْهَا أَوْ لِيَمْنَحْهَا، فَإِنْ لَمْ يَفْعَلْ فَلْيُمْسِكْ أَرْضَهُ»

Whoever has land should cultivate it himself or give it to his (Muslim) brother gratis.” (reported by Al-Bukhari from Jabir);

«نَهَى رَسُولُ اللَّهِ  صلى الله عليه وآله وسلم أَنْ يُؤْخَذَ لِلأَرْضِ أَجْرٌ أَوْ حَظٌّ»

The Messenger of Allah has forbidden taking of rent or share of land. (reported by Muslim from Jabir). The prohibition in these narrations are all general, to the point that when they asked about the types of farming, the answer of the Messenger  صلى الله عليه وآله وسلم was not specific, but rather he  صلى الله عليه وآله وسلم added a general rule – it is mentioned in Sunan Al-Nasa’i that the Messenger  صلى الله عليه وآله وسلم prohibited renting of land, and so they said: “in which case, we will lease it for some of the grain”, and the Messenger  صلى الله عليه وآله وسلم answered them by rejecting their request by saying no. Then, they presented him  صلى الله عليه وآله وسلم with a second situation different from the first in order to get his  صلى الله عليه وآله وسلم permission for it, so they said: “we will lease it in exchange for figs”, to which the Messenger  صلى الله عليه وآله وسلم replied no, rejecting that request as well. Then they presented a third situation other than the first two to the Messenger  صلى الله عليه وآله وسلم in order to get his  صلى الله عليه وآله وسلم permission, saying: “We used to lease it upon the river valley”, and so he  صلى الله عليه وآله وسلم replied to them for a third time rejecting what they had requested by saying no. He  صلى الله عليه وآله وسلم did not stop at that, but rather he limited the way that the land could be used to one of two options, saying: “Cultivate it or give it to your brother”. It is reported from Zuhayr Bin Rafi’ who said:

«دَعَانِي رَسُولُ اللَّهِ  صلى الله عليه وآله وسلم قَالَ: مَا تَصْنَعُونَ بِمَحَاقِلِكُمْ؟ قُلْتُ: نُؤَاجِرُهَا عَلَى الرُّبُعِ، أو عَلَى الأَوْسُقِ مِنْ التَّمْرِ وَالشَّعِيرِ، قَالَ: لا تَفْعَلُوا، ازْرَعُوهَا أَوْ أَمْسِكُوهَا»

The Messenger of Allah sent for me and asked: What do you do with your cultivable lands? I said: Allah's Messenger, we rent those irrigated by canals for dry dates or barley. He said: Don't do that. Cultivate them or let them be cultivated (by others) or retain them yourself.’” (agreed upon). From the two previous narrations it is clear that after the Messenger  صلى الله عليه وآله وسلم prohibited them from what they used to do, he  صلى الله عليه وآله وسلم ended his  صلى الله عليه وآله وسلم words with a general text: “Cultivate it or give it to your brother”: “Cultivate it yourselves, or keep it uncultivated”, and therefore the narrations remain general and not restricted to how they used to transact, so something unrestricted is not restricted; in other words, they are not restricted to how they used to rent land when the prohibition was made, rather the prohibition remains general for all renting of land, completely, similar to the prohibition of interest which occurred when the people used to carry out usurious transactions with a high rate of interest, and all interest was prohibited not just the type of transactions they used to do. Accordingly, renting the land by anything is prohibited, whether by gold, silver or anything else. Therefore, the deduction of those who restrict the narration to the types of land rental which people used to do at the time the prohibition came has been proven false.

Those who permit the renting of land also say that the evidence for this permission is what has been extracted by Abu Dawud and Al-Nasa’i, with the wording of Al-Nasa’i:

«نَهَى رَسُولُ اللَّهِ  صلى الله عليه وآله وسلم عَنْ الْمُحَاقَلَةِ وَالْمُزَابَنَةِ، وَقَالَ: إِنَّمَا يَزْرَعُ ثَلاثَةٌ: رَجُلٌ لَهُ أَرْضٌ فَهُوَ يَزْرَعُهَا، أَوْ رَجُلٌ مُنِحَ أَرْضًا فَهُوَ يَزْرَعُ مَا مُنِحَ، أَوْ رَجُلٌ اسْتَكْرَى أَرْضًا بِذَهَبٍ أَوْ فِضَّةٍ»

The Messenger of Allah forbade Al-Muhaqalah (renting of land for wheat) and Al-Muzabanah, and said: 'Only three may cultivate: A man who has land which he cultivates; a man who was given some land and cultivates what he was given; and a man who takes land on lease for gold or silver.”.

Further, what Al-Hafidh in Al-Fateh mistakenly attributed to Abu Dawud, while it is from Al-Nasa’i, he said: Ubayd Allah bin Sa’ad bin Ibrahim told us, my uncle told me, he said my father told us from Muhammad ibn Ikrimah from Muhammad ibn Abdur Rahman ibn Labiyyah from Sa’ad b. Abi Waqqas (ra) who said:

«كَانَ أَصْحَابُ الْمَزَارِعِ يُكْرُونَ فِي زَمَانِ رَسُولِ اللَّهِ  صلى الله عليه وآله وسلم مَزَارِعَهُمْ بِمَا يَكُونُ عَلَى السَّاقِي مِنْ الزَّرْعِ، فَجَاءُوا رَسُولَ اللَّهِ  صلى الله عليه وآله وسلم فَاخْتَصَمُوا فِي بَعْضِ ذَلِكَ، فَنَهَاهُمْ رَسُولُ اللَّهِ  صلى الله عليه وآله وسلم أَنْ يُكْرُوا بِذَلِكَ وَقَالَ: أَكْرُوا بِالذَّهَبِ وَالْفِضَّةِ»

At the time of the Messenger of Allah, landowners used to lease their arable land in return for whatever grew on the banks of the streams for irrigation. They came to the Messenger of Allah and referred a dispute concerning such matters to him, and the Messenger of Allah forbade them to lease land on such terms, and said: 'Lease it for gold or silver.', and Al-Nasa’i added: “this narration was reported from Sulaiman from Raafi’ who said from one of his uncles”.

They also use the narration from Abu Dawud who said: Uthman ibn Abi Shayba told us Yazeed ibn Haroon told us Ibrahi ibn Sa’ad informed us from Muhammad bin Ikrimah bin Abdur Rahman bin Al-Harith bin Hisham from Muhammad bin Abdur Rahman bin Abi Labeeba from Sa'id ibn Musayyib from Sa’ad, he said:

«كُنَّا نُكْرِي الأَرْضَ بِمَا عَلَى السَّوَاقِي مِنْ الزَّرْعِ وَمَا سَعِدَ بِالْمَاءِ مِنْهَا، فَنَهَانَا رَسُولُ اللَّهِ  صلى الله عليه وآله وسلم عَنْ ذَلِكَ وَأَمَرَنَا أَنْ نُكْرِيَهَا بِذَهَبٍ أَوْ فِضَّةٍ»

We used to lease land for what grew by the streamlets and for what was watered from them. The Messenger of Allah  صلى الله عليه وآله وسلم forbade us to do that, and commanded us to lease if for gold or silver.”.

They said that these three narrations indicate the permission of renting land with gold and silver.

The reply to this is that these narrations are not suitable to be used as evidence for the permission of renting land by gold and silver.

With respect to the first narration, Al-Nasa’i explained clearly that the words of the narration which is (Marfu’) to the Messenger  صلى الله عليه وآله وسلم are the prohibition of Al-Muhaaqalah and Al-Muzaabanah, and the remainder is extra/combined (Mudraj) from the words of Sa'id Bin Al-Musayyib. In Sunan Al-Nasa’i it mentions the following at the end of the narration: (Israel differentiated it from Tariq, and so he did Irsal (Mursal) of the first part (in other words, made it from the words of the Prophet without mentioning the narrator), and made the second part from the words of Sa‘id).

The second and third narrations are not suitable for use as evidence, this is because both chains come through Muhammad Bin ‘Abd Al-Rahman Bin Libi, and it is sometimes said Ibn Abi Libi, who was not deemed as trustworthy except by Ibn Hibban. Ibn Hajr said in Al-Taqrib: “weak, does a lot of Irsal (not mentioning the name of the narrators in between)”, and Al-Dhahabi said in Mizan Al-‘I‘tidal: “Yahya said: his narration are not to be considered, and Al-Daraqutni said he is weak, and another said he is not strong”and in Al-Tathyeel ‘Ala ’l-Tahtheeb book: “Ibn abi Hatim said: Hamad from a man (in other words, Ibn Umar), who said: I asked Malik about Muhammad b. ‘Abd Al-Rahman who narrated from Sa'id Ibn Musayyib, and he said: he is not trustworthy”.

As for those who deemed the report as Hasan such as Al-Albani, their conclusion is not accurate, since they relied upon additional witnesses to make this result. This cannot occur if the text contradicts that which is authentic, and it mentions at the end of both narrations that the Messenger of Allah  صلى الله عليه وآله وسلم ordered them to rent with gold and silver, and yet it was reported in Al-Bukhari from Rafi’,“As for gold and silver they were not used at that time”, or, in other words, they were not used in transactions for renting land, even though renting land took place and gold and silver was available and they used to transact with it in issues other than renting land, and if the Messenger  صلى الله عليه وآله وسلم had ordered them to rent with gold and silver then it would have taken place at that time, and he would have reported that. But he didn’t report that, and over and above that he reported that in fact gold or silver was not used for renting land at that time.

Accordingly the making Hasan of the report through additional witnesses (other narrations) is not correct since the end of the two narrations mentions: “and ordered us to rent it with gold and silver”, and so this part of the two narrations remain weak and cannot be used as evidence.

Those who permit the renting of land also claim that the evidence for permitting land rental, is that the people used to do so, as well as the Ijma’ of the companions. As for the peoples’ transactions, it is narrated that Ibn Umar used to rent his land at the time of the Messenger of Allah  صلى الله عليه وآله وسلم , Abu Bakr (ra), ‘Uthman (ra) and part of the time in the governorship of Mu’awiyah, and Ibn Al-Arabi Al-Maliki narrated an Ijma’ of the companions upon the permission of renting land, which indicates that renting land is permitted.

The response to this is: the fact that people transact a certain way is not a Shari’ah evidence for its permission, but rather the evidence must be a Shari’ah text either from the Book or the Sunnah. In addition to that, the narration regarding Ibn Umar renting his land is not suitable for an evidence since once he heard the narration (prohibiting the renting of land) he stopped doing it. This has been confirmed by two narrations from him that he stopped renting land due to it being prohibited; in the narration from Rafi’ from Ammayah it is mentioned that: “Ibn Umar stopped renting land”, and in the narration from Ibn Umar himself he said: “We didn’t use to see any problem in share-cropping until we heard Rafi’ Bin Khadij say the narration”, and the understanding from this is that he then saw a problem in share-cropping, and share-cropping is renting of land. Based upon this, the evidence regarding peoples’ transactions is rejected, and the use of Ibn Umar’s actions as proof is likewise rejected. As for the Ijma’ of the companions, which is claimed to be an Ijma’ upon the permission of renting land, it is rather Ijma’ upon Al-Musaqah (renting trees for a portion of their yields) based upon the Messenger of Allah  صلى الله عليه وآله وسلم leasing the land of Khaybar to the Jews, and it is not an Ijma’ upon renting land. This is because Ibn Al-‘Arabi was the one who narrated this Ijma’, and mentioned it in the explanation of the narration of Umar (ra) that the Prophet  صلى الله عليه وآله وسلم did business with the people of Khaybar, and so the companions had an Ijma’ on the permission of this renting. Therefore, this is the Ijma’ that he is relating, which is an Ijma’ upon Al-Musaqah and not upon the renting of land, and so it cannot be used as evidence. Accordingly, it is not suitable to be used as an evidence to indicate the permission of renting land.

And those who permit renting of land claim that there is an Ijma’ of the companions upon the permission of renting land by gold and silver as an evidence, and the author of Al-Fateh wrote: “And Ibn Munthir claimed that the Messenger’s companions agreed upon the renting of land by gold and silver”, and so this Ijma’ is an evidence for the permission of renting by gold and silver.

The answer to this is that the narrations related to the prohibition of renting land invalidate this Ijma’ since the prohibition was general, as the Prophet  صلى الله عليه وآله وسلم said:

«مَنْ كَانَتْ لَهُ أَرْضٌ فَلْيَزْرَعْهَا، أَوْ لِيُحْرِثْهَا أَخَاهُ، وَإِلاَّ فَلْيَدَعْهَا»

Whoever has land should cultivate it, or let his brother cultivate it, and if not, then give it up” (reported by Muslim from Jabir), and in the narration from Muslim from Abu Hurayrah who said that the Messenger of Allah  صلى الله عليه وآله وسلم said:

«مَنْ كَانَتْ لَهُ أَرْضٌ فَلْيَزْرَعْهَا، أَوْ لِيَمْنَحْهَا أَخَاهُ، فَإِنْ أَبَى فَلْيُمْسِكْ أَرْضَهُ»

Whoever has some land, then he should cultivate it, or let his brother cultivate it, and if he refuses, then his land is taken (from him)”. His  صلى الله عليه وآله وسلم words: “and if not, then give it up”, and: “if he refuses, then his land is taken (from him)”, is evidence for the absence of permission for renting by gold and silver. In the same manner, the narrations limit the rule to two options at the exclusion of any others as has been previously explained: the words of the Prophet  صلى الله عليه وآله وسلم

«ازْرَعْهَا أَوْ امْنَحْهَا أَخَاكَ»

cultivate it or give it to your brother”, gave him two options to choose between, and there is no third option apart from them, and the consensus mentioned permits a third option (gold and silver), which is contradictory. This requires Tarjeeh (weighing up the evidences), and the narrations mentioned have a stronger chain than that of the consensus, and this is apart from the fact that consensus is only upon something that all have either agreed its permission or prohibition; as for something which has not occurred yet, then it cannot have an Ijma’ upon it, and renting land by gold and silver was not something that the people used to do, as narrated in Bukhari from Rafi’: “As for gold and silver, they were not used at that time”, and from Hanthala b. Qays:

«سَأَلْتُ رَافِعَ بْنَ خَدِيجٍ عَنْ كِرَاءِ الأَرْضِ بِالذَّهَبِ وَالْوَرِقِ فَقَالَ: لا بَأْسَ بِهِ، إِنَّمَا كَانَ النَّاسُ يُؤَاجِرُونَ عَلَى عَهْدِ النَّبِيِّ  صلى الله عليه وآله وسلم عَلَى الْمَاذِيَانَاتِ وَأَقْبَالِ الْجَدَاوِلِ وَأَشْيَاءَ مِنْ الزَّرْعِ، فَيَهْلِكُ هَذَا وَيَسْلَمُ هَذَا، وَيَسْلَمُ هَذَا وَيَهْلِكُ هَذَا، فَلَمْ يَكُنْ لِلنَّاسِ كِرَاءٌ إِلاَّ هَذَا؛ فَلِذَلِكَ زُجِرَ عَنْهُ، فَأَمَّا شَيْءٌ مَعْلُومٌ مَضْمُونٌ فَلا بَأْسَ بِهِ»

I asked Rafi' b. Khadij about the renting of land for gold and silver, whereupon he said: There is no harm in it for the people let out land situated near canals and at the ends of the streamlets or portion of fields. (But it so happened) that at times this was destroyed and that was saved. whereas (on other occasions) this portion was saved and the other was destroyed and thus no rent was payable to the people (who let out lands) but for this one (which was saved). It was due to this that he (the Holy Prophet) prohibited it. But if there is something definite and reliable (e. g. money). there is no harm in it. These two narrations indicate that renting land by gold and silver did not take place at that time, which negates the presence of an Ijma’ upon something that took place. The Ijma’ of the companions is simply a method to uncover an evidence (Kashif ‘An Dalil), and not an opinion of theirs that they agreed upon after debating and agreeing upon it. Therefore, their Ijma’ that the rule for this action is such and such means that they heard the Messenger  صلى الله عليه وآله وسلم say that rule, or he  صلى الله عليه وآله وسلم was seen to do it, or he  صلى الله عليه وآله وسلم remained silent upon it (having known of it being done), and so the companions narrate the rule without relating the evidence. This cannot occur except with something that occurred in reality, since the Shari’ah was legislated upon actions that were done and occurrences that took place, and not upon academic hypotheses, and therefore it is imperative that the Ijma’ of the companions is upon something that was present. And as long as the presence of people renting land by gold and silver has been negated by authentic narrations, then this is a negation of the presence of any Ijma’ of the companions upon it. In the same manner when Umar (ra) said to a crowd of companions from the pulpit:

«مَنْ أَحْيَا أَرْضاً مَيْتَةً فَهِيَ لَهُ وَلَيْسَ لِمُحْتَجِرٍ حَقٌّ بَعْدَ ثَلاثِ سِنِينَ»

whoever revives a dead land, it belongs to him, and the one who fenced it off , then has no right in it after three years (if not cultivated).” (mentioned by Abu Yusuf in Al-Kharaj from Salim b. ‘Abd Allah). And so he prohibited the one who fenced the land from any rights after three years, since his word: “right” is an indefinite noun in the context of a negation which is therefore general and encompasses a negation of all rights. So, if he was allowed to rent it by gold and silver, it wouldn’t have been taken from him after three years, and Umar (ra) said this and acted upon it in front of the sight and hearing of the companions and none of them refuted him and so it is a consensus.

And those who permit the renting of land say that the evidence for its permissibility is the narration from Ibn ‘Abbas who said:

«إِنَّ اللهَ لَمْ يَنْهَ عَنِ المُزَارَعَةِ، وَلَكِنَّهُ قَالَ: أَنْ يَمْنَحَ أَحَدَكُمْ أَخَاهُ خَيْرٌ لَهُ مِنْ أَنْ يَأْخُذَ شَيْئاً مَعْلُوماً»

Allah did not forbid that, but said: One had better give the land to one's brother gratis rather than charge a certain amount for it.”(agreed upon). Ibn Maja mentioned the narration: "from Ibn Abbas, that he heard people increased renting land, and said: "Glory to Allah, the Messenger of Allah only said:

«أَلا مَنَحَهَا أَحَدُكُمْ أَخَاهُ، وَلَمْ يَنْهَ عَنْ كِرَائِهَا»

“One should grant it to his brother” and did not prohibit renting it”", and in another report from Ibn ‘Abbas: “The Messenger of Allah did not prohibit share-cropping but he commanded people to be kind with each other by his words:

«مَنْ كَانَتْ لَهُ أَرْضٌ فَلْيَزْرَعْهَا، أَوْ لِيَمْنَحْهَا أَخَاهُ، فَإِنْ أَبَى فَلْيُمْسِكْ أَرْضَهُ»

“Whoever has some land, then he should cultivate it, or let his brother cultivate it, and if he refuses then his land is taken (from him)”" (reported and authenticated by Al-Tirmidhi from Ibn ‘Abbas), and in the same manner what is reported from Thabit:

«أَنَّ رَسُولَ اللَّهِ  صلى الله عليه وآله وسلم نَهَى عَنْ الْمُزَارَعَةِ، وَأَمَرَ بِالْمُؤَاجَرَةِ، وَقَالَ: لا بَأْسَ بِهَا»

The Messenger of Allah  صلى الله عليه وآله وسلم prohibited share-cropping and ordered renting and said no Haram in it.” (as reported by Muslim). And so these narrations indicate the permission of renting.

The answer to this is that the narration of Ibn Abbas in all of its reports is information of his understanding of the words of the Messenger  صلى الله عليه وآله وسلم , and not a report from the Messenger  صلى الله عليه وآله وسلم . They are an explanation that he understood that the prohibition of renting land by the Messenger  صلى الله عليه وآله وسلم was not for Tahrim, and so he said: “did not prohibit it”. And it is explicitly mentioned by him in the second report, since it is clarified he understood it from the words of the Messenger  صلى الله عليه وآله وسلم , as he explained his understanding by mentioning the narration which he had understood from when he said: “did not prohibit share-cropping but he commanded people to be kind with each other by his (saw) words…”. As long as it is the understanding of Ibn ‘Abbas and not a narration from the Prophet  صلى الله عليه وآله وسلم then it is not considered to be a proof, and cannot be used as evidence. As for the narration of Thabit who said: “and commanded renting”, this contradicts the other narration: “The Messenger of Allah prohibited the leasing of land” and the other narration: “The Messenger of Allah prohibited any rent to be taken for land, or any share of it (crops)” (reported by Muslim from Jabir), since his words: “and commanded renting” is general, encompassing all types of renting, and his words: “the leasing of land” and: “any rent to be taken” are also general; in other words, the order to rent is general and the prohibition is general, and this cannot be reconciled, since they are both general. It is not the case that one of the two is general and the other specific, or general from one angle and specific from another, and the other is general from another angle and specific from an angle other than the narration and so on such that reconciliation between the evidences could have been possible. Rather the generality of the order and prohibition are equal, so Tarjeeh is necessary and then the prohibition is given precedence and the narration ordering renting is rejected because if two texts contradict, then the precedence is given to the prohibition ahead of the order due to his  صلى الله عليه وآله وسلم words:

«دَعْ مَا يَرِيبُكَ إِلَى مَا لا يَرِيبُكَ»

Give up what is doubtful to you for that which is not doubtful.” (reported by Al-Tirmidhi who said it is Hasan Sahih), and accordingly the use of these narrations as evidence has been negated.

Those who claim that renting land is permitted also state that the evidence for its permission is what has been reported by Abu Dawud that Zayd Bin Thabit said:

«يَغْفِرُ اللَّهُ لِرَافِعِ بْنِ خَدِيجٍ، أَنَا وَاللَّهِ أَعْلَمُ بِالْحَدِيثِ مِنْهُ، إِنَّمَا أَتَاهُ رَجُلانِ قَالَ مُسَدَّدٌ مِنْ الأَنْصَارِ ثُمَّ اتَّفَقَا قَدْ اقْتَتَلا فَقَالَ رَسُولُ اللَّهِ  صلى الله عليه وآله وسلم : «إِنْ كَانَ هَذَا شَأْنَكُمْ فَلا تُكْرُوا الْمَزَارِعَ»

May Allah forgive Raafi Bin Khadij, I have more knowledge of Ahadith than he does. Two men who had quarreled came to the Prophet (SAW) and he said: 'If this is your situation, do not lease farms,' and what Rafi' bin Khadij heard was 'Do not lease farms”.

In other words, Zayd b. Thabit said he knew more about that (meaning renting land) than Rafi’, and that when the Prophet heard two men had fought so he  صلى الله عليه وآله وسلم said:

«إِنْ كَانَ هَذَا شَأْنَكُمْ فَلا تُكْرُوا الْمَزَارِعَ»

'If this is your situation, do not lease farms,' and what Rafi' bin khadij heard was 'Do not lease farms.” And Al-Bukhari reported fromAmrf Bin Dinar who said: “I said to Tawus, if you left behind Al-Mukhabara (share-cropping) since they claim that the Prophet  صلى الله عليه وآله وسلم prohibited it. He said: More knowledgeable than them (intending Ibn ‘Abbas) told me that the Prophet  صلى الله عليه وآله وسلم did not prohibit it and rather he said:

«أَنْ يَمْنَحَ أَحَدُكُمْ أَخَاهُ خَيْرٌ لَهُ مِنْ أَنْ يَأْخُذَ عَلَيْهَا خَرَاجاً مَعْلُوماً»

“That one of you grant it to his brother is better( for him) than to take a fixed Kharaj upon it””, and Al-Kharaj linguistically means leasing of the land. So these two narrations indicate the permission of renting.

The reply to this is that the narration of Zayd does not indicate the permission of renting land, but rather it indicates its prohibition, and as for the understanding derived from the condition in his words: “If this is your situation”, this is voided by the narrations which comprehensively prohibit renting for farming, and also it is voided since it falls under the usual situation – meaning that renting in the manner that they used to would normally lead to disputes and differences since some land is more fertile than other. This is similar to the voiding of the condition in His (swt) words:

((وَلَا تُكْرِهُوا فَتَيَاتِكُمْ عَلَى الْبِغَاءِ إِنْ أَرَدْنَ تَحَصُّنًا))

And do not compel your slave girls to prostitution, if they desire chastity.” (TMQ 24:33), so this condition is voided as it falls under the usual situation – most of the time their maids hated prostitution, and so this understanding, or this understanding derived from the condition, is voided since it was merely a description of what was the case in usual circumstances (that a woman would hate to be forced into prostitution), and it also voided the texts which prohibited fornication generally and were not limited.

As for the second narration from ‘Amru b. Dinar, likewise it does not mean: “permission to grant and permission to take rent, but granting is better”; rather it prohibits taking the rent. This is because the sentence: “to grant his brother is better for him than to take a fixed Kharaj upon it” is an informative sentence which conveys a request, in other words, it is as though he  صلى الله عليه وآله وسلم said: “Grant your brother and don’t take Kharaj from him”, and so it contains a request to grant, in other words, give, without recompense, and prohibiting taking Kharaj or in other words, rent. It requires an indication to explain the type of prohibition: “request to leave”, and the indications are in other narrations which convey that it is a decisive request since they prohibit the taking of rent comprehensively such as his words  صلى الله عليه وآله وسلم :

«مَنْ كَانَتْ لَهُ أَرْضٌ فَلْيَزْرَعْهَا أَوْ لِيُزْرِعْهَا أَخَاهُ، وَلا يُكَارِيهَا بِثُلُثٍ وَلا بِرُبُعٍ وَلا بِطَعَامٍ مُسَمًّى»

Whoever has land, let him cultivate it (himself) or give it to his brother to cultivate, and not lease it in return for one-third or one-quarter of the yield nor a specified amount of food (produce).'(reported by Abu Dawud). And:

«مَنْ كَانَتْ لَهُ أَرْضٌ فَلْيَزْرَعْهَا أَوْ لِيَمْنَحْهَا، فَإِنْ لَمْ يَفْعَلْ فَلْيُمْسِكْ أَرْضَهُ»

Whoever has land should cultivate it himself or give it to his (Muslim) brother gratis; otherwise he should keep it uncultivated. And from Rafi’:

«أَنَّ النَّبِيَّ  صلى الله عليه وآله وسلم نَهَى عَنْ كِرَاءِ الْمَزَارِعِ»

The Messenger of Allah prohibited renting of farms” (agreed upon). And:

«نَهَى رَسُولُ اللَّهِ  صلى الله عليه وآله وسلم أَنْ يُؤْخَذَ لِلأَرْضِ أَجْرٌ أَوْ حَظٌّ»

The Messenger of Allah forbade the land to be used for a rent or share of the crop” (reported by Muslim from Jabir). And it is reported that ‘Abd Allah b. Umar met Rafi’ b. Khadij and asked him and so he replied: I heard my uncles, and they were from those who saw Badr, say:

«أَنَّ رَسُولَ اللَّهِ  صلى الله عليه وآله وسلم نَهَى عَنْ كِرَاءِ الأَرْضِ»

The Messenger of Allah prohibited renting land” (by Muslim).

Those who claim that renting land is permitted say that the proof for its permissibility is what is reported by Ibn Umar:

«أَنَّ رَسُولَ اللَّهِ  صلى الله عليه وآله وسلم عَامَلَ أَهْلَ خَيْبَرَ بِشَطْرِ مَا يَخْرُجُ مِنْهَا مِنْ ثَمَرٍ أَوْ زَرْعٍ»

The Messenger of Allah contracted the people of Khaybar over half of what was produced of fruit or crops”, and Abu Ja’far said:

«عَامَلَ رَسُولُ اللهِ  صلى الله عليه وآله وسلم أَهْلَ خَيْبَرَ بِالشَّطْرِ، ثُمَّ أَبُو بَكْرٍ، ثُمَّ عُمَرُ وَعُثْمَانَ وَعَلِيُّ، ثُمَّ أَهْلُوهُمْ، إِلَى اليَوْمِ يُعْطُونَ الثُّلُثَ وَالرُّبُعَ»

The Messenger of Allah  صلى الله عليه وآله وسلم contracted the people of Khaybar over half, and then Abu Bakr (did the same), and then Umar, and then Uthman and Ali and then until today they give a third and a quarter” (mentioned by Ibn Qudamah in Al-Mughni and he said it is Sahih Mashhur). And Al-Bukhari reported from Ibn Umar:

«أَنَّ النَّبِيَّ  صلى الله عليه وآله وسلم عَامَلَ خَيْبَرَ بِشَطْرِ مَا يَخْرُجُ مِنْهَا مِنْ ثَمَرٍ أَوْ زَرْعٍ، فَكَانَ يُعْطِي أَزْوَاجَهُ مِائَةَ وَسْقٍ ثَمَانُونَ وَسْقَ تَمْرٍ وَعِشْرُونَ وَسْقَ شَعِيرٍ، فَقَسَمَ عُمَرُ خَيْبَرَ، فَخَيَّرَ أَزْوَاجَ النَّبِيِّ  صلى الله عليه وآله وسلم أَنْ يُقْطِعَ لَهُنَّ مِنْ الْمَاءِ وَالأَرْضِ أَوْ يُمْضِيَ لَهُنَّ؟ فَمِنْهُنَّ مَنْ اخْتَارَ الأَرْضَ، وَمِنْهُنَّ مَنْ اخْتَارَ الْوَسْقَ، وَكَانَتْ عَائِشَةُ اخْتَارَتْ الأَرْضَ»

The Prophet  صلى الله عليه وآله وسلم contracted the people of Khaybar upon a half of what they produced from the land, in terms of crops or fruits, so he used to give his wives one hundred loads, eighty of dates, and twenty of barley, then Umar divided Khaybar and gave the wives of the Prophet  صلى الله عليه وآله وسلم the choice to be given land and water from it, or to continue taking the loads, and so some of them chose the land, and others the loads, and Aisha chose land”. Therefore, this narration indicates the permission of renting land for a part of its yields, and so indicates the permissibility of renting land absolutely.

The reply to this is that the land of Khaybar was wooded land irrigated by water, and between the trees was a flat land whose area was less than that of the area of the wooded land. It was this land that was cultivated, and this is supported by what was mentioned in some of the narrations:

«أَنَّ النَّبِيَّ  صلى الله عليه وآله وسلم عَامَلَ أَهْلَ خَيْبَرَ بِشَطْرِ مَا يَخْرُجُ مِنَ النَّخْلِ وَالشَّجَرِ»

The Prophet  صلى الله عليه وآله وسلم contracted the people of Khaybar over what they produced from the palm trees and trees.” (reported by Al-Daraqutni from Ibn Umar). And in the narration of Ibn Abbas:

"أرضها ونخلها"

its land and its palm trees.” Accordingly, the reality of what the Messenger  صلى الله عليه وآله وسلم did when he  صلى الله عليه وآله وسلم leased Khaybar is that it was Musaqah (renting trees for a portion of their yields) and not share-cropping, or in other words, renting of a wooded land and not the rental of the land alone, rather the rental of trees and the land with them, which is Musaqah, and this is permitted without any difference. It is permitted to rent a tree for a fixed portion of its fruits in exchange for someone watering and harvesting them, and the land is rented since the tree is on the land, on the condition that there is more land with trees than empty land in order that the rental be for the trees and not the land. So this is Musaqah which is permitted, and what is forbidden is the renting of land and not the Musaqah. A detailed look at the narration in Bukhari reveals that the land was mainly full of trees, and the land with trees was greater than the empty land, and there was water there to irrigate the trees, which means it was Musaqah. Look at the words in the narration: “so he used to give his wives one hundred loads, eighty of dates, and twenty of barley”, and his words: “to be given land and water from it”, which indicates that the land of Khaybar used to have trees, and that its rental was on the basis of Musaqah, and not share-cropping nor renting of the land.

Based upon that, the narration cannot be used as an evidence for the permissibility of renting land, and therefore its use is negated.

In summary, therefore, the prohibition of renting is an issue which is as clear as can be. And accordingly the evidence for the article has been proven with the most prominent manner of deduction.

As for Musaqah – the renting of trees for a portion of their fruits or the renting of trees with the land they are on for a portion of the fruit and crops, as long as there are more trees than empty land - the proof for this is the Shari’ah meaning of Musaqah and the permission for Musaqah in the narrations reported regarding it. Al-Bukhari reported from Abu Hurayrah who said:

«قَالَتْ الأَنْصَارُ لِلنَّبِيِّ  صلى الله عليه وآله وسلم : اقْسِمْ بَيْنَنَا وَبَيْنَ إِخْوَانِنَا النَّخِيلَ، قَالَ: لا، فَقَالُوا: تَكْفُونَا الْمَئُونَةَ وَنَشْرَكْكُمْ فِي الثَّمَرَةِ، قَالُوا: سَمِعْنَا وَأَطَعْنَا»

The Ansar said to the Prophet  صلى الله عليه وآله وسلم : distribute the date palm trees between us and our emigrant brothers. He replied, "No." The Ansar said (to the emigrants)"look after the trees (water and watch them) and share the fruits with us." The emigrants said: "We listen and obey"”. And Al-Bukhari extracted through Nafi’ that ‘Abd Allah b. Umar informed him:

«أَنَّ النَّبِيَّ  صلى الله عليه وآله وسلم عَامَلَ خَيْبَرَ بِشَطْرِ مَا يَخْرُجُ مِنْهَا مِنْ ثَمَرٍ أَوْ زَرْعٍ، فَكَانَ يُعْطِي أَزْوَاجَهُ مِائَةَ وَسْقٍ ثَمَانُونَ وَسْقَ تَمْرٍ وَعِشْرُونَ وَسْقَ شَعِيرٍ، فَقَسَمَ عُمَرُ خَيْبَرَ فَخَيَّرَ أَزْوَاجَ النَّبِيِّ  صلى الله عليه وآله وسلم أَنْ يُقْطِعَ لَهُنَّ مِنْ الْمَاءِ وَالأَرْضِ أَوْ يُمْضِيَ لَهُنَّ؟ فَمِنْهُنَّ مَنْ اخْتَارَ الأَرْضَ، وَمِنْهُنَّ مَنْ اخْتَارَ الْوَسْقَ، وَكَانَتْ عَائِشَةُ اخْتَارَتْ الأَرْضَ»

The Prophet  صلى الله عليه وآله وسلم contracted the people of Khaybar upon a half of what they produced from the land, in terms of crops or fruits, so he used to give his wives one hundred loads, eighty of dates, and twenty of barley, then Umar divided Khaybar and gave the wives of the Prophet  صلى الله عليه وآله وسلم the choice to be given land and water from it, or to continue taking the loads, and so some of them chose the land, and others the loads, and Aisha chose land”, and Muslim and Abu Dawud and Al-Nasa’i reported:

«أَنَّ رَسُولَ اللَّهِ  صلى الله عليه وآله وسلم دَفَعَ إِلَى يَهُودِ خَيْبَرَ نَخْلَ خَيْبَرَ وَأَرْضَهَا عَلَى أَنْ يَعْتَمِلُوهَا مِنْ أَمْوَالِهِمْ، وَلِرَسُولِ اللَّهِ  صلى الله عليه وآله وسلم شَطْرُ ثَمَرِهَا»

The Messenger of Allah  صلى الله عليه وآله وسلم gave the Jews the date palms and land of Khaybar, for them to work upon it with their wealth, and the Messenger of Allah  صلى الله عليه وآله وسلم would have half of its fruits”. Ahmad and Ibn Maja reported from Ibn ‘Abbas:

«أَنَّ رَسُولَ اللَّهِ  صلى الله عليه وآله وسلم دَفَعَ خَيْبَرَ أَرْضَهَا وَنَخْلَهَا مُقَاسَمَةً عَلَى النِّصْفِ»

The Prophet  صلى الله عليه وآله وسلم gave Khaybar’s land and date palms as a division over half”. These narrations indicate that Musaqah is the renting of trees alone for part of their fruits, as is apparent from the narration of Abu Hurayrah regarding the actions of the Ansar. They also indicate that Musaqah is the renting of trees with land for a portion of the fruits of the trees and the yield of the land, as is apparent from the narration of Nafi’ from ‘Abd Allah b. Umar:

«عَامَلَ خَيْبَرَ بِشَطْرِ مَا يَخْرُجُ مِنْهَا مِنْ ثَمَرٍ أَوْ زَرْعٍ»

contracted the people of Khaybar upon a half of what they produced from the land, in terms of crops or fruits”, and likewise from the narration of Muslim, Abu Dawud and Al-Nasa’i: “date palms and land of Khaybar” and the narration of Ibn Abbas: “Khaybar’s land and date palms”. So they indicate that the renting is either of the trees alone, or the trees and the land with them. Similarly they indicate that the land should be less than the trees, as is clear from the narration of Nafi’ from ‘Abd Allah b. Umar:

«مِائَةَ وَسْقٍ ثَمَانُونَ وَسْقَ تَمْرٍ وَعِشْرُونَ وَسْقَ شَعِيرٍ»

hundred loads, eighty of dates, and twenty of barley”. Accordingly it is confirmed that the reality of Musaaqah is renting the trees for a portion of its fruits, or renting the trees and land for a portion of the fruit and the crops, as long as the trees are more than the land. Additionally these narrations are evidence for the permissibility of Musaqah.

Some articles of the Constitution

The Constitution of the Caliphate State,

Article 149: The permanent sources of income for Bayt Al-Mal

Article 149: The permanent sources of income for the Bayt Al-Mal are the booty, Jizya, land tax, a fifth of buried treasure, and Zakah. This income is collected continuously irrespective of whether there was a need or not. more
The Constitution of the Caliphate State,

Article 57 : Term of office for the governor

Article 57: The governor’s term of office in a particular province is not to be long. He must be discharged whenever he becomes firmly established in his province or the people become enchanted with him. more
The Constitution of the Caliphate State,

Article 165: Development and investment by foreign funds and franchises to foreigners.

Article 165: Development and investment by foreign funds within the State are forbidden. It is also prohibited to grant franchises to foreigners. more
The Constitution of the Caliphate State

Article 18: The rulers and the employees

Article 18: There are four types of rulers: the Khalifah, the delegated assistant, the governor, and the worker (’amil), and whoever falls under the same rule. As for anyone else, they are not considered rulers, but rather employees. more
The Constitution of the Caliphate State,

Article 138: Property of Factories

Article 138: Factories by their nature are private property. However, they follow the rule of the product that they are producing. If the product is private property then the factory is considered to be private property, such as textile factories. If the product is public property then the factory is considered public property, such as factories for iron ore production. more
The Constitution of the Caliphate State,

Article 72: Issues threatened the internal security

Article 72: The most prominent issues that threaten the internal security that are under the responsibility of the Department of Internal Security to treat are: apostasy, rebellion and banditry, attacks on people’s wealth, attacking people and their honour and co-operating with the people of suspicion who spy for the belligerent disbelievers. more
The Constitution of the Caliphate State,

Article 112: The primary role of women

Article 112: The primary role of women is that she is a mother and responsible over the household and she is an honour that must be protected. more

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