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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

My brother works in a conventional bank and gave me one of the gifts distributed to bank employees — what is the ruling on accepting it?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no objection to accepting such gifts, because the physical gift itself does not carry any inherent prohibition — unlike stolen property. Sin does not transfer or extend to the one who receives the gift, for Allah the Almighty says {what means}: "And no bearer of burdens shall bear the burden of another." [Al-Anʿām/164]
The evidence for this is that the Prophet ﷺ himself ate from the food of the Jews, conducted transactions with them, and purchased from them — and it is well known that their wealth was intermingled with ribā. Similarly, the wealth of conventional ribā-based banks is a mixture of the lawful and the unlawful.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states: "It is not forbidden to transact with one whose wealth is predominantly unlawful, nor to eat from it — as al-Nawawī affirmed in al-Majmūʿ." [Tuḥfat al-Muḥtāj, Vol. 9/P.389] And Allah the Almighty knows best.

What is the ruling on Friday Ghusl (ritual bath)?

Friday Ghusl is a confirmed Sunna (Prophetic tradition) even if a person wasn`t in a state of Janbah (ritual impurity), or physically unclean. However, one who doesn`t make Ghusl on Friday isn`t sinful for the Prophet (PBUH) said: "It is good for a Muslim to make ablution for Friday prayer, but it is better to make Ghusul. [At-Tirmithi & Abu Dawood].

Is it obligatory for someone traveling by plane in the afternoon during Ramadan to fast?

Anyone who intends to travel after dawn must begin the day fasting and continue with the intention of completing their fast, as fasting was obligatory upon them before traveling.
However, if they experience unbearable hardship after starting their journey, they are permitted to break their fast due to that hardship, not merely because of travel. In such a case, they must make up for the missed fast later.

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

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