35b/45: Chapter
Sunan an-Nasai 3867 — Different Reports About Leasing Land
Mentioning The Differing Hadiths Regarding The Prohibition Of Leasing Out Land In Return For One Third, Or One Quarter Of The Harvest And The Different Wordings Reported By The Narrators
Hadith About Leasing Land: A Reported Difference of Understanding
Sunan an-Nasai : 3867
Sunan an-NasaiHadith Number 3867
أَخْبَرَنَا عَلِيُّ بْنُ حُجْرٍ، قَالَ أَنْبَأَنَا عُبَيْدُ اللَّهِ، - يَعْنِي ابْنَ عَمْرٍو - عَنْ عَبْدِ الْكَرِيمِ، عَنْ مُجَاهِدٍ، قَالَ أَخَذْتُ بِيَدِ طَاوُسٍ حَتَّى أَدْخَلْتُهُ عَلَى ابْنِ رَافِعِ بْنِ خَدِيجٍ فَحَدَّثَهُ عَنْ أَبِيهِ عَنْ رَسُولِ اللَّهِ صلى الله عليه وسلم أَنَّهُ نَهَى عَنْ كِرَاءِ الأَرْضِ. فَأَبَى طَاوُسٌ فَقَالَ سَمِعْتُ ابْنَ عَبَّاسٍ لاَ يَرَى بِذَلِكَ بَأْسًا. وَرَوَاهُ أَبُو عَوَانَةَ عَنْ أَبِي حَصِينٍ عَنْ مُجَاهِدٍ قَالَ قَالَ عَنْ رَافِعٍ مُرْسَلاً.
Mujahid Narrated from:
I took Tawus by the hand and brought him to Ibn Rafi' bin Khadij, and he told him, narrating from his father, that the Messenger of Allah forbade leasing land. Tawus rejected that and said: 'I heard Ibn 'Abbas (say) that he did not see anything wrong with that.'
Reference : Sunan an-Nasa'i 3867In-book reference : Book 35b, Hadith 11English translation : Vol. 4, Book 35, Hadith 3898
Summary of Sunan an-Nasai Hadith 3867
This report records a difference in how leasing land was understood. Mujahid brought Tawus to Ibn Rafi bin Khadij, who narrated from his father that the Messenger of Allah forbade leasing land. Tawus did not accept that conclusion and said he had heard Ibn Abbas see no problem with it. The text therefore presents two reported positions without settling every detail of the contracts involved. It is important not to erase that difference or combine the statements into one simple ruling. For a reader studying the hadith about renting farmland, this narration shows that the transmission and understanding of the issue were discussed among early scholars. The report itself gives the disagreement, but it does not provide a full reconciliation.
What we learn from this hadith
- The report preserves a difference of understanding about leasing land.
- One narration attributes a prohibition of land leasing to the Messenger of Allah.
- Tawus reports that Ibn Abbas did not see a problem with it.
- The text should be presented without pretending that it resolves every contract detail.
