Book of Limited Sharecropping (musaqa) and Water

The Sahih Collection of al-Bukhari

by Imam Bukhari
Translated by: Ustadha Aisha Bewley

Chapter 45. Book of Limited Sharecropping (musaqa) and Water

I: Water

The words of Allah Almighty, "And We made from water every living thing. So will they not believe?" (21:30) and His words, may His mention be exalted!, "Have you thought about the water that you drink? Is it you who sent it down from the clouds or are We the Sender? If We willed We could have made it bitter. So why do you not give thanks?" (56:68-70)

II: On water and people who think it permitted to give water as sadaqa, as a gift and as a legacy, whether divided out or not

'Uthman said that the Prophet, may Allah bless him and grant him peace, said, "Who will buy the well of Ruma letting his own bucket in it have exactly the same status as the bucket of any other Muslim (i.e. make it a waqf)?" 'Uthman bought it.

2224. It is related that Sahl ibn Sa'd said, "The Prophet, may Allah bless him and grant him peace, was brought a cup and drank from it. On his right was a boy who was the youngest of the people present while the old men were on his left. He said, 'Boy, will you give me permission to give it to the old men first?' He said, 'I would not let anyone else have something you were going to give to me, Messenger of Allah,' so he gave it to him."

2225. It is related that Anas ibn Malik said, "I milked a domestic sheep for the Messenger of Allah, may Allah bless him and grant him peace, which was in the house of Anas ibn Malik. Its milk was mixed with water from the well in the house of Anas. He gave the Messenger of Allah, may Allah bless him and grant him peace, the cup and he drank from it and then lowered it from his mouth. Abu Bakr was on his left and a bedouin on his right. 'Umar said, being afraid that he would give it to the bedouin, 'Give it to Abu Bakr who is with you, Messenger of Allah.' He gave it to the bedouin who was on his right and said, 'The right, then the right.'"

III: Someone saying, "The owner of the water has more right to it until he has had his fill, according to the words of the Prophet, may Allah bless him and grant him peace, 'Do not withhold excess water.'"

2226. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not withhold excess water, preventing others from pasturing from it." (Muwatta, Book 36, 29)

2227. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not withhold excess water, preventing others from obtaining extra pasturage through it."

IV: Someone who digs a well on his own property is not liable [for injuries resulting from the well]

2228. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "There is no bloodwit for a mine. There is no bloodwit for a well. There is no bloodwit for a dumb animal. There is a fifth for buried treasure."

V: Disputes about wells and settling them

2229. It is related from 'Abdullah that the Prophet, may Allah bless him and grant him peace, said, "Whoever swears an oath depriving someone of his property and lies in his oath, will meet Allah and find Him angry with him." Allah Almighty revealed, "Those who sell Allah's contract and their own oaths for a paltry price." (3:77) Al-Ash'ath came and said, "What has Abu 'Abdu'r-Rahman [i.e. 'Abdullah] related to you? This ayat was sent down about me. I owned a well on the land of a cousin of mine and [the Prophet] said to me, 'bring your witnesses.' I said, 'I do not have any witnesses.' He said, 'Then let him take an oath.' I said, 'Messenger of Allah, then he will take an oath,' and the Prophet, may Allah bless him and grant him peace, mentioned this report and Allah sent down that ayat to confirm it."

VI: The wrong action of someone who denies water to a traveller

2230. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "There are three whom Allah will not look at on the Day of Rising and will not purify and who will have a painful punishment: a man who had excess water by the roadside and withheld it from travellers; a man who gave allegiance to an Imam, only giving it for the sake of this world, and being pleased when he was given some of it and angry when he was not given any; and a man who put out his goods after 'Asr and said, 'By Allah. There is no god but He, I have already been given such-and-such for them,' and a man believes him." Then he recited this verse, "Those who sell Allah's contract and their own oaths for a paltry price." (3:77)

VII: Damming rivers

2231. It is related from 'Abdullah ibn az-Zubayr , "A man of the Ansar quarrelled with az-Zubayr in the presence of the Prophet, may Allah bless him and grant him peace, about the lava-bed canals by which the palm-trees were irrigated. The Ansari said, 'Let the water through,' and he refused. They quarrelled in the presence of the Prophet, may Allah bless him and grant him peace. The Messenger of Allah, may Allah bless him and grant him peace, told az-Zubayr, 'Zubayr, irrigate, and then let the water pass through to your neighbour.' The Ansari became angry and said, 'Is it because he is your aunt's son?' The face of the Messenger of Allah, may Allah bless him and grant him peace, changed colour and then he said, 'Water, Zubayr, and then retain the water until it reaches the wall.' Az-Zubayr said, 'By Allah, I think that this ayat was revealed about that, "No, by your Lord, they are not believers until they make you their judge in the disputes that break out between them."' (4:65)"

VIII: Watering the upper part before the lower

2232. It is related that 'Urwa said, "Az-Zubayr quarrelled with a man of the Ansar and the Prophet, may Allah bless him and grant him peace, said, 'Zubayr, irrigate and then let it through.' The Ansari said, 'He is your aunt's son.' He, peace be upon him, said, 'Water, Zubayr and then let the water reach the wall and then stop.' Az-Zubayr said, 'I think that this verse was revealed about that: "No, by your Lord, they are not believers until they make you their judge in the disputes that break out between them."'"

IX: Watering the upper part to the ankles

2233. It is related from 'Urwa ibn az-Zubayr, "A man of the Ansar quarrelled with az-Zubayr about the lava-bed canals by which the palm-trees were irrigated. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Irrigate, Zubayr (and he commanded what was reasonable) and then let the water pass through to your neighbour.' The Ansari said, 'Is it because he is your aunt's son?' The face of the Messenger of Allah, may Allah bless him and grant him peace, changed colour and then he said, 'Water, Zubayr, and then retain the water until it reaches the wall.' So he gave him his full right. Az-Zubayr said, By Allah, I think that this ayat was revealed about that, "No, by your Lord, they are not believers until they make you their judge in the disputes that break out between them."' (4:65)" Ibn Shihab said to me, "The Ansar and other people thought that the words of the Prophet, may Allah bless him and grant him peace, 'Water and then retain the water until it reaches the wall' meant up to the ankles."

X: The excellence of giving water

2234. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Once a man was walking and was very thirsty. He went down a well and drank from it. Then he came back out and found a dog there, panting, which had been driven by thirst to eating mud. He said, 'This dog has reached the same state as I was in.' So he filled his leather sock and, holding it in his mouth, climbed back up and let the dog drink Allah thanked him for that and forgave him." They said, "Messenger of Allah, do we get a reward then on account of animals?" He said, "There is a reward on account of every live animal [lit. everything with a moist liver]."

It is corroborated from Muhammad ibn Ziyad.

2235. It is related from Asma' bint Abi Bakr that the Prophet, may Allah bless him and grant him peace, prayed the Eclipse Prayer and said, "The Fire drew so close to me that I said, 'O Lord, am I going to be one of them?' Suddenly there was a woman there (I think that he said a cat was mauling her). I said, 'What is happening to her?' They said, 'She shut the cat up until it died of hunger.'"

2236. It is related from 'Abdullah ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "A woman was punished on account of a cat which she shut up until it died of hunger. She entered the Fire because of it." He said, "He will say - and Allah knows best, 'You did not feed it nor give it water when you shut it up nor did you let it loose to eat from the grass of the earth.'"

XI: Someone thinking that the owner of a water basin and waterskin has more right to what he owns

2237. It is related that Sahl ibn Sa'd said, "The Messenger of Allah, may Allah bless him and grant him peace, was brought a cup and drank. On his right was a boy who was the youngest of the people present while the old men were on his left. He said, 'Boy, will you give me permission to give it to the old men?' He said, 'I would not let anyone else have something you were going to allot to me, Messenger of Allah,' so he gave it to him."

2238. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace,  said, "By the One in whose hand my soul is, I will drive away men from my Basin just as unfamiliar camels are driven from a watering place."

2239. It is related from Ibn 'Abbas that the Prophet, may Allah bless him and grant him peace, said, "May Allah be merciful to the mother of Isma'il! If she had left Zamzam (or he said, 'If she had not taken handfuls of water') it would have been a flowing fountain. Jurham came and said, 'Will you give us permission to camp with you?' She said, 'Yes, but you have no right to the water.' They said, 'Alright.'"

2240. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "There are three people that Allah will not speak to nor look at on the Day of Rising: a man who swears that he has been offered more for his goods than he has been offered and is lying, a man who swears a false oath after 'Asr in order to get the property of another Muslim man and a man who withholds excess water. Allah will say, 'Today I will withhold My bounty as you withheld the bounty of something that was not the work of your hands.'"

Another isnad which reaches back to the Prophet, may Allah bless him and grant him peace.

XII: There is no hima (private pasturage) except that of Allah and His Messenger

2241. It is related that as-Sa'b ibn Jaththama said that the Messenger of Allah, may Allah bless him and grant him peace, said, "There is no hima except that of Allah and His Messenger." [Ibn Shihab] said, "It has been conveyed to us that the Prophet, may Allah bless him and grant him peace, made an-Naqi' a hima and that 'Umar made a hima at ash-Sharaf and ar-Rabadha."

XIII: People and animals drinking from rivers

2242. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Horses are a reward for one man, and a shelter for another man and a burden for another man. He for whom they are a reward is a man who tethers them in the way of Allah giving them a long tether in a pasture or meadow. He will have good deeds for everything the horse gets from the pasture or the meadow to the full extent of its tether. If it breaks its tether and crosses a hill or two, then he has good deeds for its tracks and dung. If it crosses a river and drinks from it, that will constitute good deeds for him even if he did not intend to give it water. So there is a reward for all of that. There is also the man who tethers them in order to be self-sufficient (from people) and to be able to refrain from asking from them, and then he does not forget the right of Allah over their necks (i.e. zakat if they are used for trade) and their backs (i.e. not overloading them), so they constitute a shelter for him. Then there is the man who tethers them out of boasting and showing-off and enmity towards the people of Islam. They constitute a burden for that man." The Messenger of Allah, may Allah bless him and grant him peace, was asked about donkeys and said, "Nothing has been revealed to me about them except this general single verse, 'Whoever has done an atom's weight of good will see it and whoever has done an atom's weight of evil will see it.'" (99:7-8)

2243. It is related that Zayd ibn Khalid said, "A man came to the Messenger of Allah, may Allah bless him and grant him peace, and asked him about finding some lost property. The Prophet, may Allah bless him and grant him peace, said, 'Note the details of its container and its binding and publicise it for a year. If its owner comes, (give it to him). Otherwise, do what you want with it.' He said, 'What about a lost sheep?' and he said, 'It is for you, your brother or the wolf.' Then he said, 'What about a lost camel?' and he said, 'It has nothing to do with you. It has its water and its feet and it will find water and graze from the trees until its owner finds it.'"

XIV: Selling wood and grass

2244. It is related from az-Zubayr ibn al-'Awwam that the Prophet, may Allah bless him and grant him peace, said, "It is better for one of you to take ropes and bring a bundle of firewood on his back and sell it so that Allah gives him what he needs than for him to ask people who then give to him or refuse to."

2245. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "It is better for one of you to take a rope and carry firewood on his back than for him to go to a man to beg from him who then gives to him or refuses to."

2246. It is related that 'Ali ibn Abi Talib said, "I received an old she-camel as my share of the booty for being at the Battle of Badr with the Messenger of Allah, may Allah bless him and grant him peace, and the Messenger of Allah, may Allah bless him and grant him peace, gave me another old she-camel. One day I made both of them kneel at the door of a man of the Ansar, intending to load them with idhkhir to sell. With me was a goldsmith of the Banu Qaynuqa'. I wanted to use the proceeds for my wedding feast with Fatima. Hamza ibn 'Abdi'l-Muttalib was drinking in that house and there was a singer with him who said, 'O Hamza! The fat old she-camels!' Hamza went to them with his sword and cut off their humps and opened their sides and took some of their livers. (I said to Ibn Shihab, 'Part of their humps?' He said, 'He cut off their humps and took them.')" Ibn Shihab said that 'Ali said, "I looked at a sight which appalled me and I went to the Prophet of Allah, may Allah bless him and grant him peace. Zayd ibn Haritha was with him and I told him the news. He went out with Zayd and I went with him. He went to Hamza and was harsh with him and Hamza looked up and said, 'Are you people anything but the slaves of my fathers?' The Messenger of Allah, may Allah bless him and grant him peace, backed away from them. That was before wine was made unlawful."

XV: Land grants

2247. It is related that Anas said, "The Prophet, may Allah bless him and grant him peace, wanted to make a land grant of Bahrayn and the Ansar said, 'Not until you give the same land grant to our brothers of the Muhajirun that you give to us.' He said, 'After I have gone you will see others being given preference over you, so be patient until you meet me.'"

XVI: Written documentation of land grants

2248. It is related that Anas said, "The Prophet, may Allah bless him and grant him peace, summoned the Ansar to give them a land grant in Bahrayn. They said, 'Messenger of Allah, if you do it, write a document giving the same to our brothers of Quraysh.' The Prophet, may Allah bless him and grant him peace, could not do that and said, 'After I have gone you will see others being given preference over you, so be patient until you meet me.'"

XVII: Milking she-camels near water

2249. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "Part of a camel's right is to be milked at a place where there is water."

XVIII: A man being able to pass through or irrigate in a garden or a palm grove

The Prophet, may Allah bless him and grant him peace, said, "If anyone sells palm-trees after they have been pollinated, the fruit belongs to the seller." The seller is permitted to pass through and irrigate them until he cuts the fruit. The same applies to the owner of an 'ariyya.

2250. It is related from the father of Salim ibn 'Abdullah that the Messenger of Allah, may Allah bless him and grant him peace, said, "If anyone sells palm-trees which have been pollinated, their fruits belong to the seller unless the buyer stipulates its inclusion. If anyone sells a slave who owns property, his property belongs to the seller unless the buyer stipulates its inclusion." (Muwatta, Book 31, 2)

It is related from 'Umar, "...about the slave."

2251. It is related that Zayd ibn Thabit said, "The Prophet, may Allah bless him and grant him peace, gave a dispensation for 'ariyyas to be sold according to an estimate of the amount of their fruit."

2252. It is related from Jabir ibn 'Abdullah that the Prophet, may Allah bless him and grant him peace, forbade the mukhabara and muhaqala and the muzabana transactions and the selling of dates before it was clear that they were sound and fruits being sold for other than dinars and dirhams except in the 'ariyya sale.

2253. It is related that Abu Hurayra said, "The Prophet,  may Allah bless him and grant him peace, gave a dispensation for the sale of 'ariyyas according to an estimate of the amount of dates in cases where the amount was less than or equal to five wasqs." (Da'ud was uncertain about that.)

2254. It is related from Rafi' ibn Khadij and Sahl ibn Abi Hathma that the Messenger of Allah, may Allah bless him and grant him peace, forbade the muzabana sale, i.e. selling dates for dates - except for 'ariyya sales. He gave permission for that.

Ibn Ishaq said that Bushayr related the like of it.