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Text and translation
English translation
3930. It was narrated that Hanzalah bin Qais Al-Anšārī said: “I asked Rāfi' bin Khadīj about leasing land in return for Dinārs and silver. He said: ‘There is nothing wrong with that. During the time of the Messenger of Allāh ﷺ they used to rent land to one another in return for what grew on the banks of streams and where the springs emerged – some areas of which might give good produce and
some might give none at all – and the people did not lease land in any other way. So that was forbidden. But as for leases where the return is known and guaranteed, there is nothing wrong with that.” (Sahih)
Mâlik bin Anas was in accord with the chain, but he differed in the wordings.
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Commentary
In other words, the cause of prohibition was the existence of oppressive conditions, on account of which the farmers were incurring an absolute loss. They deceptively used to specify for themselves the harvest produced by the fertile portions of the field, while the harvest produced by the infertile and bad portions was thrown to the farmers by way of good riddance.
