Select a passage to highlight it. Click or tap a highlight to remove it.
Text and translation
English translation
1820. It was narrated from Ibn 'Abbâs that when the Prophet ﷺ conquered Khaibar, he stipulated that the land, and all the yellow and white, meaning gold and silver, belonged to him. The people of Khaibar said to him: "We know the land better, so give it to us so that we may work the land, and you will have half of its produce and we will have half." He maintained that, he gave it to them on that basis. When the time for the date harvest came, he sent Ibn Rawâhah to them. He assessed the date palms, and he said: "For this tree, such and such (amount)." They said: "You are demanding too much of us, O Ibn Rawâhah!" He said: "This is my assessment, and I will give you half of what I say." They said: "This is fair, and fairness is what heaven and earth are based on." They said: "We agree to take (accept) what you say." (Hasan)
Your commentary saves automatically in this browser, separate from the published commentary. It stays private unless you include it in a shared study file.
Commentary
a. The land captured during a war against disbelievers is the property of the Islamic state. A Muslim ruler has sole right to use the produce of this land for the benefit of the state and the people.
b. Leasing out land on condition of sharing the produce; for example: instead of cultivating by himself the landlord gives the land to someone on contract that the produce of land will be shared between the landlord and the cultivator, fifty percent for each, or, less or more according to the agreed percentage.
c. The aforementioned contract is allowed for date-palm orchards and vineyards.
d. Trading deals and relations with a Dhimi (a non-Muslim who lives in a Muslim country and pays tax) and other non-Muslims, is allowed, provided no trading deal takes place contrary to Islamic law.
e. The yield of fruits that are used fresh before being dried is estimated while the fruit is on the trees and plants; so after the fruits becomes dry the estimated amount of Zakât will be taken.
f. Jews accused Ibn Rawâhah ﷺ of over estimating with the intention of bribing him to reduce the estimate, but he denied giving up honesty.
