The Chapters on Pawning

It was narrated that Rafi` bin Khadij said: “The Messenger of Allah (ﷺ) said: 'Whoever cultivates people`s land without their permission, he has no right to any produce, but he should be recompensed for his expenditure.' ”

It was narrated from Ibn `Umar that : the Messenger of Allah (ﷺ) entered into a contract with the people of Khaibar for one half of the fruits or crops yielded.

It was narrated that Anas bin Malik said: “When the Messenger of Allah (ﷺ) gave Khaibar to its people in return of its palm trees and land.

It was narrated that Anas bin Malik said: “When the Messenger of Allah (ﷺ) conquered Khaibar, he gave it (to its people) in return for half (of its yield).”

It was narrated from Simak that the heard Musa bin Talhah bin `Ubaidullah narrating that his father said: “I passed by some palm trees with the Messenger of Allah (ﷺ) and he saw some people pollinating the trees. He said: 'What are these people doing?' They said: 'They are taking something from the male part (of the plant) and putting it in the female part.' He said: 'I do not think that this will do any good.' News of that reached them, so they stopped doing it, and their yield declined. News of that reached the Prophet (ﷺ) and he said: 'That was only my thought. If it will do any good, then do it. I am only a human being like you, and what I think may be right or wrong. But When I tell you: “Allah (SWT) says,” I will never tell lies about Allah (SWT).' ”

It was narrated from 'Aisha that the Prophet (ﷺ) heard some sounds and said: “What is this noise?” They said: “Palm trees that are being pollinated.” He said: “If they did not do that it would be better.” So they did not pollinate them that year, and the dates did not mature properly. they mentioned that to the Prophet (ﷺ) and he said: “If it is one of the matters of your religion, then refer to me.”

It was narrated from Ibn 'Abbas that the Messenger of Allah (ﷺ) said: “The Muslims are partners in three things: water, pasture and fire, and their price is unlawful.”

It was narrated from Abu Hurairah that the Messenger of Allah (ﷺ) said: “Three things cannot be denied to anyone: water, pasture and fire.”

It was narrated that 'Aishah said: “O Messenger of Allah (ﷺ), what are the things which are not permissible to withhold?” He said: “Water, salt and fire.” She said: “I said: 'O Messenger of Allah (ﷺ), we know what water is, but what about salt and fire?” He said: “O Humaira', whoever gives fire (to another), it is as if he has given in charity all the food that is cooked on that fire. And whoever gives salt, it is as if he has given in charity all that the salt makes good. And whoever gives a Muslim water to drink when water is available, it is as if he freed a slave; and whoever gives a Muslim water to drink when there is no water available, it is as if he brought him back to life.”

It was narrated from Abyad bin Hammal: That he asked for a salt flat called the Ma'rib Dam to be given to him, and it was given to him. Then Aqra bin Habis At-Tamimi came to the Messenger of Allah (ﷺ) and said: “O Messenger of Allah (ﷺ), I used to come to the salt flat during the Ignorance period and it was in a land in which there was no water, and whoever came to it took from it. It was (plentiful) like flowing water.” So the Messenger of Allah (ﷺ) asked Abyad bin Hammal to give back his share of the salt flat. He said: “I give it to you on the basis that you make it charity given by me.” The Messenger of Allah said: “It is a charity from you, and it is like flowing water, whoever comes to it may take from it.”(One of the narrators) Faraj said: “That is how it is today, whoever comes to it takes from it.”He said: “The Prophet (ﷺ) gave him land and palm trees in Jurf Murad instead, when he took back the salt flat from him.”

It was narrated that Abu Minhal said: “I heard Iyas bin 'Abd Muzani say - when he saw people selling water: 'Do not sell water, for I heard the Messenger of Allah (ﷺ) forbidding selling of water.' ”

It was narrated that Jabir said: “The Messenger of Allah (ﷺ) forbade selling surplus water.”

It was narrated from Abu Hurairah that the Prophet (ﷺ) said: “No one of you should withhold surplus water from common pastureland.”

It was narrated from Aishah that the Messenger of Allah (ﷺ) said: “Surplus water should not be withheld, and neither should surplus water from a well.

It was narrated from 'Abdullah bin Zubair that : a man from among the Ansar had a dispute with Zubair in the presence of the Messenger of Allah (ﷺ) concerning the streams of the Harrah with which he irrigated his palm trees. The Ansari said: “Let the water flow,” but he refused. So they referred their dispute to the Messenger of Allah (ﷺ). The Messenger of Allah (ﷺ) said: “Irrigate (your trees) O Zubair, then let the water flow to your neighbor.” The Ansari became angry and said: “O Messenger of Allah (ﷺ), is it because he is your cousin (son of your paternal aunt)?” The expression of the Messenger of Allah (ﷺ) changed, then he said: “O Zubair, irrigate (your trees) then retain the water until it reaches the walls.” Zubair said: “I think this Verse was revealed concerning that: “But no, by your Lord, they make you (O Muhammad) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission [1].'” (Sahih) [1] An-Nisa 4.65

It was narrated that Tha'labah bin Abu Malik said: “The Messenger of Allah (ﷺ) ruled concerning the stream of Mahzur that the higher ground took precedence over the lower, so the higher ground should be irrigated until the water reached the ankles, then it should be released to those who were lower.

It was narrated from 'Amr bin Shu`aib, from his father, from his grandfather, that : the Messenger of Allah (ﷺ) ruled concerning the stream of Mahzur that the water should be retained until it reached the ankles, then released.

It was narrated from 'Ubadah bin Samit that : the Messenger of Allah (ﷺ) ruled concerning the irrigation of palm trees from streams, that the higher ground should be irrigated before the lower, and that the water should be allowed to reach the ankles, then released to flow the nearest lower ground, and so on, until all the fields were watered or until the water ran out.

It was narrated from Kathir bin 'Abdullah bin 'Amr bin 'Awf Al-Muzani, from his father, that his grandfather said: “The Messenger of Allah (ﷺ) said: 'Start with the horses on the day that you bring (the animals to drink).' ”

It was narrated from Ibn `Abbas that the Messenger of Allah (ﷺ) said: “Every division that was allocated according to (the rules of) the Ignorance days, stands as it is, and every division that was allocated according to (the rules of) Islam, stands according to the rules of Islam.”

It was narrated from 'Abdullah bin Mughaffal that the Prophet (ﷺ) said: “Whoever digs a well, is entitled to forty forearms' length surrounding it is as a resting place for his flocks.”

It was narrated from Abu Sa'eed Al-Khudri that the Messenger of Allah (ﷺ) said: “The land around a well (that is considered to be part of it) is the length of the well rope (in all directions).”

It was narrated from 'Ubadah bin Samit that : the Messenger of Allah (ﷺ) ruled concerning one, two or three date palms belonging to a man among other palm trees - when they differ concerning entitlement to the surrounding land. He ruled that the land around each of those trees, as far as their leaves reach, measured from the bottom of the tree, belongs to the owner of the tree.

It was narrated from Ibn 'Umar that the Messenger of Allah Said: “The land around a date-palm tree, as far as its branches reach, belongs to the owner of the tree.”

It was narrated that Sa'eed bin Huraith said: “I heard the Messenger of Allah (ﷺ) said: 'Whoever sells a house or property and does not use the money for something similar, deserves not to be blessed therein.' ”

It was narrated from Hudhaifah bin Yaman that the Messenger of Allah (ﷺ) said: “Whoever sells a house and does not use the money for something similar, will not to be blessed therein.' ”