Sharecropping
1 Yahya related to me from Malik from Ibn Shihab from Sa'id ibn al-Musayyab
that the Messenger of Allah, may Allah bless him and grant him peace, said to
the Jews of Khaybar on the day that Khaybar was conquered, "I confirm you in it
as long as Allah, the Mighty, the Majestic, establishes you in it provided that
the fruits are divided between you and us."
Sa'id continued, "The Messenger of Allah, may Allah bless him and grant him
peace, used to send 'Abdullah ibn Rawaha to assess the division of the fruit
crop between him and them, and he would say, 'If you wish, you can buy it back,
and if you wish, it is mine.' They would take it."
[mursal]
2 Malik related to me from Ibn Shihab from Sulayman ibn Yasar that the
Messenger of Allah, may Allah bless him and grant him peace, used to send
'Abdullah ibn Rawaha to Khaybar to assess the division of the fruit crop between
him and the Jews of Khaybar.
The Jews collected pieces of their jewelry for 'Abdullah and told him, "This
is yours. Treat us lightly and do not be too exacting in the division!"
'Abdullah ibn Rawaha said, "O tribe of Jews! By Allah, you are the most
hateful to me of Allah's creation, but it does not prompt me to deal unjustly
with you. What you have offered me as a bribe is forbidden. We will not touch
it." They said, "This is what supports the heavens and the earth."
Malik said, "If a sharecropper waters the palms and between them there is
some uncultivated land, whatever he cultivates in the uncultivated land is his."
Malik said, "If the owner of the land makes a condition that he will
cultivate the uncultivated land for himself, that is not good because the
sharecropper does the watering for the owner of the land and so he increases the
property of the landowner (without any return for himself)."
Malik said, "If the owner stipulates that the fruit crop is to be shared
between them, there is no harm in that if all the maintenance of the property -
seeding, watering and care etc. - are the concern of the sharecropper.
If the sharecropper stipulates that the seeds are the responsibility of the
owner of the property, that is not permitted because he has stipulated an outlay
against the owner of the property. Sharecropping is contracted on the basis that
all the care and expense is outlayed by the sharecropper, and the owner of the
property is not obliged to do anything. This is the accepted method of
sharecropping."
Malik spoke about a spring which was shared between two men, and then the
water dried up and one of them wanted to work on the spring and the other said,
"I do not have the means to work on it." He said, "Tell the one who wants to
work on the spring, 'Work and expend. All the water will be yours. You will have
its water until your companion brings you half of what you have spent. If he
brings you half of what you have spent, he can take his share of the water.' The
first one is given all the water because he has spent out on it, and if he does
not achieve anything by his work, the other has not incurred any expense."
Malik said, "It is not good for a sharecropper to only expend his labour and
to be hired for a share of the fruit while all the expense and work is incurred
by the owner of the garden because the sharecropper does not know what the exact
wage is going to be for his labour, whether it will be little or great."
Malik said, "No one who lends a qirad or grants a sharecropping
contract should except some of the wealth or some of the trees from his agent
because by that the agent becomes his hired man. He says, 'I will grant you a
sharecrop provided that you work for me on such-and-such a palm - water and tend
it. I will give you a qirad for so-much money provided that you work for
me for ten dinars. They are not part of the qirad which I have given
you.' That must not be done. It is not good. This is how things are done in our
community."
Malik said, "The sunna of what is permitted to an owner of a garden in
sharecropping is that he can stipulate to the sharecropper the maintenance of
walls, cleaning the spring, sweeping the irrigation canals, pollinating the
palms, pruning branches, harvesting the fruit and such things, provided that the
sharecropper has a share of the fruit fixed by mutual agreement. However, the
owner cannot stipulate the beginning of new work which the agent will start -
digging a well, raising the source of a well, instigating new planting, or
building a cistern whose cost is great. That is as if the owner of the garden
were to say to a certain man, 'Build me a house here or dig me a well or make a
spring full for me or do some work for me for half the fruit of this garden of
mine' before the garden is sound and it is halal to sell it. This is the
sale of fruit before its good condition is clear. The Messenger of Allah, may
Allah bless him and grant him peace, forbade fruit to be sold before it was
clear that it was in good condition."
Malik continued, "If the fruits are good and their good condition is clear
and selling them is halal, and then the owner asks a man to do such a job
for him, specifying the job, for half the fruit of his garden, for example,
there is no harm in that. He has hired the man for something recognised and
known. The man has seen it and it satisfied with it.
"As for sharecropping, if the garden has no fruit or little or bad fruit, he
has only that. The labourer is only hired for a set amount, and hire is only
permitted on these terms. Hire is a type of sale. One man buys another man's
work from him. It is not good if uncertainty enters into it because the
Messenger of Allah, may Allah bless him and grant him peace, forbade uncertain
transactions."
Malik said, "The sunna in sharecropping with us is that it can be
practised with any kind of fruit tree, palm, vine, olive tree, pomegranate,
peach, and so on. It is permitted, and there is no harm in it, provided that the
owner of the property has a share of the fruit: a half or a third or a quarter
or whatever."
Malik said, "Sharecropping is also permitted in any crop which emerges from
the earth if it is a crop which emerges from the earth if it is a crop which is
picked and its owner cannot water, work on it and tend it.
"Sharecropping becomes reprehensible in anything in which sharecropping is
normally permitted if the fruit is sound and its good condition is clear and it
is halal to sell it. He must sharecrop in it the next year. If a man
waters fruit whose condition is clear and it is halal to sell it, and he
picks it for the owner for a share of the crop - it is not sharecropping. It is
similar to him being paid in dirhams and dinars. Sharecropping is what is
between pruning the palms and when the fruit becomes sound and its sale is
halal."
Malik said, "If someone makes a sharecropping contract with fruit trees
before the condition becomes clear and its sale is halal, it is
sharecropping and is psharecropping contract with fruit trees before the
condition of the fruit becomes clear and its sale is halal, it is
sharecropping and is permitted."
Malik said, "Uncultivated land must not be involved in a sharecropping
contract. That is because it is halal for the owner to rent it for dinars
and dirhams or the equivalent for an accepted price."
Malik said, "As for a man who gives his uncultivated earth for a third or a
fourth of what comes out of it, that is an uncertain transaction because crops
may be scant one time and plentiful another time. It may perish completely and
the owner of the land will have abandoned a set rent which would have been good
for him to rent the land for. He takes an uncertain situation and does not know
whether or not it will be satisfactory. This is disapproved. It is like a man
having someone travel for him for a set amount and then saying, 'Shall I give
you a tenth of the profit of the journey as your wage?' This is not halal
and must not be done."
Malik summed up, "A man must not hire out himself or his land or his ship
unless it is for set amount."
Malik said, "A distinction is made between sharecropping in palms and in
cultivated land because the owner of the palms cannot sell the fruit until its
good condition is clear. The owner of the land can rent it when it is
uncultivated with nothing on it."
Malik said, "What is done in our community about palms is that they can also
be sharecropped for three and four years, and less or more than that."
Malik said, "That is what I have heard. Any fruit trees like that are in the
position of palms. Contracts for several years are permissible for the
sharecropper as they are permissible in the palms."
Malik said about the owner, "He does not take anything additional from the
sharecropper in the way of gold or silver or crops which increase. That is not
good. The sharecropper also must not take from the owner of the garden anything
additional which will increase him in gold, silver, crops or anything. Increase
beyond what is stipulated in the contract is not good. It is also not good for
the lender of a qirad to be in this position. If such an increase does enter
sharecropping or qirad, it becomes by it hire. It is not good when hire is
involved. Hire must never occur in a situation which has uncertainty in it."
Malik spoke about a man who gave land to another man in a sharecropping
contract on some of which there were palms, vines, or other such fruit trees
growing, and some of which was uncultivated. He said, "If the uncultivated land
is secondary to the fruit trees, either in importance or in size of land, there
is no harm in sharecropping. That is if the palms take up two-thirds of the land
or more and the uncultivated land is a third or less. This is because when the
land given over to fruit trees is secondary to the uncultivated land and the
cultivated land in which the palms, vines, or the like is a third or less, and
the uncultivated land is two-thirds or more, it is permitted to rent out that
land and sharecropping in it is haram.
"One of the common practices of people is to enter into sharecropping
contracts on property with fruit trees which has uncultivated land attached to
it, and to rent land which has fruit trees on it, just as a Qur'an or a sword
which has some silver embellishment on it is sold for silver, or a necklace or
ring which have stones and gold in them are sold for dinars. These sales
continue to be permitted. People buy and sell by them. No specific has been
described or instituted about such things which, if exceeded, makes them
haram, and, if fallen below makes them halal. What is done in our
community about them is what people have always practised and permitted among
themselves. That is, if the gold or silver is secondary to what it is
incorporated in, it is permitted to sell it. For instance, if the value of the
blade, the Qur'an, or the stones is two-thirds or more, and the value of the
decoration is. For instance, if the value of the blade, the Qur'an, or the
stones is two-thirds or more, and the value of the decoration is one-third or
less."
33.2 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."
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