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Text and translation
English translation
2460. It was narrated from Usaid bin Zuhair, the paternal nephew of Rāfi’ bin Khadij, that Rāfi’ bin Khadij said: “If one of us did not need his land, he would give it (to someone else to cultivate) in return for one third, or one quarter, or one half of the yield, and he would stipulate (that he should receive) the produce
grown on the banks of three streams, and the grains that remain in the ear after threshing, and the produce irrigated by a stream. Life at that time was hard, and he would work (the land) with iron and whatever Allāh willed, and he would benefit from it. Then Rāfi' bin Khadij came to us and said: 'The Messenger of Allāh ﷺ forbade you to do something that may seem beneficial to you, but obedience to Allāh and obedience to His Messenger are more beneficial for you. The Messenger of Allāh ﷺ forbade Haql[1] for you, and he said: "Whoever has no need of his land, let him give it to his brother (to cultivate) or let him leave it (uncultivated)." (Sahih)
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Commentary
The narration clears the concept of leasing out the land. Leasing out the land on one half or on one quarter is prohibited only on the conditional division of the produce, on the basis of particular parts of land. Usually the landlord keeps the produce of the piece of land which is more fertile, and is more productive. Since this is not fair, therefore, this kind of division is prohibited.
Leasing out the land on one half or on one quarter is allowed, on the basis of the total produce gained from the land.
