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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

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Summarized Fatawaa

How is the meat of the 'aqīqah to be distributed?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
If the 'aqīqah is a recommended one (mandūbah), it is obligatory to give some portion of it in charity to the poor — even if the amount is small — with the minimum being approximately half a kilogram of meat.
The most preferable manner of distribution is to divide it into three equal portions, as with the uḍḥiyyah:
 
One third for the guardian and his household to eat from
One third to be given in charity to the poor
One third to be gifted to friends and neighbours, even if they are wealthy
 
It is furthermore more preferable to send the food to the poor already cooked, rather than inviting them to come and eat. And Allah Almighty knows best.

What is the ruling on omitting the prostration of recitation?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The prostration of recitation (Sajdat al-Tilawah) is a Sunnah for both the reader and the listener. There is no sin in omitting it, though doing so results in missing a great reward. Muslim narrated from Abu Hurairah (may Allah be pleased with him) that the Prophet ﷺ said: 'When the son of Adam recites a verse of prostration and prostrates, Shaytan withdraws weeping, saying: "Woe to him! (and in the narration of Abu Kuraib: "Woe to me!") The son of Adam was commanded to prostrate and he prostrated, so Paradise is his; and I was commanded to prostrate and I refused, so the Fire is mine."'
 
Sheikh al-Islam Imam al-Nawawi (may Allah have mercy on him) stated: 'It is recommended to prostrate immediately after reciting or hearing a verse of prostration. If one delays it but the interval is short, he may still prostrate. However, if the interval is long, the opportunity is missed.' [Rawdat al-Talibin Vol.1/P.323].
 
Furthermore, the prostration of recitation becomes obligatory (Wajib) in congregational prayer if the Imam prostrates, out of the necessity of following him. And Allah the Exalted knows best.

Is it permissible for a wife to give her money to her family as a charity, or a gift without asking her husband, or seeking his consent?

The wife has the right to give her money as a charity, or a gift to her family, or to other people after consulting her husband out of respect, and this is the meaning of treating on footing of kindness and equity. Therefore, if he wanted to stop her from helping her family, then there is no harm in not telling him.

What is the ruling on offering an Udhiyah on behalf of another with their permission?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible for a person to offer a sacrifice (Udhiyah) on behalf of someone else with their permission, even if the person performing it has not offered a sacrifice for themselves. It is stated in Sharh Manhaj al-Tullab (Vol.5/P.261) by Zakariya al-Ansari: "No one may offer a sacrifice on behalf of another without their permission... as opposed to when permission has been granted." And Allah the Almighty knows best.

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