Chapter on the Sale of Pasture, Crops, Trees, Lands, Servants, Water Rights, and Real Estate

Hadith.3861 - Aban narrated from Isma'il bin Al-Fadl who said: I asked Abu Abdillah (as) about selling pasture when it is irrigated by flowing water, where a man directs his water to the land, irrigates the grass, and he is the one who dug the canal and owns the water, planting with it whatever he wishes. Imam (as) said: "If the water is his, then he may plant with it whatever he wishes and sell it for whatever he likes."

Translation: Bab Ul Qaim Publications·Thaqalayn link·The Arabic above is the original.

Hadith.3862 - Sama'ah asked him about purchasing fodder crops, where a man buys them but does not harvest them, and then decides to leave them until they produce spikes of barley or wheat. He had bought them from their roots, and any tax due on them was the responsibility of the cultivator. Imam (as) said: "If he stipulated at the time of purchase that he may either cut them as fodder or leave them as they are until they produce spikes, then there is no harm. Otherwise, it is not proper for him to leave them until they produce spikes."

Translation: Bab Ul Qaim Publications·Thaqalayn link·The Arabic above is the original.

Hadith.3863 - Sama'ah asked him about a man who purchased grazing land for fifty dirhams, or more or less, to graze his livestock, and then wanted to allow others to graze with him and charge them a fee. Imam (as) said: "He may allow others to graze with him for part of what he paid. For example, if he includes others for forty-nine dirhams and his livestock grazes for one dirham, there is no harm in it. However, he is not allowed to sell the grazing rights for fifty dirhams and graze with them unless he has done some work on the pasture, such as digging a well or channeling a stream with the consent of the pasture owners. In that case, there is no harm in selling it for more than what he purchased it for, because he has added value through his work, making it permissible for him."

Translation: Bab Ul Qaim Publications·Thaqalayn link·The Arabic above is the original.

Hadith.3864 - Sulaiman bin Khalid narrated from Abu Abdillah (as) who said: "I dislike renting a millstone alone and then leasing it out for more than what I rented it for, unless I make improvements to it or incur expenses related to it."

Translation: Bab Ul Qaim Publications·Thaqalayn link·The Arabic above is the original.

Hadith.3865 - In a narration from Ishaq bin Ammar, from Abu Basir, from Abu Abdillah (as), who said: "If you lease land with gold or silver, do not lease it out for more than what you leased it for, because gold and silver are fixed commodities."

Translation: Bab Ul Qaim Publications·Thaqalayn link·The Arabic above is the original.

Hadith.3866 - It is narrated from Ali bin Abi Hamzah, from Abu Basir, from Abu Abdillah (as), who said: I asked him about purchasing wheat and barley crops before they produce spikes while they are still grass. Imam (as) said: "No, unless he buys it as fodder to feed animals, and then, if he wishes, he may leave it until it produces spikes."

Translation: Bab Ul Qaim Publications·Thaqalayn link·The Arabic above is the original.

Hadith.3867 - It is narrated from Sa'id bin Yasar who said: I asked Abu Abdillah (as) about a man who has a share of water usage in a canal along with others, and they are partners in it. If some of them no longer need their share of the water, can they sell it? Imam (as) said: "Yes, if he wishes, he may sell it for silver coins, or if he wishes, he may sell it for a measure of wheat."

Translation: Bab Ul Qaim Publications·Thaqalayn link·The Arabic above is the original.

Hadith.3868 - Sama'ah asked him about a man who cultivates one hundred jaribs of crops, whether food or other plants, using his own seeds. Then another man comes to him and says, "Take half of my seeds and half of my expenses for this land so that I may share the partnership with you." Imam (as) said: "There is no harm in that."

Translation: Bab Ul Qaim Publications·Thaqalayn link·The Arabic above is the original.

Hadith.3869 - Sama'ah asked him about a man who purchased fodder crops but did not harvest them and left them until they turned into barley. He had stipulated with the landowner at the time of purchase that any incident or damage would be the responsibility of the landowner. Imam (as) said: "If he stipulated with the landowner at the time of purchase that he may leave it to grow into spikes or cut it as fodder, then he is bound by his condition. However, if he did not stipulate this, it is not proper for him to leave it until it becomes spikes. If he does so, then he is responsible for its tax and expenses, and he is entitled to what it produces."

Translation: Bab Ul Qaim Publications·Thaqalayn link·The Arabic above is the original.

Hadith.3870 - It is narrated from Muhammad bin Ali bin Mahbub who said: A man wrote to the 'Jurist' (Imam Hasan ibn Ali Al-Askari (as)) regarding a case where a man had a mill situated on a river that passed through a village. The village belonged to one or two men. The owner of the village wanted to divert the water to his village through a different channel, which would disable the mill. He asked whether he had the right to do so. The 'Jurist' Imam (as) responded: "He should fear Allah (swt) and act in a fair manner, and he should not harm his believing brother." He also asked about a man who had a canal in a village, and another man wanted to dig another canal above it. He inquired about the required distance between them so that one would not harm the other, especially if the land was either hard or soft. The 'Jurist' Imam (as) responded: "It should be done in such a way that neither of them harms the other, if Allah (swt) wills."

Translation: Bab Ul Qaim Publications·Thaqalayn link·The Arabic above is the original.

Hadith.3871 - The Messenger of Allah (swt) (peace and blessings be upon him and his family) ruled that the distance between two canals, if the land is soft, should be one thousand cubits, and if the land is hard, the distance should be five hundred cubits.

Translation: Bab Ul Qaim Publications·Thaqalayn link·The Arabic above is the original.

Hadith.3872 - Imam (as) ruled concerning the people of the desert that they should neither withhold surplus water nor sell excess pasture.

Translation: Bab Ul Qaim Publications·Thaqalayn link·The Arabic above is the original.

Hadith.3873 - Imam (as) ruled that the protected area around a well is forty cubits, and no other well may be dug next to it for watering livestock or sheep.

Translation: Bab Ul Qaim Publications·Thaqalayn link·The Arabic above is the original.

Hadith.3874 - Muhammad bin Sinan narrated from Abu Al-Hasan (as) who said: I asked him about the water of the valley. Imam (as) said: "Indeed, Muslims are partners in water, fire, and pasture."

Translation: Bab Ul Qaim Publications·Thaqalayn link·The Arabic above is the original.

Hadith.3875 - Umar bin Hanzalah narrated from Abu Abdillah (as) regarding a man who sold a piece of land, claiming it contained ten jaribs, and the buyer purchased it with its boundaries specified, paid the price, concluded the sale, and they separated. However, when the land was measured, it turned out to be only five jaribs. Imam (as) said: "If the buyer wishes, he may reclaim the excess amount of his payment and keep the land, or if he wishes, he may cancel the sale and take back all his money, unless the seller owns additional land adjacent to the specified boundaries and fulfills the remainder of the agreed quantity. In that case, the sale remains valid, and the seller must complete the agreed quantity. However, if the seller does not own any additional land in that area beyond what he sold, then the buyer has the option to keep the land and reclaim the excess amount of his payment, or cancel the sale entirely and recover all his money."

Translation: Bab Ul Qaim Publications·Thaqalayn link·The Arabic above is the original.