Regarding the Leasing of As-Saniya and Ruling on Farming

প্রশ্ন · Question

1- Can we say that the Manat of the ruling (the land) changes in the
case of As-Saniya, since it has become a land that include facilities that
are a part of it and it is not a bare land?
2- If a land is not specified for farming production such as producing
decoration flowers or plant (nurseries) or for farming animals will the
Manat of the ruling also changes?
3- Is leasing of land allowed in the above situations?

Wassalamu Alaikum Wa Rahmatullah Wa Barakaatuhu

উত্তর · Answer

Wa Alaikum us Salaam Wa Rahmatullah Wa Barakaatuhu
1- The meaning of bare is that the land is for farming, i.e. that it is
specified for farming but is not farmed yet , leasing of this land is
prohibited, from the evidences for this:
روى رافع بن خديج قال نَّ
َ
«
تَاهُ فَقَالَ: نَهََ رَسُولُ اللَّهِ
َ
بَعْضَ عُمُومَتِهِ أ صلَّ الله عليه وسلم مْرٍ كَانَ لَنَا نَافِعاً،
َ
عَنْ أ
قَالَ نْفَعُ. قَالَ: قُلْنَا: وَمَا ذَاكَ؟ قَالَ:
َ
نْفَعُ لَنَا وَأ
َ
وَطَوَاعِيَةُ رَسُولِ اللهِ صلَ الله عليه وسلم أ
خَاهُ، وَلا يُكَارِي هَا
َ
وْ لِيُْ ْرِعْهَا أ
َ
رْضٌ فَلْيَْ ْرَعْهَا أ
َ
رَسُولُ اللَّهِ صلَ الله عليه وسلم: مَنْ كَانَتْ لَهُ أ
أخرجه أبو داود بِثُلُثٍ وَلا بِرُب ُعٍ وَلا بِطَعَامٍ مُسَمًّى
Narrated by Rafi' Bin Khadeej that he said: "We used to Farm
(Nukhabir) at the time of the Messenger of Allah ﷺso he mentioned
that one of his relatives came to him and said: the Prophet ﷺ
prohibited a matter that delivered a lot of benefit to us, but the
obedience to the Prophet is of a greater benefit to us. He said: we
said: and what is that matter then? He said the Prophet ﷺ said:
"Whoever has land, he has to plant it or let his brother plant it, and
he cannot lease it for its third or fourth or a specified food."
The Mukhabara is the farming.
2- If it was not bare, i.e. it was planted with trees which requires care,
leasing it in this situation is called Musaqat, and it is permitted, even if
between the trees there are small spaces of land that are farmed,
because in this situation this land will be part of the trees, so caring for
the trees is the basis. From the evidences of Musaqat:
أخرج البخاري عن نافع أن عبد الله بن عمر رض ي الله عنهما أخبره نَّ النَّنِْيَّ صلَ الله عليه
َ
«
زْوَاجَهُ مِائَةَ وَسْقٍ
َ
وْ زَرْعٍ، فَكَانَ يُعْطِي أ
َ
وسلم عَامَلَ خَيْيََْ بِشَطْرِ مَا يَخْرُجُ مِنْهَا مِنْ ثَمَرٍ أ
ثَمَانُونَ وَسْقَ تَمْرٍ وَعِشُِّْونَ وَسْقَ شَعِيٍْ

Bukhari extracted from Nafi' that Abdullah Bin Omar (may Allah be
pleased with both of them) said to him: "The Prophet ﷺ permitted
the lease of the land of Khaybar for a fraction of what it produces
of fruits or crops, he ﷺ gave his wives one hundred wasaq: eighty
wasaq of dates, and twenty wasaq's of barley..."
The land of Khaybar was planted with trees and between the trees
were spaces that were farmed. This is clear from the hadeeth: «ثَمَانُونَ
وَسْقَ تَمْرٍ وَعِشُِّْونَ وَسْقَ شَعِيٍْ » "Eighty wasaq of dates and twenty
wasaq of barley..."
Trees were the majority on the land, the Prophet ﷺ leased it for a
specific wage in return, and i.e. he permitted its lease because it was
planted with trees which is called Musaqat i.e. caring for the trees.
3- If the land specified for farming has what you call As -Saniya in the
details that you have mentioned i.e. "the land with irrigation
equipments or watering like a well or some buildings like a house, a
stable ... and the rest of the land is not farmed, because it is
considered bare as long as it is not farmed." Its leasing for agriculture
is not allowed, and the existing channels or the buildings do not affect
this. Because it is bare as long as it is not farmed.
It seems that you were confused over the meaning of bare and you
thought that the bare land is the one that has no facilities... Bare land
means the land which is not farmed. This way the land which is not
farmed is considered bare even if it had a house as long as the lease is
for its farming.
4- As for leasing of land for non -farming production, i.e. not for
farming, it is permitted, nothing is wrong with it because what is
prohibited is the lease for farming. If the lease was for building a
manufacturing workshop or for a car park, or an exhibition for selling
products, or for cattle farming, all is permitted. They are not prohibited
because they are not farming, also this includes leasing the land to

produce decoration flowers or for plant nurseries as long as the plants
are not farmed on the leased land, but are planted on pots and specific
basins; which is well known of plant nurseries and decoration plant
farms, like flowers. The land is used only to place the basins on it, the
plants are planted in the basins not on the land. In this case, the lease
of the land is not prohibited, because this is not leasing the land for
farming, and it does not come under the evidences of the prohibition
of leasing the land for farming, rather it comes under the evidences
that permit Ijara (lease).
Your brother,
Abu Yasin