| Reference | : Al-Adab Al-Mufrad 1006 |
| In-book reference | : Book 42, Hadith 43 |
| English translation | : Book 42, Hadith 1006 |
| Reference | : Al-Adab Al-Mufrad 314 |
| In-book reference | : Book 15, Hadith 6 |
| English translation | : Book 15, Hadith 314 |
| Reference | : Al-Adab Al-Mufrad 1104 |
| In-book reference | : Book 44, Hadith 4 |
| English translation | : Book 44, Hadith 1104 |
Narrated Abdullah al-Hawzani:
I met Bilal, the Mu'adhdhin of the Messenger of Allah (saws) at Aleppo, and said: Bilal, tell me, what was the financial position of the Messenger of Allah (saws)?
He said: He had nothing. It was I who managed it on his behalf since the day Allah made him Prophet of Allah (saws) until he died. When a Muslim man came to him and he found him naked, he ordered me (to clothe him). I would go, borrow (some money), and purchase a cloak for him. I would then clothe him and feed him.
A man from the polytheists met me and said: I am well off, Bilal. Do not borrow money from anyone except me. So I did accordingly. One day when I performed ablution and stood up to make call to prayer, the same polytheist came along with a body of merchants.
When he saw me, he said: O Abyssinian. I said: I am at your service. He met me with unpleasant looks and said harsh words to me. He asked me: Do you know how many days remain in the completion of this month? I replied: The time is near. He said: Only four days remain in the completion of this month. I shall then take that which is due from you (i.e. loan), and then shall return you to tend the sheep as you did before. I began to think in my mind what people think in their minds (on such occasions). When I offered the night prayer, the Messenger of Allah (saws) returned to his family. I sought permission from him and he gave me permission.
I said: Messenger of Allah, may my parents be sacrificed for you, the polytheist from whom I used to borrow money said to me such-and-such. Neither you nor I have anything to pay him for me, and he will disgrace me. So give me permission to run away to some of those tribes who have recently embraced Islam until Allah gives His Apostle (saws) something with which he can pay (the debt) for me. So I came out and reached my house. I placed my sword, waterskin (or sheath), shoes and shield near my head. When dawn broke, I intended to be on my way.
All of a sudden I saw a man running towards me and calling: Bilal, return to the Messenger of Allah (saws). So I went till I reached him. I found four mounts kneeling on the ground with loads on them. I sought permission.
The Messenger of Allah (saws) said to me: Be glad, Allah has made arrangements for the payment (of your debt). He then asked: Have you not seen the four mounts kneeling on the ground?
I replied: Yes. He said: You may have these mounts and what they have on them. There are clothes and food on them, presented to me by the ruler of Fadak. Take them away and pay off your debt. I did so.
He then mentioned the rest of the tradition. I then went to the mosque and found that the Messenger of Allah (saws) was sitting there. I greeted him.
He asked: What benefit did you have from your property? I replied: Allah Most High paid everything which was due from the Messenger of Allah (saws). Nothing remains now.
He asked: Did anything remain (from that property)? I said: Yes. He said: Look, if you can give me some comfort from it, for I shall not visit any member of my family until you give me some comfort from it. When the Messenger of Allah (saws) offered the night prayer, he called me and said: What is the position of that which you had with you (i.e. property)?
I said: I still have it, no one came to me. The Messenger of Allah (saws) passed the night in the mosque.
He then narrated the rest of the tradition. Next day when he offered the night prayer, he called me and asked: What is the position of that which you had (i.e. the rest of the property)?
I replied: Allah has given you comfort from it, Messenger of Allah. He said: Allah is Most Great, and praised Allah, fearing lest he should die while it was with him. I then followed him until he came to his wives and greeted each one of them and finally he came to his place where he had to pass the night. This is all for which you asked me.
| Grade: | Sahih in chain (Al-Albani) | صحيح الإسناد (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 3055 |
| In-book reference | : Book 20, Hadith 128 |
| English translation | : Book 19, Hadith 3049 |
| Reference | : Al-Adab Al-Mufrad 1074 |
| In-book reference | : Book 43, Hadith 24 |
| English translation | : Book 43, Hadith 1074 |
| Arabic/English book reference | : Book 14, Hadith 283 |
| Reference | : Al-Adab Al-Mufrad 1144 |
| In-book reference | : Book 46, Hadith 9 |
| English translation | : Book 46, Hadith 1144 |
| Reference | : Al-Adab Al-Mufrad 848 |
| In-book reference | : Book 35, Hadith 7 |
| English translation | : Book 35, Hadith 848 |
| Reference | : Al-Adab Al-Mufrad 849 |
| In-book reference | : Book 35, Hadith 8 |
| English translation | : Book 35, Hadith 849 |
| Reference | : Bulugh al-Maram 84 |
| In-book reference | : Book 1, Hadith 101 |
| English translation | : Book 1, Hadith 90 |
| Reference | : Al-Adab Al-Mufrad 170 |
| In-book reference | : Book 9, Hadith 15 |
| English translation | : Book 9, Hadith 170 |
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 |
| Reference | : Al-Adab Al-Mufrad 46 |
| In-book reference | : Book 1, Hadith 46 |
| English translation | : Book 1, Hadith 46 |
| Reference | : Al-Adab Al-Mufrad 136 |
| In-book reference | : Book 7, Hadith 8 |
| English translation | : Book 7, Hadith 136 |
| Reference | : Al-Adab Al-Mufrad 529 |
| In-book reference | : Book 29, Hadith 39 |
| English translation | : Book 29, Hadith 529 |
| Reference | : Al-Adab Al-Mufrad 1017 |
| In-book reference | : Book 42, Hadith 54 |
| English translation | : Book 42, Hadith 1017 |
| Reference | : Al-Adab Al-Mufrad 509 |
| In-book reference | : Book 29, Hadith 19 |
| English translation | : Book 29, Hadith 509 |
| Reference | : Al-Adab Al-Mufrad 1052 |
| In-book reference | : Book 43, Hadith 2 |
| English translation | : Book 43, Hadith 1052 |
| Reference | : Al-Adab Al-Mufrad 1064 |
| In-book reference | : Book 43, Hadith 14 |
| English translation | : Book 43, Hadith 1064 |
| Reference | : Al-Adab Al-Mufrad 1270 |
| In-book reference | : Book 54, Hadith 12 |
| English translation | : Book 54, Hadith 1270 |
| Reference | : Al-Adab Al-Mufrad 1119 |
| In-book reference | : Book 45, Hadith 3 |
| English translation | : Book 45, Hadith 1119 |
| Reference | : Hisn al-Muslim 168 |
| Reference | : Al-Adab Al-Mufrad 2 |
| In-book reference | : Book 1, Hadith 2 |
| English translation | : Book 1, Hadith 2 |
| Reference | : Bulugh al-Maram 1412 |
| In-book reference | : Book 14, Hadith 16 |
| English translation | : Book 14, Hadith 1412 |
| Sunnah.com reference | : Book 7, Hadith 15 |
| English translation | : Book 7, Hadith 796 |
| Arabic reference | : Book 7, Hadith 793 |
| Reference | : Al-Adab Al-Mufrad 977 |
| In-book reference | : Book 42, Hadith 13 |
| English translation | : Book 42, Hadith 977 |
| Reference | : Al-Adab Al-Mufrad 28 |
| In-book reference | : Book 1, Hadith 28 |
| English translation | : Book 1, Hadith 28 |
| Sunnah.com reference | : Book 12, Hadith 23 |
| English translation | : Book 12, Hadith 1381 |
| Arabic reference | : Book 12, Hadith 1341 |
| Sunnah.com reference | : Book 7, Hadith 101 |
| English translation | : Book 7, Hadith 866 |
| Arabic reference | : Book 7, Hadith 863 |
On the authority of Abu Abdullah Jabir bin Abdullah al-Ansaree (may Allah be pleased with him) that:
| Reference | : Hadith 22, 40 Hadith an-Nawawi |
Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that there was no harm in a man making an advance to another man for food, with a set description and price until a set date, as long as it was not in crops, or dates which had not begun to ripen.
Malik said, "The way of doing things among us concerning someone who makes an advance for foodstuffs at a known rate until a stated date, and the date arrives and he finds that there is not enough of what he was sold with the seller to fulfill his order, and so he revokes the sale, is that he must only take back the silver, gold, or price which he paid exactly. He does not buy anything else from the man for the same price until he has got back what he paid. That is because if he took something else besides the price which he paid him or exchanged it for goods other than the goods which he bought from him, it would be selling food before getting delivery of it."
Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade selling food before getting delivery of it."
Malik said that it was not good if the buyer regretted his purchase and asked the seller to revoke the sale for him and he would not press him immediately for what he had paid. The people of knowledge forbade that. That was because when the food was made ready for the buyer by the seller, the buyer deferred his due from the seller in order that he might revoke the sale for him. That was the sale of food with delayed terms before taking delivery of the food.
Malik said, "The explanation of that is that when the date of delivery comes and the buyer dislikes the food, the seller takes by it money to be paid later and so it is not revocation. Revocation is that in which neither the buyer nor the seller is increased. When increase occurs by deferment of payment for a time period, or by anything which increases one of them over the other or anything which gives one of them profit, it is not revocation. When either of them do that, revocation becomes a sale. There is an indulgence for revocation, partnership, and transfer, as long as i ncrease, decrease, or deferment does not come into them. If increase, decrease, or deferment comes into it, it becomes a sale. Whatever makes a sale halal makes it halal and whatever makes a sale haram makes it haram."
Malik said, "If someone pays in advance for Syrian wheat, there is no harm if he takes a load after the term falls due."
Malik said, "It is the same with whoever advances for any kind of thing. There is no harm in him taking better than whatever he has made an advance for or worse than it after the agreed delivery date. The explanation of that is that if, for instance, a man advances for a certain weight of wheat. There is no harm if he decides to take some barley or Syrian wheat. If he has made an advance for good dates, there is no harm if he decides to take poor quality dates. If he paid in advance for red raisins, there is no harm if he takes black ones, when it happens after the agreed delivery date, and when the measure of what he takes is like the measure of what he paid for in advance."
| USC-MSA web (English) reference | : Book 31, Hadith 49 |
| Arabic reference | : Book 31, Hadith 1342 |
Yahya related to me from Malik that Ishaq ibn Abdullah ibn Abi Talha heard Anas ibn Malik say that Abu Talha had said to Umm Sulaym, "I have just been listening to the Messenger of Allah, may Allah bless him and grant him peace, and his voice was very weak. I recognised hunger in it, so, do you have anything?" She replied, "Yes," and brought out some barley loaves. She took her long head scarf and wrapped up the bread with part of it and put it into my (Anas's) hand and gave me part of it to wear. Then she sent me to the Messenger of Allah, may Allah bless him and grant him peace."
Anas continued, "I took it, and I found the Messenger of Allah, may Allah bless him and grant him peace, sitting in the mosque with some people. I watched them. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Did Abu Talha send you?' I replied, 'Yes.' He said, 'For food?' I said, 'Yes.' The Messenger of Allah, may Allah bless him and grant him peace, said to those with him, 'Let us go.' He set off and I went among them until I came to Abu Talha and told him. Abu Talha said, 'Umm Sulaym! The Messenger of Allah, may Allah bless him and grant him peace, has brought people and we have no food. What shall we give them to eat?' She said, 'Allah and His Messenger know best.' "
Anas continued, "Abu Talha went out and met the Messenger of Allah, may Allah bless him and grant him peace, and the Messenger of Allah, may Allah bless him and grant him peace, approached with Abu Talha until they entered. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Come now, Umm Sulaym, what have you got?' She brought out bread. The Messenger of Allah, may Allah bless him and grant him peace, ordered it to be broken into pieces, and Umm Sulaym squeezed out onto it a container of clarified butter which she had seasoned. Then the Messenger of Allah, may Allah bless him and grant him peace, said whatever Allah wished him to say, and said, 'Will you give permission for ten of them to come in?' He gave them permission, and they ate until they were full and then left. He said, 'Give permission to ten more.' He gave them permission, and they ate until they were full and left. Then he said, 'Give permission to ten more.' He gave them permission and they ate until they were full and left. Then he said, 'Give permission to ten more.' He gave permission and they ate until they were full and left. There were seventy or eighty men."
| USC-MSA web (English) reference | : Book 49, Hadith 19 |
| Arabic reference | : Book 49, Hadith 1692 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 12 |
| In-book reference | : Introduction, Hadith 12 |
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 35 |
| In-book reference | : Book 4, Hadith 4 |
| Grade: | Sahih Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 196 |
| In-book reference | : Book 29, Hadith 1 |
| Reference | : Al-Adab Al-Mufrad 444 |
| In-book reference | : Book 25, Hadith 3 |
| English translation | : Book 25, Hadith 444 |
| Reference | : Al-Adab Al-Mufrad 1019 |
| In-book reference | : Book 42, Hadith 56 |
| English translation | : Book 42, Hadith 1019 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1402 |
| In-book reference | : Book 5, Hadith 600 |
| English translation | : Vol. 1, Book 5, Hadith 1402 |
| Reference | : Al-Adab Al-Mufrad 387 |
| In-book reference | : Book 21, Hadith 3 |
| English translation | : Book 21, Hadith 387 |
| Reference | : Al-Adab Al-Mufrad 1273 |
| In-book reference | : Book 54, Hadith 15 |
| English translation | : Book 54, Hadith 1273 |
| Sunnah.com reference | : Book 55, Hadith 8 |
| Arabic/English book reference | : Book 55, Hadith 1289 |
| Sunnah.com reference | : Book 16, Hadith 26 |
| English translation | : Book 16, Hadith 1505 |
| Arabic reference | : Book 16, Hadith 1462 |
| Grade: | Hasan (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 40 |
| In-book reference | : Book 5, Hadith 4 |
| Grade: | Sahih (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 97 |
| In-book reference | : Book 12, Hadith 3 |
| Reference | : Al-Adab Al-Mufrad 224 |
| In-book reference | : Book 11, Hadith 4 |
| English translation | : Book 11, Hadith 224 |
| Reference | : Al-Adab Al-Mufrad 431 |
| In-book reference | : Book 24, Hadith 13 |
| English translation | : Book 24, Hadith 431 |
| Reference | : Al-Adab Al-Mufrad 1055 |
| In-book reference | : Book 43, Hadith 5 |
| English translation | : Book 43, Hadith 1055 |