| Grade: | Muttafaqun 'alayh (Zubair `Aliza'i) | متفق عليه (زبیر علی زئی) | حكم : |
| Reference | : Mishkat al-Masabih 86 |
| In-book reference | : Book 1, Hadith 80 |
| صَحِيحٌ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3851 |
| In-book reference | : Book 19, Hadith 63 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5616 |
| In-book reference | : Book 28, Hadith 89 |
| صَحِيحٌ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2269 |
| In-book reference | : Book 9, Hadith 44 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2680 |
| In-book reference | : Book 10, Hadith 170 |
| صَحِيحٌ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 881 |
| In-book reference | : Book 4, Hadith 305 |
Narrated Qays ibn Bishr at-Taghlibi:
My father told me that he was a companion of Abu Darda'. There was in Damascus a man from the companions of the Prophet (saws), called Ibn al-Hanzaliyyah. He was a recluse and rarely met the people. He remained engaged in prayer. When he was not praying he was occupied in glorifying Allah and exalting Him until he went to his family. Once he passed us when we were with AbudDarda'.
AbudDarda' said to him: Tell us a word which benefits us and does not harm you.
He said: The Messenger of Allah (saws) sent out a contingent and it came back. One of the men came and sat in the place where the Messenger of Allah (saws) used to sit, and he said to a man beside him: Would that you saw us when we met the enemy and so-and-so attacked and cut through a lance.
He said: Take it from me and I am a boy of the tribe Ghifar. What do you think about his statement?
He replied: I think his reward was lost. Another man heard it and said: I do not think that there is any harm in it. They quarrelled until the Messenger of Allah (saws) heard it, and he said: Glory be to Allah! There is no harm if he is rewarded and praised. I saw that AbudDarda' was pleased with it and began to raise his hand to him and say: Did you hear it from the Messenger of Allah (saws)?
He said: Yes. He continued to repeat it to him so often that I thought he was going to kneel down. He said: On another day he again passed us.
AbudDarda' said to him: (Tell us) a word which benefits us and does not harm you.
He said: The Messenger of Allah (saws) said to us: One who spends on (the maintenance of) horses (for jihad) is like the one who spreads his hand to give alms (sadaqah) and does not withhold it. He then passed us on another day.
AbudDarda' said to him: (Tell us) a word which benefits us and does no harm to you.
He said: The Messenger of Allah (saws) said: Khuraym al-Asadi would be a fine man were it not for the length of his hair, which reaches the shoulders, and the way he lets his lower garment hang down. When Khuraym heard that, he hurriedly, took a knife, cut his hair in line with his ears and raised his lower garment half way up his legs. He then passed us on another day.
AbudDarda' said to him: (tell us) a word which benefits us and does not harm you.
He said: I heard the Messenger of Allah (saws) say: You are coming to your brethren; so tidy your mounts and tidy your dress, until you are like a mole among the people. Allah does not like obscene words or deeds, or do intentional committing of obscenity.
Abu Dawud said: Similarly, Abu Nu'aim narrated from Hisham. He said: Until you will be like a mole among the people.
| Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4089 |
| In-book reference | : Book 34, Hadith 70 |
| English translation | : Book 33, Hadith 4078 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1658 |
| In-book reference | : Book 7, Hadith 21 |
| English translation | : Vol. 1, Book 7, Hadith 1658 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3249 |
| In-book reference | : Book 13, Hadith 167 |
Malik related to me from Ibn Shihab from Sulayman ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, used to send Abdullah ibn Rawaha to Khaybar, to assess the division of the fruit crop between him and the jews of Khaybar.
The jews collected for Abdullah pieces of their women's jewellery and said to him, "This is yours. Go light on us and don't be exact in the division!"
Abdullah ibn Rawaha said, "O tribe of jews! By Allah! You are among the most hateful to me of Allah's creation, but it does not prompt me to deal unjustly with you. What you have offered as a bribe is forbidden. We will not touch it." They said, "This is what supports the heavens and the earth."
Malik said, "If a share-cropper waters the palms and between them there is some uncultivated land, whatever he cultivates in the uncultivated land is his."
Malik said, "If the owner of the land makes a condition that he will cultivate the uncultivated land for himself, that is not good because the sharecropper does the watering for the owner of the land and so he increases the owner of the land in property (without any return for himself)."
Malik said, "If the owner stipulates that the fruit crop is to be shared between them, there is no harm in that if all the maintenance of the property - seeding, watering and case, etc. - are the concern of the sharecropper.
If the share-cropper stipulates that the seeds are the responsibility of the owner of the property - that is not permitted because he has stipulated an outlay against the owner of the property. Share-cropping is conducted on the basis that all the care and expense is outlayed by the share-cropper, and the owner of the property is not obliged anything. This is the accepted method of share-cropping."
Malik spoke about a spring which was shared between two men, and then the water dried up and one of them wanted to work on the spring and the other said, "I don't have the means to work on it." He said, "Tell the one who wants to work on the spring, 'Work and expend. All the water will be yours. You will have its water until your companion brings you half of what you have spent. If he brings you half of what you have spent, he can take his share of the water.' The first one is given all the water, because he has spent on it, and if he does not reach anything by his work, the other has not incurred any expense."
Malik said, "It is not good for a share-cropper not to expend anything but his labour and to be hired for a share of the fruit while all the expense and work is incurred by the owner of the garden, because the share-cropper does not know what the exact wage is going to be for his labour, whether it will be little or great."
Malik said, "No-one who lends a qirad or grants a share-cropping contract, should exempt some of the wealth, or some of the trees from his agent, because, by that, the agent becomes his hired man. He says, 'I will grant you a share-crop provided that you work for me on such- and-such a palm - water it and tend it. I will give you a qirad for such-and-such money provided that you work for me with ten dinars. They are not part of the qirad I have given you.' That must not be done and it is not good. This is what is done in our community."
Malik said, "The sunna about what is permitted to an owner of a garden in share-cropping is that he can stipulate to the share-cropper the maintenance of walls, cleaning the spring, sweeping the irrigation canals, pollinating the palms, pruning branches, harvesting the fruit and such things, provided that the share-cropper has a share of the fruit fixed by mutual agreement. However, the owner cannot stipulate the beginning of new work which the agent will start digging a well, raising the source of a well, instigating new planting, or building a cistern whose cost is great. That is as if the owner of the garden said to a certain man, 'Build me a house here or dig me a well or make a spring flow for me or do some work for me for half the fruit of this garden of mine,' before the fruit of the garden is sound and it is halal to sell it. This is the sale of fruit before its good condition is clear. The Messenger of Allah, may Allah bless him and grant him peace, forbade fruit to be sold before its good condition became clear."
Malik said, "If the fruits are good and their good condition is clear and selling them is halal and then the owner asks a man to do one of those jobs for him, specifying the job, for half the fruit of his garden, for example, there is no harm in that. He has hired the man for something recognised and known. The man has seen it and is satisfied with it.
"As for share-cropping, if the garden has no fruit or little or bad fruit, he has only that. The labourer is only hired for a set amount, and hire is only permitted on these terms. Hire is a type of sale. One man buys another man's work from him. It is not good if uncertainty enters into it because the Messenger of Allah, may Allah bless him and grant him peace, forbade uncertain transactions."
Malik said, "The sunna in share- cropping with us is that it can be practised with any kind of fruit tree, palm, vine, olive tree, pomegranate, peach, and soon. It is permitted, and there is no harm in it provided that the owner of the property has a share of the fruit:
Malik said, "Share-cropping is also permitted in any crop which emerges from the earth if it is a crop which is picked, and its owner cannot water, work on it and tend it.
"Share- cropping becomes reprehensible in anything in which share-cropping is normally permitted if the fruit is sound and the good condition is clear and it is halal to sell it. He must share-crop in it the next year. If a man waters fruit whose good condition is clear and it is halal to sell it, and he picks it for the owner, for a share of the crop, it is not sharecropping. It is similar to him being paid in dirhams and dinars. Share-cropping is what is between pruning the palms and when the fruit becomes sound and its sale is halal."
Malik said, "If some one makes a share-cropping contract for fruit trees before the condition becomes clear and its sale is halal, it is share-cropping and is permitted . "
Malik said, "Uncultivated land must not be involved in a share-cropping contract. That is because it is halal for the owner to rent it for dinars and dirhams or the equivalent for an accepted price."
Malik said, "As for a man who gives his uncultivated earth for a third or a fourth of what comes out of it, that is an uncertain transaction because crops may be scant one time and plentiful another time. It may perish completely and the owner of the land will have abandoned a set rent which would have been good for him to rent the land for. He takes an uncertain situation, and does not know whether or not it will be satisfactory. This is disapproved. It is like a man having someone travel for him for a set amount, and then saying, 'Shall I give you a tenth of the profit of the journey as your wage?' This is not halal and must not be done."
Malik summed up,"A man must not hire out himself or his land or his ship unless for a set amount."
Malik said, "A distinction is made between sharecropping in palms and in cultivated land because the owner of the palms cannot sell the fruit until its good condition is clear. The owner of the land can rent it when it is uncultivated with nothing on it."
Malik said, "What is done in our community about palms is that they can also be share-cropped for three and four years, and less or more than that."
Malik said, "That is what I have heard. Any fruit trees like that are in the position of palms. Contracts for several years are permissible for the sharecropper as they are permissible in the palms."
Malik said about the owner, "He does not take anything additional from the share-cropper in the way of gold or silver or crops which increases him. That is not good. The share-cropper also must not take from the owner of the garden anything additional which will increase him of gold, silver, crops or anything. Increase beyond what is stipulated in the contract is not good. It is also not good for the lender of a qirad to be in this position. If such an increase does enter share- cropping or quirad, it becomes by it hire. It is not good when hire enters it. Hire must never occur in a situation which has uncertainty in it."
Malik spoke about a man who gave land to another man in a share-cropping contract in which there were palms, vines, or the like of that of fruit trees and there was also uncultivated land in it. He said, "If the uncultivated land is secondary to the fruit trees, either in importance or in size of land, there is no harm in share-cropping. That is if the palms take up two-thirds of the land or more, and the uncultivated land is a third or less. This is because when the land that the fruit trees take up is secondary to the uncultivated land and the cultivated land in which the palms, vines or the like is a third or less, and the uncultivated land is two-thirds or more, it is permitted to rent the land and share-cropping in it is haram."
"One of the practices of people is to give out sharecropping contracts on property with fruit trees when there is uncultivated land in it, and to rent land while there are fruit trees on it, just as a Qur'an or sword which has some embellishment on it of silver is sold for silver, or a necklace or ring which have stones and gold in them are sold for dinars. These sales continue to be permitted. People buy and sell by them. Nothing described or instituted has come on that which if exceeded, makes it haram, and if fallen below makes it halal. What is done in our community about that is what people practise and permit among themselves. That is, if the gold or silver is secondary to what it is incorporated in, it is permitted to sell it. That is, if the value of the blade, the Qur'an, or the stones is two-thirds or more, and the value of the decoration is one-third or less."
| Sunnah.com reference | : Book 33, Hadith 2 |
| USC-MSA web (English) reference | : Book 33, Hadith 2 |
| Arabic reference | : Book 33, Hadith 1392 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5435 |
| In-book reference | : Book 27, Hadith 56 |
| ضَعِيف جدا (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2138 |
| In-book reference | : Book 8, Hadith 29 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 913 |
| In-book reference | : Book 11, Hadith 38 |
| English translation | : Vol. 2, Book 11, Hadith 914 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 2035 |
| In-book reference | : Book 21, Hadith 218 |
| English translation | : Vol. 3, Book 21, Hadith 2037 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 5416 |
| In-book reference | : Book 49, Hadith 38 |
| English translation | : Vol. 6, Book 49, Hadith 5418 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 5445 |
| In-book reference | : Book 50, Hadith 18 |
| English translation | : Vol. 6, Book 50, Hadith 5447 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3639 |
| In-book reference | : Book 30, Hadith 29 |
| English translation | : Vol. 4, Book 30, Hadith 3669 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3681 |
| In-book reference | : Book 31, Hadith 10 |
| English translation | : Vol. 4, Book 31, Hadith 3711 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3682 |
| In-book reference | : Book 31, Hadith 11 |
| English translation | : Vol. 4, Book 31, Hadith 3712 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3795 |
| In-book reference | : Book 35, Hadith 35 |
| English translation | : Vol. 4, Book 35, Hadith 3826 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan an-Nasa'i 584 |
| In-book reference | : Book 6, Hadith 91 |
| English translation | : Vol. 1, Book 6, Hadith 585 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 4283 |
| In-book reference | : Book 42, Hadith 21 |
| English translation | : Vol. 5, Book 42, Hadith 4288 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 1893 |
| In-book reference | : Book 21, Hadith 76 |
| English translation | : Vol. 3, Book 21, Hadith 1894 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3958 |
| In-book reference | : Book 36, Hadith 20 |
| English translation | : Vol. 4, Book 36, Hadith 3410 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3421 |
| In-book reference | : Book 27, Hadith 33 |
| English translation | : Vol. 4, Book 27, Hadith 3450 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3454 |
| In-book reference | : Book 27, Hadith 66 |
| English translation | : Vol. 4, Book 27, Hadith 3484 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 264 |
| In-book reference | : Book 2, Hadith 116 |
| English translation | : Vol. 1, Book 2, Hadith 264 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 299 |
| In-book reference | : Book 2, Hadith 151 |
| English translation | : Vol. 1, Book 2, Hadith 299 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 590 |
| In-book reference | : Book 6, Hadith 47 |
| English translation | : Vol. 2, Book 1, Hadith 590 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2646 |
| In-book reference | : Book 41, Hadith 2 |
| English translation | : Vol. 5, Book 39, Hadith 2646 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2662 |
| In-book reference | : Book 41, Hadith 18 |
| English translation | : Vol. 5, Book 39, Hadith 2662 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2694 |
| In-book reference | : Book 42, Hadith 7 |
| English translation | : Vol. 5, Book 40, Hadith 2694 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3244 |
| In-book reference | : Book 47, Hadith 296 |
| English translation | : Vol. 5, Book 44, Hadith 3244 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3196 |
| In-book reference | : Book 47, Hadith 248 |
| English translation | : Vol. 5, Book 44, Hadith 3196 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1410 |
| In-book reference | : Book 4, Hadith 811 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1455 |
| In-book reference | : Book 4, Hadith 856 |
| Grade: | Sahih because of corroborating evidences] (Darussalam) |
| Reference | : Musnad Ahmad 1172 |
| In-book reference | : Book 5, Hadith 584 |
| ضَعِيفٌ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 244 |
| In-book reference | : Book 2, Hadith 40 |
| ضَعِيف (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 265 |
| In-book reference | : Book 2, Hadith 61 |
| Reference | : Mishkat al-Masabih 5427 |
| In-book reference | : Book 27, Hadith 48 |
| Reference | : Mishkat al-Masabih 3387 |
| In-book reference | : Book 14, Hadith 6 |
| ضَعِيف (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2474 |
| In-book reference | : Book 9, Hadith 242 |
| Grade: | Sahīh (Zubair `Aliza'i) | صَحِيحٌ (الألباني) | حكم : |
| صحیح (زبیر علی زئی) |
| Reference | : Mishkat al-Masabih 159 |
| In-book reference | : Book 1, Hadith 152 |
| حسن (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 362 |
| In-book reference | : Book 3, Hadith 74 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2628 |
| In-book reference | : Book 10, Hadith 120 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 755 |
| In-book reference | : Book 4, Hadith 183 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2787 |
| In-book reference | : Book 11, Hadith 29 |
| ضَعِيفٌ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2865 |
| In-book reference | : Book 11, Hadith 103 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 617 |
| In-book reference | : Book 7, Hadith 1 |
| English translation | : Vol. 2, Book 2, Hadith 617 |
[Muslim].
In another narration in Muslim: Messenger of Allah (PBUH) said, "One who is senior most in accepting Islam, should lead the Salat (prayer)".
Yet another narration is: Messenger of Allah (PBUH) said, "A man who is well versed in the Book of Allah and can recite it better, should lead the Salat (prayer); if (all those present) are equal in this respect, then the man who is senior most in respect of emigration, if they are equal in that respect too, then the oldest of them should lead the prayer".
[Muslim].
وفي رواية له: "فأقدمهم سلمًا" بدل "سنًا" : أو إسلامًا.
وفي رواية: يؤم القوم أقرؤهم لكتاب الله، وأقدمهم قراءة، فإن كانت قراءتهم فيؤمهم أقدمهم هجرة، فإن كانوا في الهجرة سواء، فليؤمهم أكبرهم سنًا".
| Reference | : Riyad as-Salihin 348 |
| In-book reference | : Introduction, Hadith 348 |