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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 7 · صفحة 572

الترجمة · EN

and al-Shafi'i; due to what we mentioned in the first category, and because whatever is permitted to be leased for something other than food, is permitted to be leased for it, like houses. The third category: leasing it for an undivided share of what is produced from it, such as a half, a third, or a quarter. The text explicitly reported from Ahmad is its permissibility. This is the opinion of most of the companions, but Abu al-Khattab chose the view that it is not valid. This is the opinion of Abu Hanifah and al-Shafi'i. It is the correct view, Allah willing, because of the aforementioned hadiths regarding the prohibition, without anything to contradict them, and because it is a lease for an unknown consideration, thus it is not valid, just like leasing it for a third of what is produced from another land. Furthermore, it is a lease of an asset for a portion of its own growth, so it is not permitted, like all other assets. There is no explicit text regarding its permissibility, and it is not possible to use analogy (qiyas) for it based on that which is explicitly stated, for the texts have only come with the prohibition of leasing it in that manner, and we know of no text that deems it permissible. What is explicitly stated as permissible is leasing it for gold, silver, or something known and guaranteed, and this is not such. As for the text from Ahmad regarding its permissibility, it must be interpreted as referring to sharecropping (muzara'ah) under the guise of the term 'lease'. Thus, its ruling becomes that of sharecropping in terms of its permissibility, its binding nature, what is required of the worker and the landowner, and its other legal rulings. And Allah knows best.

الحواشي

(34) Omitted from: the original manuscript. A scribe's error. (35) In the original: "the text" (al-mansus). (36) In M: "and this is not".

السابقمجلد 7 · صفحة 572التالي
السابق7·572التالي