عربي
Home


Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No.(80): "Ruling on Leasing Lands with Fruitful Trees before the Fruit Ripens"

Date Added : 02-11-2015

 

Resolution No.(80) by the Board of Iftaa`, Research and Islamic Studies:

 "Ruling on Leasing Lands  with Fruitful Trees before the Fruit  Ripens"

Date: 17/2/1425 AH, corresponding to 7/4/2004 AD.

 

Question:

What is the ruling on renting lands, cultivated with fruitful trees of unripe yield, for over a year and in return for a certain cash amount?

Answer:

All success is due to Allah.

After study, research, and deliberation, the Board drew a distinction between two types of lands:

The First type: Uncultivated lands, and these take the ruling of Muzaaraa`h (Sharecropping or cropping partnership contract) which is permissible according to the following Muslim scholars - although they have disagreed on some of the details: Ahmad, Malik, Al-Awzai, Is-haak, Mohammad, Ibn Abi Lailah, Al-Zahiryah, Tawoos, Al-Sho`bi, Ibn Sirene, and Al-Qaasim Bin Mohammad.

This transaction is considered lawful based on the Hadith in which Ibn Umar (Allah be pleased with them) reported that: "Allah's Messenger (PBUH) contracted with the people of Khaibar the (trees) on the condition that he would have half the produce in fruits and harvest.” [Bukhari].

Al-Imam An-Nawawi said: "The above Hadith indicates that Muzaaraa`h is permissible as it has been practiced by Muslims in all countries and in all times. It was permitted in Khaibar because it was intended as Musaaqaah (share tenancy or the partnership in the yield of trees). Amongst the rules of Muzaaraa`h are: determining a time span such as a year or more and determining a share from the overall yield such as half or third each."

It is also permissible to rent such lands against a fixed amount of gold or silver or cash as reported in the Hadiths (Prophetic traditions) pertaining to this issue such as those narrated on the authority of both Bukhari and Muslim.

For example, it was narrated that Hanzalah Bin Qais said: "I asked Rafi`Bin Khadij about leasing land. He said: “The Messenger of Allah (PBUH) forbade leasing land. I said: “For gold or silver? He said: No, rather he forbade leasing it in return for what the land produces. As for gold and silver, there is nothing wrong with that.slim). Although renting is permissible, Muzaaraa`h is better as stated by some scholars: “ Muzaaraa`h is better because it is more justful."

The second type: Lands with trees, and this type takes the ruling of Musaaqaa`h (Share tenancy or the partnership in the yield of trees). [Al-Ahkaam Magazine/pp.1441]. Amongst the evidences that Musaaqaa`h is lawful as mentioned in the above Hadith reported by Ibn Omar. It is also considered permissible according to the following scholars: Ahmad, Al-Shafi`e, Al-Awza`I, Abu Thawr, Abu Yousef, and Mohammad Bin Abi Laylah.

One of the rules in this type of transaction is that it is a condition that the share of each party from the overall yield of the land must be determined, a half or third each.

Therefore, it is impermissible to determine the share of the contracting parties according to the yield of a certain portion of trees. It is also impermissible to rent such lands in return for cash regardless of the time span, whether before or after the fruits had become sound or ripe. 

As regards selling the fruit, it is impermissible to do so unless it was sound or rosy since the Prophet (PBUH) forbade selling fruits before showing signs that they are sound and ripe. It was narrated that he (PBUH) forbade selling the produce several years in advance. Yahya related from Malik from Humayd At-Tawil from Anas Ibn Malik that the Messenger of Allah, may Allah bless him and grant him peace, forbade selling fruit until it had become mellow. He was asked: "Messenger of Allah! What do you mean by become mellow?" He said: "When it becomes rosy." The Messenger of Allah (PBUH) added: "Allah may prevent the fruit from maturing, so how can you take payment from your brother for it." [Moslim]. Maturing mean the soundness of the fruit; therefore, it is impermissible to rent fruitful trees for their fruit (the trees are owned by the leasee) whereas, it is permissible to sell the fruit after it had ripened. And Allah Knows Best.

The Board of Iftaa`
Chairman of the Iftaa` Board, Chief Justice, Izzaldeen At-Tamimi
Dr. Nooh Al-Qhodat
Dr. Mohammad Abu Yahia
Dr. Abdulkareem Khasawneh
Dr. Wasif Al-Bakhri
Sheikh Naei`m Mujahid
Sheikh Sae`id Hijjawi

Decision Number [ Previous | Next ]


Summarized Fatawaa

What is the ruling on wiping the front of the head beneath the ḥijāb, and is it permissible to wipe over the ḥijāb if it was put on while in a state of purification (wudu`)?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is permissible to wipe the front portion of the head (nāṣiyah) with the fingertips. It is likewise sufficient to place a wet hand over a head covering (ḥijāb), provided the moisture actually reaches the hair beneath it — if it does not, it does not suffice. A head covering is not treated in the same manner as leather socks (khuff) and may not be wiped over in lieu of the head itself.
Imām al-Nawawī, may Allah have mercy upon him, states in al-Majmūʿ (Vol.1/P.407): "If a person is wearing a turban and does not wish to remove it — whether for a valid reason or otherwise — he should wipe the entire front portion of the head... The same ruling applies to whatever a woman wears on her head. If, however, he confines himself to wiping over the turban without wiping any part of the head itself, this does not suffice — and there is no disagreement among us on this point." He further states: "A woman is like a man in the manner of wiping the head... She should insert her hand beneath her head covering so that the wiping falls upon the hair itself. If she places her wet hand over her head covering, our scholars stated: if the moisture does not reach the hair, it does not suffice her." And Allah the Almighty knows best.

What is the ruling on someone who fasts but does not pray?

A Muslim must be diligent in fulfilling all obligations, and after the Shahadah, prayer is the most important duty.
● If someone abandons prayer out of disregard, they are considered a disbeliever, and their fasting is not accepted.
● If they abandon prayer out of laziness, they are still a Muslim, and their fasting remains valid, but they have committed a grave sin by neglecting prayer.

 
What is the ruling on someone who eats or drinks while uncertain about the arrival of dawn, then later finds out that dawn had not yet broken?

If a person does this, their fast remains valid, as it is confirmed that they ate during the night. Similarly, if someone eats while uncertain and remains unsure whether they ate before or after dawn, their fast is still valid. This is based on the maxim of Sharia Law, which states: "Certainty is not removed by doubt." Certainty, here, is the presence of night, and the doubt concerns the arrival of dawn. Therefore, one relies on certainty and disregards doubt.

Is it permissible to give to the poor from among the People of the Book from the Udhiyah?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
It is permissible to give to the poor among the People of the Book from a voluntary sacrifice (uḍḥiyyat taṭawwuʿ), just as it is permissible to give charity (ṣadaqah) to them. This opinion is a view (wajh) within the Shāfiʿī school, which was favored by al-Muḥibb al-Ṭabarī and Imam al-Nawawī. [See: Ḥāshiyat Ibn Qāsim al-ʿAbbādī ʿalā Tuḥfat al-Muḥtāj (Vol.9/P.365)]. And Allah Almighty knows best.

See More