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‏البيوع (The Book of Business Transactions)
CHAPTER: THE LAND IS GRANTED  

No. 3753

Mujahid said to Tiwus: Come along with me to Ibn Rafi b. Khadij in order to listen from him the hadith transmitted on the authority of his father (pertaining to the renting of land) from Allaah's Prophet (sallAllaahu alayhi wa sallam). He (Tawus) scolded him and said: By Allaah, it I were to know that Allaah's Messenger (sallAllaahu alayhi wa sallam) had forbidden it, I would have never done it. But it has been narrated to me by one who has better knowledge of it amongst them (and he meant Ibn 'Abbas) that Allaah's Messenger (sallAllaahu alayhi wa sallam) said: It is better if a person lends, his land to his brother (for cultivation) than that he gets recognised rent on it.

No. 3754

Tawus reported that he let out his land on rent, whereupon Amr said: I said to him: Abu Abd al-Rahrman, I wish if you abandon this renting of land, for they alleged that Allaah's Prophet (sallAllaahu alayhi wa sallam) forbade Mukhabara. He siad: Amr, one who has informed me has the best knowledge of it among them (he meant Ibn Abbas). (He said) that Allaah's Prophet (sallAllaahu alayhi wa sallam) did not prohibit it altogether, but said: Lending of land by one among you to his brother is better for him than getting a specified amount of produce from it.

No. 3755

A hadith like this has been transmitted on the authority of Ibn Abbas (Allaah be pleased with them).

No. 3756

Ibn Abbas (Allaah be pleased with them) reported Allaah's Prophet (sallAllaahu alayhi wa sallam) as saying: If one among you lets out land to his brother, that is better for him than if he receives such and such (the definite thing). Ibn 'Abbis (Allaah be pleased with them) said: It is Haql, and in the parlance of the Ansr it is Muhaqala.

No. 3757

Ibn Abbas (Allaah be pleased with them) reported Allaah's Prophet (sallAllaahu alayhi wa sallam) as saying: He who has land, it is better for him that he should let it out to his brother.




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