Muhammad ibn Nasr narrated to us: Hassān ibn Ibrāhīm narrated to us, from Hammād ibn Salama, from Yahyā, from Ismā‘īl ibn Hakīm, that ‘Umar ibn al-Khattāb expelled the people of Najrān, Fadak, and Khaybar and appointed Ya‘lā ibn Munya as administrator. Ya‘lā entrusted the grapevines and date palms to cultivators on condition that ‘Umar receive two-thirds of the yield and they receive one-third. He also assigned the bare ground—meaning the bare land—on these terms: if the wheat, cattle, and iron implements were supplied by ‘Umar, he would receive two-thirds and they would receive one-third; if these were supplied by the cultivators, ‘Umar would receive half and they would receive half.

Thus ‘Umar, may Allah be pleased with him, and his administrator Ya‘lā ibn Munya, a Companion of the Messenger of Allah, peace and blessings be upon him, put both arrangements into practice during ‘Umar’s caliphate, permitting the seed to be supplied either by the landowner or by the cultivator.

Harb also said:

Abū Ma‘n narrated to us: Mu’ammal narrated to us: Sufyān narrated to us, from al-Hārith ibn Hasīra al-Azdī, from Sakhr ibn al-Walīd, from ‘Amr ibn Sulay‘ ibn Muhārib, who said:

“A man came to ‘Alī ibn Abī Tālib and said, ‘So-and-so has taken some land and worked it, doing such-and-such.’ ‘Alī summoned him and asked, ‘What is this land you have taken?’

“He replied, ‘It is land I have taken on the understanding that I dredge its canals, improve it, and cultivate it. Whatever Allah causes it to produce, I receive half and its owner receives half.’

“‘Alī said, ‘There is nothing wrong with this.’”

The apparent meaning is that the cultivator supplied the seed, and ‘Alī did not forbid him to do so. It is enough that the man’s question was unqualified and that ‘Alī’s answer was likewise unqualified.

As for analogical reasoning, we have already explained that this transaction is a form of partnership, not