but instructed them to treat one another kindly.” Muslim reported this in summary, as did al-Tirmidhī, who said: “A good and authentic hadith.”
Tāwūs reported from Ibn ʿAbbās that the Prophet, peace and blessings be upon him, merely called them to what was better: granting the use of their land free of charge. Tāwūs said: “I help them and give to them.”
The Prophet, peace and blessings be upon him, enjoined kindness. Some forms of it are obligatory, such as refraining from usury and transactions involving uncertainty; others are recommended, such as lending property for use and making loans.
Since granting the use of land without rent is an act of kindness, a Muslim has the greater claim to it. Thus he said:
“For one of you to grant his brother the use of his land free of charge is better for him than taking a specified rent for it.”
He also said:
“Whoever has land should cultivate it, grant his brother its use free of charge, or keep it.”
Thus, it was one’s brother who was to be granted its use. Since the People of the Book were not among these brethren, the Prophet, peace and blessings be upon him, entered into cultivation agreements with them rather than granting them its use free of charge. This is especially so because charitable giving should come only from surplus wealth. If someone needs the benefit of his land, it is not recommended that he grant its use free of charge. The Muslims needed the benefit of the land of Khaybar; likewise, in the early days of Islam, the Ansār (Helpers) needed their land when they entered into cultivation agreements with the Muhājirūn (Emigrants).
Islamic law may make charitable giving obligatory in times of need. Thus, the Prophet, peace and blessings be upon him, forbade them to store the meat of sacrificial animals because of the group of needy people who had arrived, so that they would feed the hungry, since feeding them was obligatory. Accordingly, when the Muslims needed the benefit of the land while its owners had no need of it, he forbade them to take compensation for it