Chapter on Sharecropping and Leasing

I asked Imam (as) about a man who gives his land, which has water, palm trees, and fruits, to another man and says, "Irrigate this with water, cultivate it, and you will have half of what Allah (swt), the Mighty and Glorious, produces from it." Imam (as) said: "There is no harm in it." I also asked him about a man who gives another man a piece of ruined land and says, "Rebuild it, and it is yours for three years, or four, or five years, or for whatever period you decide." Imam (as) said: "There is no harm in that." I further asked Imam (as) about a man who owns a piece of land from the lands subject to tax (kharaj) with a fixed tax, which sometimes increases and sometimes decreases. He leases it to another man under the condition that the lessee will cover its tax and pay him two hundred dirhams annually. Imam (as) said: "There is no harm in that."

Hadith.3891 - Sama'ah asked Abu Abdillah (as) about a man who leases land with the consent of its owners, based on specific conditions agreed upon with them. Imam (as) said: "He is entitled to the rent of its houses, except for what is already in the possession of its cultivators (dahaaqeen), unless he stipulated with the landowners to include what is in the possession of the cultivators."

"If you lease land with the consent of its owners, based on specific conditions you agreed upon with them, then any surplus from its cultivation belongs to you, provided you fulfill your agreement with them. If you repair anything in it or construct buildings on it, then you are entitled to the rent of its buildings, except for what is already in the possession of its cultivators (dahaaqeen)."

I asked Imam (as) about a man who rented land for one thousand dirhams, then subleased part of it for two hundred dirhams. Later, the owner of the land who had leased it to him said: "I will join you in it under the same terms you rented it, and we will spend on it together, and whatever profit it yields will be shared between you and me." Imam (as) said: "There is no harm in that."

I asked Abu Abdillah (as) about a man who rented land from another man and said: "Rent it to me for such-and-such amount, whether I cultivate it or not, I will pay you that amount." However, the man did not cultivate the land. Imam (as) said: "The owner has the right to claim the payment. If he wishes, he may waive it, and if he wishes, he may not waive it."

"Do not rent land in exchange for dates, wheat, barley, water shares (arbi'a'), or surplus water (nitaaf)." I asked: "What is arbi'a'?" Imam (as) said: "It means water shares, and nitaaf refers to surplus water. However, you may lease the land for gold, silver, half, a third, or a quarter."

"He is responsible for paying the rent. The landlord should evaluate the plants and crops, and compensate the tenant if he had sought permission for planting them. However, if the tenant did not seek permission, he is still responsible for paying the rent, but the plants and crops belong to him. He may uproot them and take them wherever he wishes."

I said to him, "May I be your ransom, we have lands that contain waterwheels and pastures, and some of us have sheep and camels and need these pastures for them. Is it permissible for him to reserve the pastures for his own need?" Imam (as) said: "If the land is his, then he may reserve it and allocate it according to his needs." I then asked him, "Can a man sell the pasture?" Imam (as) said: "If the land is his, then there is no harm in it."

I said to Abu Abdillah (as): "I partner with a non-Muslim (al-ilj) in such a way that the land, cattle, and seeds are provided by me, and the non-Muslim is responsible for managing, working, and cultivating the crops until they become wheat or barley. Afterward, harvest is divided, the authorities take their share, and from the remaining portion, the non-Muslim receives one-third while I take the rest." Imam (as) said: "There is no harm in that." I then asked: "Is he required to return to me what I spent on the seeds and then divide the remaining harvest?" Imam (as) said: "No. You partnered with him based on the agreement that the seeds, cattle, and land are provided by you, while he is responsible for the labor and effort."

Abu Abdillah (as) was asked about a piece of land that a man wanted to lease. He was asked which form of leasing (qabalah) is permissible. Imam (as) said: "He may lease it from its owners for a specified amount and for a specified number of years. He should cultivate it and pay the required tax (kharaj). However, if there are non-Muslim laborers (ʿuluj) working on it, he must not include them in the lease agreement, for that is not permissible."

Abu Abdillah (as) was asked about a man who leases land from the landowners (dahaaqeen) and then subleases it for more than what he leased it for, while also being responsible for paying the taxes required by the authorities. Imam (as) said: "There is no harm in that. Land is not like a hired worker or a rented house, as the profit from a worker or a house is prohibited."

Hadith.3901 - If a man rents a house for ten dirhams, lives in two-thirds of it, and subleases one-third of it for ten dirhams, there is no harm in that. However, he must not sublease it for more than what he rented it for.

"If you rent land and spend on it or maintain it, then there is no harm in what you have described."

"Abu Ja'far Imam Muhammad ibn Ali Al-Baqir (as) used to say: If an orchard containing palm trees and other trees is sold for one year, it should not be sold until its fruits have ripened. However, if it is sold for two or three years, then there is no harm in selling it as long as there is some greenery present in it."

"He should not specify shares for the oxen or the seeds. Instead, he should say to the landowner, 'I will cultivate your land, and you will receive such-and-such portion of what Allah (swt), the Mighty and Glorious, produces from it.'"

Hadith.3905 - Abu Al-Rabi' said that Abu Abdillah (as) was asked about a man who comes to the people of a village that has been overburdened by the authorities, making them unable to pay its taxes. The village remains in their possession, but it is unclear whether it fully belongs to them or if others have a share in it. They hand over the village to him on the condition that he pays its taxes. He takes possession of it, pays the taxes, and ends up with a significant surplus. Imam (as) said: "There is no harm in that, as long as such an agreement was made with them."

I asked Imam (as) about farming partnerships with the people of kharaj lands based on a quarter, a third, or half of the yield. Imam (as) said: "There is no harm in it. Indeed, the Messenger of Allah (swt) (peace and blessings be upon him and his family) made an agreement with the Jews of Khaybar when it was conquered, granting them the land based on 'al-khabr,' and 'al-khabr' means half."

"Cultivate and plant! By Allah (swt), people have not engaged in any work more lawful and pure than this. By Allah (swt), they will continue to cultivate crops and date palms even after the emergence of the Dajjal."

"Do not rent land with wheat and then plant it with wheat."

I asked Abu Al-Hasan (as) about a man whose farmer plants saffron for him and guarantees to pay him a specified amount of dirhams for each measured jarib of land. Sometimes the yield is less, causing a loss, and sometimes it is more, yielding a profit. Imam (as) said: "There is no harm in it if they mutually agree."

I asked Abu Al-Hasan (as) about a man who rents a house or a boat from another man for a year, more, or less. Imam (as) said: "The lease is binding until the agreed-upon time. As for the payment of the rent, it is up to the owner, if he wishes, he may take it, and if he wishes, he may waive it."

Hadith.3911 - Ali the goldsmith asked Abu Abdillah (as): "I take on work and then hire young workers to assist me, giving them two-thirds of the earnings. Is this permissible?" Imam (as) said: "This is not permissible unless you work alongside them." I said: "What if I melt the gold for them?" Imam (as) said: "That is considered work, so there is no harm in it."

I said to Abu Abdillah (as), "I take on garments to sew and then give them to young workers, keeping one-third and giving them two-thirds. Is this permissible?" Imam (as) said: "Don't you also work on them?" I said: "I cut the fabric and buy the threads for them." Imam (as) said: "There is no harm in that."

I entered Medina looking for a house to rent. I came across a property with two rooms separated by a door, and a woman was living there. She said: "Would you like to rent this room?" I said: "But there is a door between the two rooms, and I am a young man." She said: "I will close the door between me and you." So, I moved my belongings into the room and said to her: "Close the door." She said: "I need it open for ventilation. Leave it." I replied: "No, I am a young man, and you are a young woman, close it." She said: "Stay in your room. I will not come to you or approach you," but she refused to close the door. So I went to Abu Abdillah (as) and asked him about this matter. Imam (as) said: "Move out of there, for when a man and a woman are left alone in a house, the third one among them is Satan."

Hadith.3914 - Abu Hammam wrote to Abu Al-Hasan (as) regarding a man who rented a property from another man. The landlord then sold the property in the presence of the tenant, who did not object to the sale and witnessed it. The buyer later died, leaving heirs. The question was whether the property would revert to the heirs as inheritance or remain with the tenant until the lease period ended. Imam (as) wrote in response: "It remains in the hands of the tenant until the lease period ends."

I heard Abu Abdillah (as) say: "Indeed, Allah (swt), the Mighty and Glorious, chose farming and cultivation for His prophets (peace be upon them) so that they would not dislike anything from the rainfall."

Hadith.3916 - Imam Ali ibn Abi Talib (as) was asked about the saying of Allah (swt), the Mighty and Glorious: "And upon Allah (swt) let the reliant rely" (Surah Ibrahim 14:12). Imam (as) said: "It refers to the farmers."