35b/44: Chapter
Sunan an-Nasai 3860 — Clear Lease Conditions and Added Payment
The Third Of The Conditions, In It Is Sharecropping (Muzara'ah) And Contracting
Hadith About Lease Conditions: Agreeing on Extra Payment Clearly
Sunan an-Nasai : 3860
Sunan an-NasaiHadith Number 3860
أَخْبَرَنَا مُحَمَّدٌ، قَالَ حَدَّثَنَا حِبَّانُ، قَالَ أَنْبَأَنَا عَبْدُ اللَّهِ، عَنْ مَعْمَرٍ، عَنْ حَمَّادٍ، وَقَتَادَةَ، فِي رَجُلٍ قَالَ لِرَجُلٍ أَسْتَكْرِي مِنْكَ إِلَى مَكَّةَ بِكَذَا وَكَذَا فَإِنْ سِرْتُ شَهْرًا أَوْ كَذَا وَكَذَا شَيْئًا سَمَّاهُ فَلَكَ زِيَادَةُ كَذَا وَكَذَا فَلَمْ يَرَيَا بِهِ بَأْسًا وَكَرِهَا أَنْ يَقُولَ أَسْتَكْرِي مِنْكَ بِكَذَا وَكَذَا فَإِنْ سِرْتُ أَكْثَرَ مِنْ شَهْرٍ نَقَصْتُ مِنْ كِرَائِكَ كَذَا وَكَذَا.
Hammad and Qatadah Narrated from:
It was narrated from Hammad and Qatadah, concerning a man who said to another man: "I will lease (something) from you until I reach Makkah for such and such a payment, and if I travel for a month or such and such -something that he named- I will give you such and such in addition." They did not see anything wrong with that, but they did not like it if he said: "If I travel for more than a month I will deduct such and such from your lease."
Reference : Sunan an-Nasa'i 3860In-book reference : Book 35b, Hadith 4English translation : Vol. 4, Book 35, Hadith 3891
Summary of Sunan an-Nasai Hadith 3860
This report focuses on lease conditions and clear payment terms. A man proposes renting something for a journey to Makkah at a set price. He also names a travel period and agrees to pay an additional amount if that period applies. Hammad and Qatadah did not see a problem with this arrangement. However, they disliked a different condition in which the renter would reduce the agreed lease payment if the journey took more than a month. The main point is that the payment structure should be stated clearly when the lease is made. This hadith report about leasing also shows a difference between adding a known amount under an agreed condition and cutting the owner’s payment later because the trip lasted longer.
What we learn from this hadith
- State the basic lease price and any added payment clearly at the time of agreement.
- A named extra payment linked to a stated travel period was not considered objectionable in this report.
- Hammad and Qatadah disliked reducing the agreed rent because the journey exceeded the named period.
- Clear conditions help both sides understand what payment is due.
