The Prophet made a deal with the people of Khaibar that they would have half the fruits and vegetation of the land they cultivated.

"Save yourself from Hell-fire even by giving half a date-fruit in charity."

Ibn Umar (Allah be pleased with them) reported that Allah's Messenger (may peace be upon him) contracted with the people of Khaibar the (trees) on the condition that he would have half the produce in fruits and harvest.

Yahya related to me from Malik from Ibn Shihab that the Messenger of Allah, may Allah bless him and grant him peace, said, "Two deens shall not co-exist in the Arabian Peninsula."

Malik said that Ibn Shihab said, ''Umar ibn al-Khattab searched for information about that until he was absolutely convinced that the Messenger of Allah, may Allah bless him and grant him peace, had said, 'Two deens shall not co-exist in the Arabian Peninsula,' and he therefore expelled the jews from Khaybar."

Malik said, ''Umar ibn al-Khattab expelled the jews from Najran (a jewish settlement in the Yemen) and Fadak (a jewish settlement thirty miles from Madina). When the jews of Khaybar left, they did not take any fruit or land. The jews of Fadak took half the fruit and half the land, because the Messenger of Allah, may Allah bless him and grant him peace, had made a settlement with them for that. So Umar entrusted to them the value in gold, silver, camels, ropes and saddle bags of half the fruit and half the land, and handed the value over to them and expelled them."

The Prophet concluded a contract with the people of Khaibar to utilize the land on the condition that half the products of fruits or vegetation would be their share. The Prophet used to give his wives one hundred Wasqs each, eighty Wasqs of dates and twenty Wasqs of barley. (When `Umar became the Caliph) he gave the wives of the Prophet the option of either having the land and water as their shares, or carrying on the previous practice. Some of them chose the land and some chose the Wasqs, and `Aisha chose the land.

The Prophet mentioned the (Hell) Fire and sought refuge (with Allah) from it, and turned his face to the other side. He mentioned the (Hell) Fire again and took refuge (with Allah) from it and turned his face to the other side. (Shu`ba, the sub-narrator, said, "I have no doubt that the Prophet repeated it twice.") The Prophet then said, "(O people!) Save yourselves from the (Hell) Fire even if with one half of a date fruit (given in charity), and if this is not available, then (save yourselves) by saying a good pleasant friendly word."

`Umar expelled the Jews and the Christians from Hijaz. When Allah's Apostle had conquered Khaibar, he wanted to expel the Jews from it as its land became the property of Allah, His Apostle, and the Muslims. Allah's Apostle intended to expel the Jews but they requested him to let them stay there on the condition that they would do the labor and get half of the fruits. Allah's Apostle told them, "We will let you stay on thus condition, as long as we wish." So, they (i.e. Jews) kept on living there until `Umar forced them to go towards Taima' and Ariha'.

`Umar bin Al-Khattab expelled all the Jews and Christians from the land of Hijaz. Allah's Apostle after conquering Khaibar, thought of expelling the Jews from the land which, after he conquered it belonged to Allah, Allah's Apostle and the Muslims. But the Jews requested Allah's Apostle to leave them there on the condition that they would do the labor and get half of the fruits (the land would yield). Allah's Apostle said, "We shall keep you on these terms as long as we wish." Thus they stayed till the time of `Umar's Caliphate when he expelled them to Taima and Ariha.

Narrated Salim bin 'Abdullah from Ibn Umar: Allah's Apostle said, "Do not sell or buy fruits before their benefit was evident and do not sell fresh fruits (dates) for dried dates."

The Prophet forbade Muzabana; and Muzabana is the selling of fresh fruit (without measuring it) for something by measure on the basis that if that thing turns to be more than the fruit, the increase would be for the seller of the fruit, and if it turns to be less, that would be of his lot. Narrated Ibn `Umar from Zaid bin Thabit that the Prophet allowed the selling of the fruits on the trees after estimation (when they are ripe).

The Prophet came to Medina and the people used to pay in advance the prices of fruits to be delivered within two to three years. The Prophet said (to them), "Buy fruits by paying their prices in advance on condition that the fruits are to be delivered to you according to a fixed specified measure within a fixed specified period." Ibn Najih said, " ... by specified measure and specified weight."

The Prophet said, "Whoever pollinates date palms and then sells them, the fruits will belong to him unless the buyer stipulates that the fruits should belong to him (and the seller agrees).

Allah's Apostle forbade the sale of Muzabana, i.e. selling of fruits for fruits, except in the case of 'Araya; he allowed the owners of 'Araya such kind of sale.

The Prophet forbade the sales called Al-Mukhabara, Al-Muhaqala and Al-Muzabana and the selling of fruits till they are free from blights. He forbade the selling of the fruits except for money, except the 'Araya.

We were with Allah's Apostle picking the fruits of the 'Arak trees, and Allah's Apostle said, "Pick the black fruit, for it is the best." The companions asked, "Were you a shepherd?" He replied, "There was no prophet who was not a shepherd."

My father was martyred on the day (of the battle) of Uhud and his creditors demanded the debt back in a harsh manner. So I went to Allah's Apostle and informed him of that, he asked them to accept the fruits of my garden and excuse my father, but they refused. So, Allah's Apostle did not give them the fruits, nor did he cut them and distribute them among them, but said, "I will come to you tomorrow morning." So, he came to us the next morning and walked about in between the date-palms and invoked Allah to bless their fruits. I plucked the fruits and gave back all the rights of the creditors in full, and a lot of fruits were left for us. Then I went to Allah's Apostle, who was sitting, and informed him about what happened. Allah's Apostle told `Umar, who was sitting there, to listen to the story. `Umar said, "Don't we know that you are Allah's Apostle? By Allah! you are Allah's Apostle!"

Anas bin Malik said, "When the emigrants came Medina, they had nothing whereas the Ansar had land and property. The Ansar gave them their land on condition that the emigrants would give them half the yearly yield and work on the land and provide the necessaries for cultivation." His (i.e. Anas's mother who was also the mother of `Abdullah bin Abu Talha, gave some date-palms to Allah' Apostle who gave them to his freed slave-girl (Um Aiman) who was also the mother of Usama bin Zaid. When the Prophet finished from the fighting against the people of Khaibar and returned to Medina, the emigrants returned to the Ansar the fruit gifts which the Ansar had given them. The Prophet also returned to Anas's mother the date-palms. Allah's Apostle gave Um Aiman other trees from his garden in lieu of the old gift.

Allah's Apostle forbade the selling of fruits (fresh dates) for dried dates but allowed the sale of fruits on the 'Araya by estimation and their new owners might eat their dates fresh. Sufyan (in another narration) said, "I told Yahya (a sub-narrator) when I was a mere boy, 'Meccans say that the Prophet allowed them the sale of the fruits on 'Araya by estimation.' Yahya asked, 'How do the Meccans know about it?' I replied, 'They narrated it (from the Prophet ) through Jabir.' On that, Yahya kept quiet." Sufyan said, "I meant that Jabir belonged to Medina." Sufyan was asked whether in Jabir's narration there was any prohibition of selling fruits before their benefit is evident (i.e. no dangers of being spoilt or blighted). He replied that there was none.

Allah's Apostle forbade the sale of fruits till they are almost ripe. He was asked what is meant by 'are almost ripe.' He replied, "Till they become red." Allah's Apostle further said, "If Allah spoiled the fruits, what right would one have to take the money of one's brother (i.e. other people)?"

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."

Allah's Apostle said, "Do not sell fruits of dates until they become free from all the dangers of being spoilt or blighted; and do not sell fresh dates for dry dates." Narrated Salim and `Abdullah from Zaid bin Habit' "Later on Allah's Apostle permitted the selling of ripe fruits on trees for fresh dates or dried dates in Bai'-al-'Araya, and did not allow it for any other kind of sale."

The Prophet had forbidden the sale of fruits till they were ripe (free from blight).

Allah's Apostle al lowed the owner of 'Araya to sell the fruits on the trees by means of estimation.

The Prophet forbade the s of (date) fruits till they were red or yellow and fit for eating.

When my father died he owed a Jew thirty Awsuq (of dates). I requested him to give me respite for repaying but he refused. I requested Allah's Apostle to intercede with the Jew. Allah's Apostle went to the Jew and asked him to accept the fruits of my trees in place of the debt but the Jew refused. Allah's Apostle entered the garden of the date-palms, wandering among the trees and ordered me (saying), "Pluck (the fruits) and give him his due." So, I plucked the fruits for him after the departure of Allah's Apostle and gave his thirty Awsuq, and still had seventeen Awsuq extra for myself. Jabir said: I went to Allah's Apostle to inform of what had happened, but found him praying the `Asr prayer. After the prayer I told him about the extra fruits which remained. Allah's Apostle told me to inform (`Umar) Ibn Al-Khattab about it. When I went to `Umar and told him about it, `Umar said, "When Allah's Apostle walked in your garden, I was sure that Allah would definitely bless it."

Abdullah (b. Umar) (Allah be pleased with them) reported Allah's Messenger (may peace be upon him) having forbidden Mazabana, and it implies that one should sell the fresh fruits of his orchard (for dry fruits) or, if it is fresh dates, for dry dates with a measure, or if it is grapes for raisins or if it is corn in the field for dry corn with a measure He (the Holy Prophet) in fact forbade all such transactions. Qutaiba has narrated it with a slight variation of words.

That `Abdullah bin Abi Hadrad Al-Aslami owed him some debt. Ka`b met him and caught hold of him and they started talking and their voices grew loudest. The Prophet passed by them and addressed Ka`b, pointing out to him to reduce the debt to one half. So, Ka`b got one half of the debt and exempted the debtor from the other half.

Whenever Allah's Apostle saw the rain, he used to say, "O Allah! Let it be a strong fruitful rain."

`Abdullah bin Abu Hadrad Al-Aslami owed Ka`b bin Malik some money. One day the latter met the former and demanded his right, and their voices grew very loud. The Prophet passed by them and said, "O Ka`b," beckoning with his hand as if intending to say, "Deduct half the debts." So, Ka`b took half what the other owed him and remitted the other half.

Mu`adh bin Jabal gave this verdict for us in the lifetime of Allah's Apostle. One-half of the inheritance is to be given to the daughter and the other half to the sister. Sulaiman said: Mu`adh gave a verdict for us, but he did not mention that it was so in the lifetime of Allah's Apostle.