10.6 禁止租赁土地
10.6 Preventing the Leasing of Land
对于地主而言,无论他拥有土地的所有权与收益权,还是仅拥有收益权;无论该土地是什一地还是哈拉吉地;也无论租金是钱款还是其他物品,他绝对不被允许将土地出租用于耕种。他也不被允许以土地所产出的一部分作物为租金,或以其他非食物之物为租金,或以土地所产出的任何其他东西为租金,因为这被视为租赁,而以租赁方式耕种土地绝对是不允许的。 布哈里传述,安拉的使者ﷺ说:“谁有土地,就让他自己种植,或者把它给予他的兄弟。如果他不愿意,就让他留着他的土地。” 穆斯林也传述:“安拉的使者ﷺ禁止以土地收取租金或分成。” 奈萨仪的《圣训集》中载有:“安拉的使者ﷺ禁止租赁土地。我们说:‘安拉的先知啊,我们可以用一部分谷物来租赁它吗?’他说:‘不可以。’我们说:‘我们过去是用秸秆来租赁它。’他ﷺ说:‘不可以。’我们说:‘我们过去是以灌溉用的Rabee'a(小溪)来换取租金。’他ﷺ说:‘不可以,你们要自己种植,或者把它给予你们的兄弟。’”所谓Rabee'a,指的是小溪,即以种植靠近水边的那部分土地为交换条件来出租。 有可靠的传述:安拉的使者ﷺ禁止以土地收取租金或分成,也禁止以土地三分之一或四分之一的收成来出租。 艾布·达乌德从拉菲尔·本·赫growth杰伊传述,先知ﷺ还说:“谁有土地,就必须自己种植,或让他的兄弟种植,不得以其三分之一、四分之一或某种特定的食物来出租。” 布哈里从拿菲尔传述,他说:“阿卜杜拉·本·欧麦尔听闻拉菲尔·本·赫growth杰伊说,安拉的使者ﷺ禁止出租土地。” 所以,阿卜杜拉·本·欧麦尔前往拉菲尔那里,我也跟他一同前去,询问拉菲尔。拉菲尔说:安拉的使者ﷺ曾禁止租赁土地。纳菲尔还提到,阿卜杜拉·本·欧麦尔已经放弃了租赁土地。
A landlord is absolutely not allowed to lease his land for farming, whether He possessed both its neck and benefit, or He possessed its benefit only, whether the land was ’Ushri land or Kharaji land and whether its rent was money or something else. He is also not allowed to lease the land for a part of its food production or for something else other than the food, or for any other thing which it produces at all, because this is considered leasing, and leasing land for farming is absolutely not allowed. It was narrated by al-Bukhari that the Messenger of Allah (pbuh) said: “Whoever has land let Him plant upon it or grant it to his brother. If He declined let Him hold his land.” Muslim also narrated, “The Messenger of Allah (pbuh) forbade a rent or a share be taken for the land.” The Sunan of An-Nisai states: “The Messenger of Allah (pbuh) forbade leasing the land.We said, ‘O Prophet (pbuh) of Allah, can we then lease it for some of the grain.” He said, ‘No.’ We said, ‘We used to lease it for the straw.’ He (pbuh) said, ‘No.’We said, ‘We used to lease it in return of that on the irrigating Rabee’a.’ He (pbuh) said, ‘No, plant it or grant it to your brother.’” What is meant by Rabee’a is the small stream, that is to lease it in exchange for planting the part which is alongside the water. It was soundly narrated that the Messenger of Allah (pbuh) forbade a rent or a share to be taken for the land, or to be leased for a third or a fourth of its harvest. Abu Dawud has narrated from Rafi’a ibn Khadeej that the Prophet (pbuh) also said, “Whoever has land, He has to plant upon it or let his brother plant upon it, and He cannot lease it for its third or fourth or a specified food.” Bukhari narrated from Nafi’, who said, “’Abdullah ibn ’Umar was told from Rafi’a ibn Khadeej, who had said that the Messenger of Allah (pbuh) forbade the leasing of land. So ’Abdullah ibn ’Umar went to Rafi’a and I went with Him to ask Rafi’a who said: The Messenger of Allah (pbuh) had forbidden the leasing of land.” Nafi’a also mentioned that ’Abdullah ibn ’Umar had given up the leasing of the land.
这些圣训明确表明,安拉的使者(愿主福安之)禁止租赁土地。虽然"禁止"的字面含义只是要求停止,但有一个迹象(Qareena)表明这一命令是决定性的:他们对先知(愿主福安之)说:"我们以一部分谷物作为租金来租地。"他(愿主福安之)说:"不行。"然后他们又说:"我们过去是以秸秆作为租金来租的。"他(愿主福安之)说:"不行。"接着他们说:"我们过去是以Rabee'a(溪水流经之地的产出)作为租金来租的。"他(愿主福安之)说:"不行。"然后他又确认了这一点,说:"你们自己种植,或者把它给你们的兄弟。"他在此处坚持禁止,这表明了确认的意义。此外,在阿拉伯语中,确认分为字面上的确认(通过重复词语)和意义上的确认。在这段圣训中,词语被重复了,这就是确认。
These Ahadith explicitly show that the Messenger of Allah (pbuh) forbade leasing of land. Although forbidding means the order to leave only, there is an indication (Qareena) that this order is decisive; since they said to the Prophet (pbuh), “We lease for part of the grains.” He (pbuh) said, “No.” Then they said to him, “We used to lease it for the straw.” He (pbuh) said, “No.” Then they said, “We used to lease it for the Rabee’a.” He (pbuh) said, “No.” Then He confirmed this by saying, “Plant it or grant it to your brother.” His insistence in forbidding is clear here which denotes the confirmation. Moreover, confirmation in the Arabic language is either literal, by repeating the word or by meaning. In this Hadith, the word was repeated which means confirmation.
关于以土地的一半作为租金出租海拜尔土地的问题,此处不属于本议题,因为海拜尔的土地上种植着树木,并非平整空地(即没有树木)。其证据见于伊本·易思哈格在其《先知传记》中所载,他引述阿卜杜拉·伊本·艾布·伯克尔的说法:"安拉的使者(愿主赐予他平安)曾派阿卜杜拉·伊本·鲁瓦哈去海拜尔人那里,估算穆斯林与犹太人之间的果实,他便估算了他们的那一份。阿卜杜拉·伊本·鲁瓦哈在穆塔战役中殉教后,伯努·赛莱马部族的贾比尔·伊本·赛赫尔·伊本·欧麦叶·伊本·罕赛尔ā便负责估算海拜尔的果实。"估算即是在果实采收之前,确定树上果实的价值。显然,海拜尔的土地上种植着树木,而非平整的空地。其中所种植的作物面积小于树木所占的面积,因此种植部分在性质上随从树木部分。
With regard to leasing the land of Khaybar in return of its half, this is not part of this subject, because the land of Khaybar was planted with trees and not smooth (i.e empty of trees). The evidence for this was narrated by Ibn Ishaq in his Seerah of the Messenger of Allah (pbuh) from ’Abdullah ibn Abu Bakr, “The Messenger of Allah (pbuh) used to send ’Abdullah ibn Ruwahah to the people of Khaybar to estimate the fruits between Muslims and Jews, so He estimated their part. After ’Abdullah ibn Ruwahah was martyred at Mu’tah, Jabir ibn Sakhr ibn Umayyah ibn Khansa’a, brother of Bani Salama, used to estimate the fruits of Khaybar.” Estimation is to determine the value of the fruits on the trees before it is collected. It is clear that the land of Khaybar was planted with trees and not smooth land. The plants which it contained were of a lesser size than the area of the trees, so the planted part follows the trees part in its identity.
因此,哈巴尔的土地并不属于租赁的范畴;它实际上是分成耕作(Musaqat),这是被允许的。此外,在先知(愿主赐福他并使他平安)禁止之后,圣门弟子们便不再租赁土地,包括阿卜杜拉·伊本·欧麦尔在内,这表明他们理解了对租赁土地的禁止。
The land of Khaybar was therefore not subject to a matter of leasing; it was rather sharecropping (Musaqat), which is allowed. Furthermore, after the prohibition by the Messenger of Allah (pbuh), the Sahabah abstained from leasing land, including ’Abdullah ibn ’Umar, which indicated that they understood the prohibition of leasing the land.
然而,禁止租赁土地仅限于用于耕种的情况。如果租赁的用途不是耕种,则是允许的。人可以将土地租来作为白天放牧之地、牲畜的歇息之处,或作为储存食物的仓库,或用于耕种以外的任何用途。这是因为,从可靠的圣训中可以理解,禁止租赁土地针对的是为耕种而租赁。关于土地及与之相关事项的这些规定,阐明了沙里亚限定穆斯林通过耕种来增加其所有权的方式。
However, the prohibition of leasing the land is only if it is for farming. If its lease is for other than farming, it is allowed. A person is allowed to lease the land as a day pasture or a resting place (for cattle) or a warehouse for his foods, or to use it for anything other than farming. This is because the prohibition of the leasing of land is focused on its lease for farming, as is understood from the sound Ahadith. These rules of land and what is connected with it, explain the manner by which the Shar’a restricted the Muslim when He works to increase his ownership through farming.