of its produce is that the Messenger of Allah, may Allah bless him and grant him peace, entrusted the land and date palms of Khaybar to its Jews in return for half of their produce. They interpreted muhāqala as purchasing standing crops in exchange for wheat. This, however, is incorrect, because an explicit report from the Prophet, may Allah bless him and grant him peace, transmitted by Rāfi‘ ibn Khadīj, prohibits leasing land for a third or a quarter of its produce, or for food. Moreover, the hadith concerning irrigation partnerships admits of Mālik’s interpretation, may Allah have mercy on him: the land consisted of small plots amid extensive groves.
Others held that land may be leased for a share of its produce, but not for a guaranteed amount of what it produces. This is the position of al-Layth ibn Sa‘d. They cite “Ibn ‘Umar’s hadith concerning the Messenger of Allah, may Allah bless him and grant him peace, entrusting the date palms and land of Khaybar to its Jews, on condition that they tend and cultivate them in return for half of their produce.” They said that this is an authentic hadith, more authentic than the reports of Rāfi‘ ibn Khadīj, whose texts are inconsistent.
Ibn Nāfi‘, one of Mālik’s followers, said: Land may not be leased for wheat, barley, or hull-less barley, but it may be leased for anything else, provided that the crop grown on it differs from what is paid as rent. Ibn Kināna said: Land may be leased for anything that would not germinate if sown in it. ‘Īsā ibn Dīnār also adopted this view.
All these positions, however, are open to objection. The correct position in this matter is therefore what we have already related from Mālik and the majority of his followers: land may not be leased in return for anything that it produces and that grows in it, whether food or otherwise. This is because the Messenger of Allah, may Allah bless him and grant him peace, prohibited mukhābara, meaning leasing land in return for a portion of the crops grown on it. Nor may it be leased for any food, even if that food is not produced on it, because he, may Allah bless him and grant him peace, prohibited muhāqala, meaning leasing land in return for wheat. The same applies to all food, since it falls under the same ruling as wheat. This has also been explicitly reported from the Prophet, peace be upon him, through Rāfi‘ ibn Khadīj, who said: The Messenger of Allah, may Allah bless him and grant him peace, said:
“Whoever owns land should cultivate it himself or let his brother cultivate it; he should not lease it for a third or a quarter of its produce, or for food.”
Apart from these two forms of payment, land may be leased for dinars, dirhams, or goods, whether individually identified and known, or owed under an obligation and specified by description. The reported prohibition of the Prophet, may Allah bless him and grant him peace, against leasing farmland is not unrestricted: it was issued in response to a particular circumstance and is therefore confined to that circumstance. For people used, during the time of