Renting Land

Al-Muwatta' of Imam Malik

by Imam Malik ibn Anas
Translated by: Ustadha Aisha Bewley

34.0 Renting Land

 

34.1 Renting Land

1 Yahya related to me from Malik from Rabi'a ibn 'Abd ar-Rahman from Hanzala ibn Qays az-Zuraqi from Rafi' ibn Khadij that the Messenger of Allah, may Allah bless him and grant him peace, forbade renting out fields.

[In Muslim]

Hanzala said, "I asked Rafi' ibn Khadij about paying rent in gold and silver and he said, "There is no harm in it."

2 Malik related to me that Ibn Shihab said, "I asked Sa'id ibn al-Musayyab about renting land for gold or silver and he said, 'There is no harm in it.' "

3 Malik related to me from Ibn Shihab that he asked Salim ibn 'Abdullah ibn 'Umar about renting out fields. He said, "There is no harm if it is done with gold or silver." Ibn Shihab said, "I said to him, 'What do you think of the hadith which is mentioned from Rafi' ibn Khadij?' He replied, 'Rafi' has exaggerated. If I had a field, I would rent it out.' "

4 Malik related to me that he had heard that 'Abd ar-Rahman ibn 'Awf rented some land which he remained on until he died. His son said, "I thought that it belonged to us because of the length of time which it had been in his hands until he mentioned it to us at his death. He ordered us to pay some rent which he owed in gold or silver."

5 Malik related to me from Hisham ibn 'Urwa that his father used to rent out his land for gold and silver.

Malik was asked about a man who rented out his field for one hundred sa's of dates or part of its produce of wheat or from produce from another source. He disapproved of that.