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Umar (RA)’s Policy Regarding Conquered Lands (Hadith No. 2024)

Bismillah.

Ahadith 2017 – 2022 (below) are related to ‘sharecropping’, which has been discussed in this post already.

Volume 3, Book 39, Number 520 :
Narrated by Rafi’ bin Khadij (radiallaahu `anhu)
We worked on farms more than anybody else in Medina. We used to rent the land at the yield of specific delimited portion of it to be given to the landlord. Sometimes the vegetation of that portion was affected by blights etc., while the rest remained safe and vice versa, so the Prophet (sallallaahu `alayhi wasallam) forbade this practice. At that time gold or silver were not used (for renting the land). If they provided the seeds, they would get so-and-so much.

Volume 3, Book 39, Number 521 :
Narrated by ‘Abdullah bin ‘Umar (radiallaahu `anhu)
The Prophet (sallallaahu `alayhi wasallam) 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 (sallallaahu `alayhi wasallam) used to give his wives one hundred Wasqs each, eighty Wasqs of dates and twenty Wasqs of barley. (When ‘Umar (radiallaahu `anhu) became the Caliph) he gave the wives of the Prophet (sallallaahu `alayhi wasallam) 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 (radiallaahu `anhaa) chose the land.

Volume 3, Book 39, Number 522 :
Narrated by Ibn ‘Umar (radiallaahu `anhu)
The Prophet (sallallaahu `alayhi wasallam) made a deal with the people of Khaibar that they would have half the fruits and vegetation of the land they cultivated.

Volume 3, Book 39, Number 523 :
Narrated by ‘Amr 
I said to Tawus, “I wish you would give up Mukhabara (Share-cropping), for the people say that the Prophet forbade it.” On that Tawus replied, “O ‘Amr! I give the land to share-croppers and help them. No doubt; the most learned man, namely Ibn ‘Abbas (radiallaahu `anhu) told me that the Prophet (sallallaahu `alayhi wasallam) had not forbidden it but said, ‘It is more beneficial for one to give his land free to one’s brother than to charge him a fixed rental.”

Volume 3, Book 39, Number 524 :
Narrated by Ibn ‘Umar (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) gave the land of Khaibar to the Jew’s on the condition that they work on it and cultivate it, and be given half of its yield.

Volume 3, Book 39, Number 525 :
Narrated by Rafi (radiallaahu `anhu)
We worked on farms more than anybody else in Medina. We used to rent the land and say to the owner, “The yield of this portion is for us and the yield of that portion is for you (as the rent).” One of those portions might yield something and the other might not. So, the Prophet (sallallaahu `alayhi wasallam) forbade us to do so.

Hadith no. 2023 (below) is a repeat. Read it here.

Volume 3, Book 39, Number 526 :
Narrated by ‘Abdullah bin ‘Umar (radiallaahu `anhu)
The Prophet (sallallaahu `alayhi wasallam) said, “While three men were walking, It started raining and they took shelter (refuge) in a cave in a mountain. A big rock rolled down from the mountain and closed the mouth of the cave. They said to each other, “Think of good deeds which you did for Allah’s sake only, and invoke Allah by giving reference to those deeds so that He may remove this rock from you.” One of them said, ‘O Allah! I had old parents and small children and I used to graze the sheep for them. On my return to them in the evening, I used to milk (the sheep) and start providing my parents first of all before my children. One day I was delayed and came late at night and found my parents sleeping. I milked (the sheep) as usual and stood by their heads. I hated to wake them up and disliked to give milk to my children before them, although my children were weeping (because of hunger) at my feet till the day dawned. O Allah! If I did this for Your sake only, kindly remove the rock so that we could see the sky through it.’ So, Allah removed the rock a little and they saw the sky. The second man said, ‘O Allah! I was in love with a cousin of mine like the deepest love a man may have for a woman. I wanted to outrage her chastity but she refused unless I gave her one hundred Dinars. So, I struggled to collect that amount. And when I sat between her legs, she said, ‘O Allah’s slave! Be afraid of Allah and do not deflower me except rightfully (by marriage).’ So, I got up. O Allah! If I did it for Your sake only, please remove the rock.’ The rock shifted a little more. Then the third man said, ‘O Allah! I employed a laborer for a Faraq of rice and when he finished his job and demanded his right, I presented it to him, but he refused to take it. So, I sowed the rice many time till I gathered cows and their shepherd (from the yield). (Then after some time) He came and said to me, ‘Fear Allah (and give me my right).” I said, ‘Go and take those cows and the shepherd.’ He said, ‘Be afraid of Allah! Don’t mock at me.’ I said, ‘I am not mocking at you. Take (all that).’ So, he took all that. O Allah! If I did that for Your sake only, please remove the rest of the rock.’ So, Allah removed the rock.”

Today’s Hadith:

Volume 3, Book 39, Number 527 :
Narrated by Zaid bin Aslam from his father
Umar (radiallaahu `anhu) said, “Were it not for the future Muslim generations, I would have distributed the land of the villages I conquer among the soldiers as the Prophet (sallallaahu `alayhi wasallam) distributed the land of Khaibar.”

Umar (RA) did not divide the conquered lands among the soldiers of the successful army, even though he would’ve liked to do so. Sayyid Ali Asghar Razwy says in his book “A Restatement of the History of Islam and Muslims”:

Since he wanted the Arabs to be a purely fighting and ruling class, he did not allow them to buy land and to settle down or to become farmers in the conquered territories.

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Sharecropping (Hadith No. 1980)

Bismillah.

Volume 3, Book 36, Number 485 :
Narrated by Abdullah bin Umar (radiallaahu `anhu)
“Allah’s Apostle (sallallaahu `alayhi wasallam) gave the land of Khaibar to the Jews to work on and cultivate and take half of its yield. Ibn ‘Umar (radiallaahu `anhu) added, “The land used to be rented for a certain portion (of its yield).” Nafi mentioned the amount of the portion but I forgot it. Rafi’ bin Khadij (radiallaahu `anhu) said, “The Prophet (sallallaahu `alayhi wasallam) forbade renting farms.” Narrated ‘Ubaid-Ullah Nafi’ said: Ibn ‘Umar (radiallaahu `anhu) said: (The contract of Khaibar continued) till ‘Umar (radiallaahu `anhu) evacuated the Jews (from Khaibar).

Sharecropping is a system of agriculture in which a landowner allows a tenant to use the land in return for a share of the crops produced on the land.

There is no harm in renting land for a permissible work, like farming or planting or for building and so on.

Imam Ibn Mundhir (may Allah be pleased with him) said in the book of al-Ijma’:

‘They agreed that renting a land in return of gold and silver for a limited period of time is permissible’.

However, Tawuss and Hassan said that this is disliked.

However, if the land is agricultural, and good for farming, planting or building then the benefit (profit) has to be defined.

Al-Nawawi (may Allah have mercy on him) stated in Al-Minhaj:

‘If the land is good for farming, planting and building, then the profit has to be defined beforehand.  It is enough in principle to define the farming by what is planted in it.  If it is stated that one can benefit from it by whatever means he wishes, it is correct. It is the same if it is said: ‘If you wish you farm it or you plant it’, this is correct as well.

There is no harm in renting land for something precise, like money, gold or silver.  The evidence is in the authentic Hadith that Handhala bin Qays asked Rafi’ bin Khadij about renting land.  He replied: ‘The Prophet (Sallallahu Alaihi wa Sallam) forbade us to rent land.  He said, I asked: ‘Is it forbidden to rent it for gold and silver?  He replied: ‘he forbade to rent it for what comes out of it as crops/production; it is permissible to rent it for gold and silver’.

The juristic reasoning by analogy to gold and silver is all what is definite even the food, be it similar to what is produced from it or not.

[Taken from IslamWeb]

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