Chapter15
Musaqah (Watering grapes or dates for part of the crop) and ljarah (A Contract for Hire or Lease)
932. Ibn 'Umar
narrated that the Messenger of Allah
made a deal with the people of Khaibar (the Jews) that they would have half the fruit and vegetation of the land they cultivated (in return for their work on it).' Agreed upon.
In another version by Al-Bukhari and Muslim.They requested the Messenger of Allah
to let them stay there on the condition that they would cultivate it and take half of the fruit. The Messenger of Allah
told them, "We will let you stay on this condition, as long as we wish." They stayed there until 'Umar
deported them.
In a version by Muslim, 'The Messenger of Allah
handed over to the Jews of Khaibar the palm-trees and its land on the condition that they should cultivate it with their own wealth (providing seeds etc..) and take half of its fruit.'
933. Hanzalah bin Qais narrated, 'I asked Rafi' bin Khudaij
about letting out land for gold and silver.' Rafi ' replied, "I'here is no harm in doing that, people used to rent land during the lifetime of the Prophet
for what grew by the streamlets or by the beginning or end of water canals, or for something from the crops. But sometimes, one portion of the product would be destroyed while the other would be 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 the lands} but for this one (which was saved). It was due to this that he (the Holy Prophet
) prohibited it, unless the land was let out for something,
which is well known. and reliable to be paid (such as money or something of known value) there is no harm in it.' Related by Muslim.
934. Thdbit bin Ad-Dahhak
narrated that the Messenger of Allah
prohibited Muzara'ah (287) and commanded that people should be employed for a known wage. Related by Muslim.
287. Sharecropping, which means to farm someone's land for' a share of the harvest.935. Ibn 'Abbas
narrated, 'The Messenger of Allah
had himself cupped and gave the one who cupped him his wages, and if this pay was prohibited he would not have given it to him.' Related by Al-Bukhari.
936. Rafi' bin Khadij
narrated that the Messenger of Allah
said, 'The earnings of the cupper are impure (but not prohibited)!' Related by Muslim.
937. Abu Hurairah
narrated that the Messenger of Allah
said, 'Allah, Glorified be He said, "Three persons are My adversary on the Day of Resurrection: a man who gave a promise in My Name then did not carry it out; a person who sold a free man and took the price; and a man who hired a servant and after using his services, did not give
him his wages!' Related by Muslim.
938. Ibn 'Abbas
narrated that the Messenger of Allah
said,"The thing which is most worthy for taking payment is the Book of Allah." (288) Related by Al-Bukhari.
288. Taking payment for teaching others (children or otherwise) how to recite it, help in memorizing etc.939. Ibn 'Umar
narrated that the Messenger of Allah
said, "Give a hired person his fees before his sweat dries up." Related by Ibn Majah.
940,941. Abu Ua'la and al-Baihaqi transmitted somethmg to the same effect as the above on the authority of Abu Hurairah and At-Tabarani on the authority of Jabir but they are all weak.
942. Abu Sa'id al-Khudri
narrated that the Messenger of Allah
said, "He who hires a person should inform him of his pay." Related by "Abdur-Raziq but with a disconnected chain of narrators.