This is part 18 of 22 of “The Book of Livelihood and Commerce (al-Ma'isha)”, book 18 of Al-Kafi — Hadith 9,156–9,205. The book is long enough that it is split across 22 pages so each one stays quick to load; the parts run in order and are linked at the foot of the page.
5. A number of our people have narrated from Ahmad ibn Muhammad from Sahl ibn Ziyad all from Ahmad ibn Muhammad from ibn abu Nasr from Dawud ibn Sarhan who has said the following: “About the case of a man who has a piece of land for which he pays a certain amount of tax that may increase or decrease; and he gives it to another man to pay its taxes and two hundred dirham every year. He (the Imam) said, ‘It is not unlawful.’”
6. Ali has narrated from Salih al-Sindiy from Ja’far ibn Bashir from Musa ibn Bakr from al-Fudayl ibn Yasar who has said the following: “I once asked abu Ja‘far, ‘Alayhi al-Salam, about renting land in exchange for foodstuff. He (the Imam) said, ‘If it is of the produce of the same land, there is nothing good in it.’”
7. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah from more than one person from Aban ibn ‘Uthman ibn al-Fadl who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who rented a piece of land from another man saying, ‘I rent this piece of land to cultivate, and if I will not cultivate I will still pay you the rent’; and he does not cultivate it. He (the Imam) said, ‘He has the right to collect the rent whether he cultivates it or not.’”
8. Al-Fiusayn from Muhammad has narrated from Mu’alla’ ibn Muhammad and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad all from al-Washsha’ who has said the following: “I once asked al-Rida’, ‘Alayhi al-Salam, about the case of a man who bought a certain piece of land from another man in exchange for one hundred Kur (a certain unit of measurement) to be paid from the land. He (the Imam) said, ‘It is unlawful.’ I then asked, ‘I pray to Allah to keep my soul in service for your cause, what do you say if I buy from him the land for a known measure of wheat from other sources. He (the Imam) said, ‘It is not unlawful.’”
9. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn Sahl from his father who has said the following: “I once asked abu al-Hassan, ‘Alayhi al-Salam, about the case of a man for whom the farmers cultivate saffron and guarantee to give him a certain amount by the weight of dirham for every Jirib (a certain unit of measurement) that is cultivated and then it may produce less thus, he is in loss or may produce more, thus, he gains. He (the Imam) said, ‘It is not unlawful if they mutually agree.’”
10. Ahmad ibn Muhammad from has narrated from Muhammad ibn Sahl from his father from ‘ Abd Allah ibn Bukayr who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man for whom saffron was cultivated and the farmers guaranteed to give him one Mann (a certain unit of weight) out of every forty Mann fresh saffron and made a settlement about the dried saffron. Dried saffron reduces by three-fourth from fresh kind and one-fourth remains and this is experimented. He (the Imam) said, ‘It is not valid.’ I then said, ‘If he appoints trusted people for protection, he cannot do so because it is worked upon during the night, it is not difficult to protect.’ He (the Imam) said, ‘He can contract the land first in which he must say that from every forty Mann it is one Mann .’”
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad from al-Halabiy who has said the following: “Abu ‘ Abd Allah, ‘Alayhi al-Salam, informed me that his father, ‘Alayhi al-Salam, has narrated that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, gave the land of Khaybar and its palm trees for half. When fruits ripened he (the Messenger of Allah) delegated ‘Abd Allah ibn Rawahah who appraised and said to them, ‘You can take it and pay me half of the appraised value or I pay you half of the appraised value and take the produce.’ They said, ‘This is (justice) the fact upon which the skies and earth are maintained.’”
2. A number of our people have narrated from Ahmad ibn Muhammad and Sahl ibn Ziyad from al-Hassan ibn Mahbub from Mu‘awiyah ibn ‘Ammar from abu al-Sabbah who has said the following: “I once heard abu ‘Abd Allah, Alayhi al-Salam, saying, ‘When the Holy Prophet, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, liberated Khaybar he left it in their hand for half. When fruits ripened he (the Messenger of Allah) delegated ‘Abd Allah ibn Rawahah who estimated the value and they came to the Holy Prophet, and said, ‘He has charged us more.’ He (the Messenger of Allah) sent someone to ask ‘Abd Allah if there was reason for which they complained. He replied, ‘I estimated and they can take or we take it.’ A Jewish man then said, ‘This is (justice) the fact upon which the skies and earth are maintained.’”
3. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad from al-Halabiy who has said the following: “Abu ‘Abd Allah, Alayhi al-Salam, has said, ‘Land cannot be accepted for specified wheat, however, it is accepted for one-half, one-third, one-fourth or one-fifth.’ He (the Imam) said, ‘Sharecropping for one-third, one for-fourth or one-fifth is not unlawful.’”
4. A number of our people have narrated from Ahmad ibn Muhammad from al-Hassan ibn Mahbub from al-Husayn ibn Sa‘id from al- Nadr ibn Suwayd from ‘Abd Allah ibn Sinan who has said the following: “About the case of a man who works in sharecropping, cultivates the land of another man and says, ‘One third for the bulls, one-third for the seed and one-third for the land’, he (the Imam) Alayhi al- Salam, has said, ‘Things like bulls, seeds and so on must not be mentioned, instead he must say, “You must cultivate so and so items, if you want for one-half or if you want for one-third.’””
5. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Nu’man from ibn Muskan from Sulayman ibn Khalid who has said the following: “This is concerning my question before abu ‘Abd Allah, Alayhi al-Salam, about the case of a man who cultivated the land of another man; if he could set the condition of one-third for the seed, one- third for the bull. He (the Imam) said, ‘It is not proper to mention seed or bull. It is statement that makes it unlawful.’”
6. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad from al-Halabiy who has said the following: “Once abu ‘Abd Allah, Alayhi al-Salam, was asked about the case of a man who cultivated a land with the condition of one-third for the seed and one-third for the bull. He (the Imam) said, ‘It is not proper to designate anything, because it is statements that makes it unlawful.”’
1. A number of our people have narrated from Ahmad ibn Muhammad from Sahl ibn Ziyad from al-Hassan ibn Mahbub from Ibrahim al-Karkhiy who has narrated the following: “I once said to abu ‘Abd Allah, ‘Alayhi al-Salam, ‘I become a partner of an al-‘ilj (a great non-Muslim person). I provide land, seed, and the bull. Al-‘ilj does the plantation and other works for the farm. When the wheat or barely comes, the produce is divided; al-Sultan takes away his right, one-third is for al-‘ilj and the remaining is for me. He (the Imam) said, ‘It is not unlawful.’ I then asked if the seed can be given to me from the produce of the land and the rest is divided. He (the Imam) said, ‘You have formed a partnership which required you to provide the seed and he must provide water and other works.’”
2. Muhammad ibn Yahya has narrated from Muhammad ibn Al-Husayn from Safwan from Ya’qub ibn Shu’ayb who has narrated the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who had a land of al-Kharaj (of government) which he had given to a man to develop, pay its taxes and the extra of its produce were to be shared by the two of them. He (the Imam) said, ‘It is not unlawful.’ I asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who gave his land to a man which had pomegranate, palm trees or fruit bearing trees. He told him to water and develop it for one-half of the produce thereof. He (the Imam) said, ‘It is not unlawful.’ This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who told a man to have his land for three or five years or as Allah wills. He (the Imam) said, ‘It is not unlawful.’ I then asked about sharecropping. He (the Imam) then said, ‘The expenses are from you and the land is from the land-owner. Its produce is divided in portions. This is how the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, gave the people of Khaybar when they came to him. He (the Messenger of Allah) gave it to them to develop for one-half of its produce.’”
3. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad from al-Halabiy who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘In a land contract you can have it for twenty years or less from its people to develop it and pay its expenses; such contract is not unlawful.’”
4. A number of our people have narrated from Ahmad ibn Muhammad from ‘Uthman ibn ‘Isa from Sama‘ah who has narrated the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about sharecropping of a Muslim and a pagan in which the Muslim provides seed and bull, the land, water, taxes and work is by the al-‘ilj. He (the Imam) said, ‘It is not unlawful.’ I then asked about sharecropping saying that a man spreads seed on one hundred Jirib (acre) or less or more for grain or other produce. A man then comes and says to take one-half of the value of the seed from me and one-half of the expenses and give me a share in it. He (the Imam) then said, ‘It is not unlawful.’ I then asked, ‘What happens if he has not bought the seed, it just was with him?’ He (the Imam) then said, ‘He must appraise it with that day’s prices, then take one-half of its value and one-half of his expenses and then share the farm with him.’”
1. A number of our people have narrated from Sahl ibn Ziyad and Ahmad ibn Muhammad from ibn Mahbub from Ibrahim al-Kharkhiy who has said the following: “This is concerning my question before abu ‘ Abd Allah, ‘Alayhi al-Salam, about the case of a man who had a large town in which he had taxpayer infidels from whom al-Sultan collected taxes and they paid to him fifty or thirty or more or less, each one. The owner of the town reached a settlement for them with al-Sultan and he collected more from them than what he paid to al-Sultan. He (the Imam) said, ‘It is unlawful.”’
2. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad from Ahmad ibn al-Hassan al-Mithamiy who has said that narrated to him abu Najih al-Misma‘iy from al-Fayd ibn al-Mukhtar who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, saying, ‘I pray to Allah to keep my soul in service for your cause, what do you say about a land that I rent from al-Sultan, then rent it to my tenants for, whatever Allah makes to grow, one-half or one-third after excluding the share of al-Sultan. He (the Imam) said, ‘It is not unlawful and that is how I deal with my tenants.’”
3. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Um ay r from Hammad from al-Halabiy who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘It is not unlawful to reach an agreement with the owners of the land for twenty years or less or more, then revive it and pay what he spends on it; but one must not include al-‘ilj (the infidels) in the agreement because it is not lawful.’”
4. A number of our people have narrated from Ahmad ibn Muhammad from ‘Uthman ibn ‘Isa from Sama‘ah who has said the following: “I once asked him (the Imam), ‘Alayhi al-Salam, about the case of a man who formed a contract for a land without compulsion on the owners, with the condition with them that if he did certain repairs or built a building, that he would have the rent of such homes except what was in the hands of the farmers from before. He (the Imam) said, ‘If he has entered into contract for a known matter, he must not bother with farmers unless he has set a condition with the owner to include what is in the hands of the farmers also.’”
5. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad from Ibrahim ibn Maymun who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about a town that belonged to non-Muslim taxpayers and I did not know if they were the original owners or not, except that it was in their hands and they paid Kharaj (taxes). Al-Sultan infringed on them and they asked me to take over their town and land to suffice them against al-Sultan with more or less. A certain amount of extra remained with me after whatever al-Sultan took away. He (the Imam) said, ‘It is not unlawful for you to have such extra remainders.’”
1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn Ahmad from Yunus who has said the following: ‘I once wrote to al-Rida’, ‘Alayhi al-Salam, and asked about the case of a man who formed a contract with another man about land or something else for several known years and the landlord then decided to sell the land before the end of the contract; if the tenant could stop the sale before the end of the time of agreement and if so, what was the tenant’s responsibility. He (the Imam) wrote back the answer that said, ’He can sell it if he sets a condition upon the buyer that requires him to allow the tenant to use his years according to the contract of tenancy.’”
2. A number of our people have narrated from Sahl ibn Ziyad and Ahmad ibn Muhammad from Ali ibn Mahziyar from Ibrahim ibn Muhammad al-Hamadaniy and Muhammad ibn Ja’far al-Raziy from Muhammad ibn ‘Isa from Ibrahim al-Hamadaniy who has said the following: “I once wrote to abu al-Hassan, ‘Alayhi al-Salam, and asked about the case of a woman who had rented her asset for ten years, that the rent had to be paid at the end of every year and there would be no rent before the end of such time; but she died before three years or after it; if it was necessary for her heirs to continue with the terms of the contract or that the contract terminated because of the death of the woman. He (the Imam) wrote the answer that said, ‘If the time was specified which was not complete yet and she died, her heir could have the rent. If the time was not complete or one-third or half or so was complete, the heirs could have the rent proportionate to the time used, by the will of Allah.’”
3. Sahl ibn Ziyad has narrated from Ahmad ibn Ishaq al-Raziy who has said the following: “A man once wrote to abu al-Hassan, the third, ‘Alayhi al-Salam, and asked about the case of a man who rented an asset from another man and the owner sold that asset in the presence of the tenant who did not raise any objection against the sale while he was present with witness and the buyer died; if the asset became of the legacy or remained in the hand of the tenant until the time of tenancy ended. He (the Imam) wrote the answer that said, ‘It remains until the time of tenancy ends.’”
1. A number of our people have narrated from Sahl ibn Ziyad and Ahmad ibn Muhammad from all from ibn Mahbub from Khalid ibn Jarir from abu al-Rabi‘ al-Shamiy who has said the following: “This is concerning my question before abu ‘ Abd Allah, ‘Alayhi al-Salam, about the case of a man who contracted land from farmers, then rented it for more to others and undertook the share of al- Sultan. He (the Imam) said, ‘It is not unlawful because land is not like wages or a house. The increase of wages and house rent is unlawful.”’
2. Muhammad ibn Yahya has narrated from ‘Abd Allah ibn Muhammad from Ali ibn al-Hakam from Aban from ‘Isma’il ibn al-Fadl al- Hashimiy who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who leased from al-Sultan al-Kharaj (tax) land for a known amount of dirham or foodstuff of known amount, then rented to someone with the condition to cultivate it and to divide the produce in half and half or more or less and still something extra remained for him from the land; if it was valid for him. He (the Imam) said, ‘Yes it is valid, provided, he digs a canal or a certain work to help them, then it is for him.’ I then asked him (the Imam) about the case of a man who leased a piece of land of Kharaj (tax) land for a certain amount of dirham or foodstuff, then rented it in pieces or by Jirib (a certain unit of measurement) for a known amount, then a certain amount extra remained for him after payment to al-Sultan but he did not spend anything, or that he leased that land in pieces with the condition to give them seed and expenses, then extra remained for him over the rent; if the soil was for him or not. He (the Imam) said, ‘If you rent a land and spend on it or do mending work in it, then the matters you have mentioned are not unlawful.’”
3. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from abu al-Mighra’ who has said the following: “About the case of a man who leases a piece of land, then rents it to someone for more than what he has leased for, he (the Imam), ‘Alayhi al-Salam, said, ‘It is not unlawful because it is not like a shop or wages; increase of wages and rent of shop is not lawful.’”
4. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad from al-Halabiy who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If a man rents a house for ten dirham and lives in it, but uses only two-thirds and rents the other one-third for ten dirhams, it is not unlawful but he must not rent out for more than what has rented (which is ten dirham) unless he introduces something in it.’”
5. A number of our people have narrated from Sahl ibn Ziyad from ibn Faddal from abu al-Mighra’ from Ibrahim ibn Maymun who has said the following: “Ibrahim ibn al-Muthanna’ once asked abu ‘Abd Allah, ‘Alayhi al-Salam, this, when I was listening, ‘A man leases land, then rents to someone else for more than what he pays.’ He (the Imam) said, ‘It is not unlawful because land is not like a house or a worker on hire. Extra in the rent of a house is unlawful and extra in hiring is unlawful.’”
6. Sahl ibn Ziyad has narrated from Ahmad ibn Muhammad from ‘Abd al-Karim from al-Halabiy who has said the following: “This is concerning my question before abu ‘ Abd Allah, ‘Alayhi al-Salam, about leasing saying, ‘There is a piece of land and it leased for one-third or one-fourth, then to someone else for one-half.’ He (the Imam) said, ‘It is not unlawful.’ I then asked, ‘What happens if I lease for one thousand dirhams and then lease it to someone else for two thousand dirhams?’ He (the Imam) said, ‘It is not lawful.’ I then asked, ‘How is it that it is lawful in the first case and unlawful in the second case?’ He (the Imam) said, ‘It is because in this case it is guaranteed and in that case it is not guaranteed.’”
7. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Safwan from Ishaq ibn ‘Ammar who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If you lease a piece of land in exchange for gold or silver, then do not lease it to someone else for more than what you have leased; but if you lease it in exchange for one-half or one-third of the produce you can lease it to someone else for more, because gold and silver are guaranteed.’”
8. Ali ibn Ibrahim has narrated from his father from ibn abu ‘ Umayr from Hammad from al-Halabiy who has said the following: “About the case of a man who leases a house then rents to someone else for more than what he has rented for, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘It is not valid unless he introduces something in it.’”
9. A number of our people have narrated from Ahmad ibn Muhammad from ‘Uthman ibn ‘Isa from Sama‘ah from abu Basir who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘I dislike renting a grinding stone, then renting it out to someone else for more than what I has rented for, unless some improvement is made or loss has taken place.’”
10. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Husayn ibn Sa‘id from his brother, al-Hassan from Zur’ah ibn Muhammad from Sama‘ah who has said the following: “Upon asking him (the Imam), ‘Alayhi al-Salam, about the case of a man who buys a pasture for fifty dirham or less or more and he wants to allow entering the pasture whoever wants to enter so that he charges them for it. He (the Imam) said, ‘He can allow whomever he wants with a payment of part of what he has paid. If he enters the pasture with a payment of forty-nine and his sheep (graze) for one dirham, it is not unlawful. He cannot receive payment of fifty dirham and his sheep graze along with them or for more than fifty but his sheep do not graze with them, unless he has done a certain work in the pasture, like digging a well, or a canal or has experienced fatigue in it with the consent of the owners of the pasture, in which case it is not unlawful to sell it for more than for what he has bought, because he has done certain work in it and with this it becomes valid for him.’”
1. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Safwan from al-‘Ala’ from Muhammad ibn Muslim who has said the following: “Upon my asking one of the two Imam, (abu Ja’far or abu ‘Abd Allah), ‘Alayhim al-Salam, about the case of a man who forms a contract for a certain work with another man but he does not do the work, instead he gives it to someone else and makes a certain amount of profit. He (the Imam) said, ‘No, he cannot do so unless he does certain work in it.’”
2. Abu Ali al-Ash’ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan from al-Hakam al-Khayyat who has said the following: “Upon my asking abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a cloth (for tailoring) that I accept for a dirham and then give it to another person on credit for more than a dirham without doing anything more than cutting. He (the Imam) said, ‘It is not unlawful.’ He (the Imam) then said, ‘It is not unlawful if you accept a work then seek increase in it.’”
3. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from Ali ibn Maymun al-Sahgh (jeweler) who has said the following: “Upon my asking abu ‘Abd Allah, ‘Alayhi al-Salam, about a goldsmith work in which there is engraving and I stipulate with an engraver; but when it is time to finalize our account, I ask him to reduce from what was stipulated. He (the Imam) asked, ‘Is it without compulsion on his part?’ I replied, ‘Yes, it is without compulsion.’ He (the Imam) said, ‘It is not unlawful.’”
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad from al-Halabiy who has said the following: “Abu ‘ Abd Allah, ‘Alayhi al-Salam, has said, ‘It is not unlawful to buy a plantation when it is green, then leave it until the harvest time, if you like or use it for animal feed before wheat ears appear when it is only grass.’ He (the Imam) has said, ‘It is not unlawful to buy plantations in which the ears have appeared and wheat has formed.’”
2. Ali has narrated from his father from Hammad from Hariz from Bukayr ibn ‘A‘yan who has said the following: “Upon my asking abu ‘Abd Allah, ‘Alayhi al-Salam, about buying a plantation when it only is green, he (the Imam) said, ‘It is not unlawful.’”
3. It is narrated from the narrator of the previous Hadith from Zurarah a similar Hadith. “He (the Imam), ‘Alayhi al-Salam, has said, ‘It is not unlawful to buy a plantation or greenery, then leave it, if you like, until the ears appear, then harvest, or if you like use it as animal feed as grass and it is not unlawful before ears appear, and when the ears appear then do not use it (ears) as animal feed because it is destroying.’”
4. A number of our people have narrated from Sahl ibn Ziyad from Ahmad ibn Muhammad from ibn abu Nasr from Muthanna’ al- Hannat from Zurarah who has said the following: “About the case of a plantation which is sold when it is only grass, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘It is not unlawful if he says, “I buy from you what comes out of this plantation.” If he buys it when it is only grass he can use it or if he likes he can wait (until harvest time).”’
5. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Safwan from Aban from ‘Abd al- Rahman ibn abu ‘Abd Allah who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, prohibited al- Muhaqalah and al-Muzabanah .’ I then asked, ‘What are they?’ He (the Imam) said, ‘It is selling what a palm tree has just conceived in exchange for dates and green plantation for wheat.’”
6. A number of our people have narrated from Ahmad ibn Muhammad from ‘Uthman ibn ‘Isa from Sama‘ah who has said the following: “Upon my asking abu ‘Abd Allah, ‘Alayhi al-Salam, about a man who buys green plantation, then he decides to leave it until ears appear as barley or wheat when basically he had purchased as such that the tax is on the infidel to pay. He (the Imam) said, ‘If he has bought it with the condition at the time of purchase that if he likes he can leave it as it is until the ears appear, otherwise, it is not proper for him to leave it until the ears appear.’”
7. A number of our people have narrated from Ahmad ibn Muhammad from ibn Mahbub from abu Ayyub from Sama‘ah who has said the following: “Sama‘ah has narrated a similar Hadith from abu ‘Abd Allah, ‘Alayhi al-Salam, with this addition, ‘If he leaves it until ears appear, he is responsible for its maintenance and expenses and he can have whatever comes out thereof.”’
8. ‘Uthman ibn ‘Isa has narrated from Sama‘ah who has said the following: “Upon my asking him (the Imam), ‘Alayhi al-Salam, about the case of a man who establishes a plantation, who is a Muslim or tax payer, maintains it and incurs expenses on it, then he decides to sell it because of his relocating or other needs. He (the Imam) said, ‘He can buy it (with al-warzq, as leaves not as grains) because its origin is from foodstuff.’”
9. Ali ibn Ibrahim has narrated from his father from al-Nawfaliy from al-Sakuniy who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, granted permission for the sale of al-‘Ara’ya ’ by estimating it as dates. Al-‘Ara’ya’ is a palm tree that belongs to someone but it is in other person’s house, in this case it is permissible to sell it by estimation and it is not permissible in other things.’”
1. Ali ibn Ibrahim has narrated from his father from ‘Isma’il ibn Marrar from Yunus from certain persons of our people who has said the following: “Regarding my question before abu ‘ Abd Allah, ‘Alayhi al-Salam, about the case of a man who is Muslim and has an asset in the mountains which is sold and his Muslim brother comes who has sheep and needs a mountain, if it is lawful to sell the mountain as he sells to others or deny him use of the mountain if he asks without payment and how is his condition and what he takes. He (the Imam) said, ‘It is not lawful for him to sell his mountain to his brother because the mountain is not his mountain, he can only sell it to non-Muslims.”’
2. A number of our people have narrated from Ahmad ibn Muhammad from and Sahl ibn Ziyad from Ahmad ibn Muhammad from ibn abu Nasr from Idris ibn Zayd who has said the following: “Regarding my question before abu al-Hassan, ‘Alayhi al-Salam, - after saying, ‘I pray to Allah to keep my soul in service for your cause, we have a property that has boundaries and a pasture - about a man from us who has sheep and camel. He needs those pastures for his camel and sheep if it is permissible for him to preserve and protect the pastures for his needs.’ He (the Imam) said, ‘If the land is his land he has the right to reserve and keep it for his needs.’ I then asked, ‘Can the man sell the pastures?’ He (the Imam) said, ‘If the land is his land, it is not unlawful to do so.’”
3. Ahmad ibn Muhammad from ibn abu Nasr has narrated from Muhammad ibn ‘Abd Allah who has said the following: “This is concerning my question before al-Rida’, ‘Alayhi al-Salam, about the case of a man who has a property which has boundaries that extend for about twenty miles or less or more and a man comes and says, ‘If you give to me from your pastures I will give you so and so amount of dirham. He (the Imam) said, ‘If the property is his property it is not unlawful.’”
4. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah from Ja’far ibn Sama‘ah from Aban from ‘Isma’il ibn al-Fadl who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about a man’s selling pastures which needs watering. He works to provide water for its grass and he is the one who has dug the well and canal and he has water for the plantation of whatever he likes to cultivate. He (the Imam) said, ‘If water belongs to him he can cultivate whatever he likes and sell to whoever he likes.’ I then asked him (the Imam) about selling the remaining portions of wheat or barley stems after harvest. He (the Imam) said, ‘It is lawful, thus, he can sell if he wants.’”
Muwaththaq· al-Majlisi
Sunni collections: text from the open hadith-api dataset. Al-Kafi: Arabic text, Muhammad Sarwar's translation and gradings from Thaqalayn.net via the Thaqalayn API. Hadith numbering follows those editions and can differ from a printed copy — check the Arabic against a trusted edition before relying on a reference.
