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Text and translation
English translation
1385. Ibn 'Abbās narrated: "The Messenger of Allāh ﷺ did not prohibit share-cropping. But he ordered that they be helpful with each other." (Sahih)
[Abū 'Eisā said:] This Hadīth is Hasan Sahih. The Hadīth of Rāfi' contains confusion (Idtirāb). This Hadīth was reported from Rāfi' bin Khadīj from his uncles, and it has been reported from him, from Zuhair bin Rāfi' who is one of his uncles. And this Hadīth has been reported from him with conflicting narrations. There are narrations on this topic from Zaid bin Thābit and
There are narrations on this topic from Anas, Ibn 'Abbās, Zaid bin Thābit, and Jābir.
[Abū 'Eisā said:] This Ḥadīth is Hasan Ṣaḥīḥ.
This is acted upon according to some of the people of knowledge among the Companions of the Prophet ﷺ and others. They saw no harm in share-cropping for half, a third, or a quarter.
Some of them preferred that the owner of the land provide the seeds. This is the view of Ahmad and Ishāq. Some of the people of knowledge disliked share-cropping for a third and a quarter, and they saw no harm in Musāqāh[1] with date-palms for a third or a quarter. This is the view of Mālik bin Anas and Ash-Shāfi'i. Some of them did not think that any share-cropping was correct, except for renting out the land for gold and silver.
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Commentary
In Islam, there is no restriction or limit on personal property. All the A'immah agree on this point. Giving the land or garden on lease is lawful, provided no party suffers unilateral loss. While giving the land on lease, selecting a particular piece of land by the landlord, or fixing the quantity of the produce beforehand, is not lawful. All the scholars and A'immah agree that land or a garden can be leased with the aforesaid restrictions.
Real purpose of granting an estate to cultivators is to make the land useful for cultivation, and to improve the overall economic condition of the local community and country.
