10.6 禁止租赁土地
10.6 Preventing the Leasing of Land
对于地主而言,无论他拥有土地的所有权与收益权,还是仅拥有收益权;无论该土地是什一地还是哈拉吉地;也无论租金是钱款还是其他物品,他绝对不被允许将土地出租用于耕种。他也不被允许以土地所产出的一部分作物为租金,或以其他非食物之物为租金,或以土地所产出的任何其他东西为租金,因为这被视为租赁,而以租赁方式耕种土地绝对是不允许的。 布哈里传述,安拉的使者ﷺ说:“谁有土地,就让他自己种植,或者把它给予他的兄弟。如果他不愿意,就让他留着他的土地。” 穆斯林也传述:“安拉的使者ﷺ禁止以土地收取租金或分成。” 奈萨仪的《圣训集》中载有:“安拉的使者ﷺ禁止租赁土地。我们说:‘安拉的先知啊,我们可以用一部分谷物来租赁它吗?’他说:‘不可以。’我们说:‘我们过去是用秸秆来租赁它。’他ﷺ说:‘不可以。’我们说:‘我们过去是以灌溉用的Rabee'a(小溪)来换取租金。’他ﷺ说:‘不可以,你们要自己种植,或者把它给予你们的兄弟。’”所谓Rabee'a,指的是小溪,即以种植靠近水边的那部分土地为交换条件来出租。 有可靠的传述:安拉的使者ﷺ禁止以土地收取租金或分成,也禁止以土地三分之一或四分之一的收成来出租。 艾布·达乌德从拉菲尔·本·赫growth杰伊传述,先知ﷺ还说:“谁有土地,就必须自己种植,或让他的兄弟种植,不得以其三分之一、四分之一或某种特定的食物来出租。” 布哈里从拿菲尔传述,他说:“阿卜杜拉·本·欧麦尔听闻拉菲尔·本·赫growth杰伊说,安拉的使者ﷺ禁止出租土地。” 所以,阿卜杜拉·本·欧麦尔前往拉菲尔那里,我也跟他一同前去,询问拉菲尔。拉菲尔说:安拉的使者ﷺ曾禁止租赁土地。纳菲尔还提到,阿卜杜拉·本·欧麦尔已经放弃了租赁土地。
A landlord is absolutely not allowed to lease his land for farming, whether He possessed both its neck and benefit, or He possessed its benefit only, whether the land was ’Ushri land or Kharaji land and whether its rent was money or something else. He is also not allowed to lease the land for a part of its food production or for something else other than the food, or for any other thing which it produces at all, because this is considered leasing, and leasing land for farming is absolutely not allowed. It was narrated by al-Bukhari that the Messenger of Allah (pbuh) said: “Whoever has land let Him plant upon it or grant it to his brother. If He declined let Him hold his land.” Muslim also narrated, “The Messenger of Allah (pbuh) forbade a rent or a share be taken for the land.” The Sunan of An-Nisai states: “The Messenger of Allah (pbuh) forbade leasing the land.We said, ‘O Prophet (pbuh) of Allah, can we then lease it for some of the grain.” He said, ‘No.’ We said, ‘We used to lease it for the straw.’ He (pbuh) said, ‘No.’We said, ‘We used to lease it in return of that on the irrigating Rabee’a.’ He (pbuh) said, ‘No, plant it or grant it to your brother.’” What is meant by Rabee’a is the small stream, that is to lease it in exchange for planting the part which is alongside the water. It was soundly narrated that the Messenger of Allah (pbuh) forbade a rent or a share to be taken for the land, or to be leased for a third or a fourth of its harvest. Abu Dawud has narrated from Rafi’a ibn Khadeej that the Prophet (pbuh) also said, “Whoever has land, He has to plant upon it or let his brother plant upon it, and He cannot lease it for its third or fourth or a specified food.” Bukhari narrated from Nafi’, who said, “’Abdullah ibn ’Umar was told from Rafi’a ibn Khadeej, who had said that the Messenger of Allah (pbuh) forbade the leasing of land. So ’Abdullah ibn ’Umar went to Rafi’a and I went with Him to ask Rafi’a who said: The Messenger of Allah (pbuh) had forbidden the leasing of land.” Nafi’a also mentioned that ’Abdullah ibn ’Umar had given up the leasing of the land.