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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 7 · Page 560

Translation · EN

it. What we have mentioned is pointed to (24) by some of the reports, and the narrator of the hadith explained it as we have described. They have nothing except the reconciliation of the hadiths, and reconciling them by interpreting some of them (25) according to what their narrator explained is worthier than acting arbitrarily without evidence. Third, their statement leads to restricting each of the two hadiths, whereas what we have mentioned is an interpretation of only one of them. Fourth, what we have mentioned is in accordance with the practice of the Rightly Guided Caliphs, their families, and the jurists of the Companions, and they are more knowledgeable about the hadith of the Messenger of Allah (may Allah bless him and grant him peace), his Sunnah, and their meanings; this is more worthy than the statement of those who opposed them. Fifth, what we have adopted is unanimously agreed upon, for Abu Ja'far narrated this (26) from all the members of the House (Ahl al-Bayt) in Medina, from the four Caliphs and their families, and from the jurists of the Companions, and this was their continuous practice (27); this is a matter that could not have been hidden, and none of the Companions denied it, so it constitutes consensus (ijma'). As for what has been narrated to the contrary, we have already clarified its corruption, so this is a consensus of (28) the Companions (may Allah be pleased with them) that no one is permitted to oppose. Analogy also necessitates it, for land is an asset that is developed by working on it, so it is permissible to enter into an agreement regarding it for a portion of its produce, just like capital in a mudarabah (profit-sharing) agreement and date palms in a musaqat (irrigation/sharecropping) agreement. Or we may say: It is land, so sharecropping is permissible on it, like land between date palms. Furthermore, the need necessitates sharecropping, for the owners of the land may not be able to cultivate it and work on it, and the laborers need to cultivate but have no land. The wisdom of the Shari'ah therefore necessitates the permissibility of sharecropping, as we have said regarding mudarabah and musaqat; in fact, the need here is more urgent, because the need for cultivation is more urgent (29) than for other things, as it provides food, and land cannot be benefited from except by working on it, unlike money. This is also indicated by the words of the narrator of their hadith: "The Messenger of Allah (may Allah bless him and grant him peace) forbade us from a matter that was beneficial to us" (30). The Lawgiver does not forbid...

Notes

(24) In the original and M: "dal" (pointed). (25) Omitted from: B. (26) Omitted from: the original and M. (27) Previously mentioned on page 527. (28) In B: "from the Prophet -may Allah bless him and grant him peace- and from". (29) In B: "more" (akthar). (30) Its takhrij (source documentation) was provided previously on page 556.

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