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Text and translation
English translation
1368. Samurah narrated that the Messenger of Allāh ﷺ said: "The neighbor of a home has more right to the home." (Hasan)
Abū 'Eīsā said: There are narrations on this topic from Ash-Sharīd, Abū Rāfi', and Anas.
Hasan Gharib, we do not know it as a narration of Abū Ishāq except from this route; the narration of Sharīk bin 'Abdullāh.
This Hadīth is acted upon according to some of the people of knowledge, and it is the view of Ahmad and Ishāq.
I asked Muḥammad bin Ismā'īl about this Hadīth and he said: "It is a Hasan Hadīth." And he said: "I do not know of it as a narration of Abū Ishāq except from the report of Sharīk." Muḥammad said: "Ma'qīl bin Mālik Al-Baṣrī narrated to us: 'Uqbah bin Al-Aṣam narrated to us from 'Aṭā', from Rāfī' bin Khadij from the Prophet ﷺ, similarly."
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Commentary
This narration proves that if someone cultivates the land without the owner's permission, the produce will belong to the owner of the land and the tiller will get only the expenditure he spent on the cultivation.
