Jabir, who said: "They used to cultivate it for a third, a quarter, and a half, then the Prophet (may Allah bless him and grant him peace) said: 'Whoever has land, let him cultivate it, or let him grant it; but if he does not do so, then let him keep his land.'" Its interpretation was also narrated from Zayd ibn Thabit; Abu Dawud (11) recorded, with his chain of transmission from Zayd, who said: "The Messenger of Allah (may Allah bless him and grant him peace) prohibited mukhabarah." I asked: "And what is mukhabarah?" He said: "That one takes (12) the land for half, a third, or a quarter." Our argument is what Ibn 'Umar narrated, saying: "The Messenger of Allah (may Allah bless him and grant him peace) transacted with the people of Khaybar for half of what comes out of it, whether crops or fruits." Agreed upon (13). This has also been narrated from (14) Ibn 'Abbas and Jabir ibn 'Abd Allah. Abu Ja'far said: "The Messenger of Allah (may Allah bless him and grant him peace) transacted with the people of Khaybar for half; then Abu Bakr, then 'Umar, 'Uthman, and 'Ali; then their families until today, giving the third and the quarter (15)." This is a correct and well-known matter that the Messenger of Allah (may Allah bless him and grant him peace) acted upon until he died, then his rightly-guided caliphs acted upon it until they died, then their families after them. There was no household in Medina that did not act upon it, and the wives of the Messenger of Allah (may Allah bless him and grant him peace) acted upon it after him. Al-Bukhari (16) narrated from Ibn 'Umar that the Prophet (may Allah bless him and grant him peace) transacted with the people of Khaybar for half of what comes out of it, whether crops or fruits. He used to give his wives one hundred wasqs: eighty wasqs of dates and twenty wasqs of barley. 'Umar divided Khaybar and gave the wives of the Prophet (may Allah bless him and grant him peace) the choice to either have land and water allotted to them, or for the wasqs to continue for them. Some of them chose the land, and some of them chose the wasqs; 'A'ishah chose the land. Something like this cannot be abrogated, because abrogation only occurs during the lifetime of the Messenger of Allah (may Allah bless him and grant him peace). As for something that was acted upon until he died, then acted upon by his caliphs after him, and the Companions—may Allah be pleased with them—reached a consensus upon it, and they acted upon it, and none of them opposed it, how can its abrogation be permissible, and when could it have been abrogated (17)? If it were abrogated during the lifetime of the Messenger of Allah (may Allah bless him and grant him peace), then how was it acted upon after its abrogation, and how could its abrogation have remained hidden such that it did not reach his caliphs, given the fame of the story of Khaybar and their actions regarding it? Where, then, was the narrator of the abrogation, such that he did not mention it and did not inform them of it?
(11) In: "Chapter: On Mukhabarah," from the Book of Sales, Sunan Abi Dawud 2/235. It was also recorded by Imam Ahmad in: al-Musnad 5/187, 188. (12) In the original: "ta'khudh" (she/you take). (13) The recording of the hadith of Ibn 'Umar was cited previously on page 527, the hadith of Ibn 'Abbas on page 529, and the hadith of Jabir on page 550. (14) Omitted from: B, M. (15) Cited previously on page 527. (16) In: "Chapter: Sharecropping for Half and the Like," from the Book of Agriculture and Sharecropping, Sahih al-Bukhari 3/137, 138. It was also recorded by Muslim, in: "Chapter: Watering and Transactions..." from the Book of Watering/Gardening (al-Musaqat), Sahih Muslim 3/1186.