The Condition about Slaves in Sharecropping

3 Yahya said that Malik said, " The best of what has been heard about a sharecropper stipulating on the owner of the property the inclusion of some slave workers is that there is no harm in it if they are workers that are attached to the property. They are like the property. There is no profit in them for the sharecropper except to lighten some of his burden. If they did not come with the property, his toil would be harder. It is like sharecropping land with a spring or a watering-trough. You will not find anyone who receives the same share for sharecropping two lands which are equal in property and yield when one property has a constant plentiful spring and the other has a watering-trough, because of the ease of working land with a spring and the hardship of working land with a watering-trough."

Malik added, " This is what is done in our community."

Malik said, " A sharecropper cannot employ workers from the property in other work, and he cannot make a stipulation with the contract holder. Nor is it permitted for the sharecropper to stipulate on the owner of the property inclusion of slaves for use in the garden who are not attached to it when he makes the sharecropping contract.

" Nor must the owner of the property stipulate to the sharecropper that the owner can take any particular slave attached to the property and remove him from the property. The sharecropping of property is based on the state which it is currently in.

" If the owner of the property wants to remove one of the slaves of the property, he removes him before the sharecropping, or if he wants to put someone into the property he does it before the sharecropping. Then he grants the sharecropping contract after that if wishes. If any of the slaves die or go off or become ill, the owner of the property must replace them."

Renting Land

Renting Land

1 Yahya related to me from Malik from Rabi'a ibn 'Abd ar-Rahman from Hanzala ibn Qays az-Zuraqi from Rafi' ibn Khadij that the Messenger of Allah, may Allah bless him and grant him peace, forbade renting out fields.

[In Muslim]

Hanzala said, " I asked Rafi' ibn Khadij about paying rent in gold and silver and he said, " There is no harm in it."

2 Malik related to me that Ibn Shihab said, " I asked Sa'id ibn al-Musayyab about renting land for gold or silver and he said, 'There is no harm in it.' "

3 Malik related to me from Ibn Shihab that he asked Salim ibn 'Abdullah ibn 'Umar about renting out fields. He said, " There is no harm if it is done with gold or silver." Ibn Shihab said, " I said to him, 'What do you think of the hadith which is mentioned from Rafi' ibn Khadij? ' He replied, 'Rafi' has exaggerated. If I had a field, I would rent it out.' "

4 Malik related to me that he had heard that 'Abd ar-Rahman ibn 'Awf rented some land which he remained on until he died. His son said, " I thought that it belonged to us because of the length of time which it had been in his hands until he mentioned it to us at his death. He ordered us to pay some rent which he owed in gold or silver."

5 Malik related to me from Hisham ibn 'Urwa that his father used to rent out his land for gold and silver.

Malik was asked about a man who rented out his field for one hundred sa's of dates or part of its produce of wheat or from produce from another source. He disapproved of that.

Pre-emption in Property

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