3405 - Abu Hafs 'Umar ibn Yazid al-Sayyari narrated to us, 'Abbad ibn al-'Awwam narrated to us, from Sufyan ibn Husayn, from Yunus ibn 'Ubayd, from 'Ata'
from Jabir ibn 'Abd Allah, who said: The Messenger of Allah, peace and blessings be upon him, prohibited al-muzabanah, al-muhaqalah, and the exclusion (al-thunyah) unless it is known(1).--------------------------------------------
= Jabir ibn 'Abd Allah. They did not mention in their narrations al-mu'awamah, and some of them do not mention al-thunyah. And some of them do not mention al-'araya. The wording of Abu Salamah is: He prohibited al-mukhadarah and al-muzabanah.
Al-Nasa'i (3882) narrated via the path of Yazid ibn Nu'aym, from Jabir: that the Prophet, peace and blessings be upon him, prohibited al-haql, which is al-muzabanah.
It is in "Musnad Ahmad" (14358) and "Sahih Ibn Hibban" (4992).
The prohibition of selling al-mu'awamah — which is selling by years — has already been mentioned with this chain of transmission under number (3375).
And see what follows it.
Al-Khattabi said: "Al-muhaqalah" is selling the crop for grain, and "al-mukhabarah" is sharecropping (al-muzara'ah), and al-khabir is the cultivator. "Al-muzabanah" is selling fresh dates for dried dates. As for "al-mu'awamah," it is selling by years, meaning that he sells him the fruit of a specific palm tree or palm trees for one year, two years, or more, and it is an invalid sale, because it is the sale of something that does not yet exist, has not been created, and it is not known whether it will bear fruit or not. And the prohibited sale of "al-thunyah" is that he sells him the fruit of his orchard and excludes from it an unknown portion, which invalidates the sale, because the sold item at that point is unknown. If what he excludes is something known — like a third, a fourth, or the like — then it is permissible. Likewise, if he sells him a heap of food by estimation (jizafan) and excludes from it a qafiz or two qafizes, it is permissible, because he has excluded something known from something known.
Ibn al-Qayyim said in his "Hashiytah on the Sunan": The mukhabarah that the Messenger of Allah, peace and blessings be upon him, prohibited them from is the one they used to practice of the oppressive, unjust mukhabarah, and it is the one that has come explained in their hadiths. The absolute prohibition applies to it, not to what he himself, his caliphs, and his companions after him practiced, as we have clarified.
(1) Its chain of transmission is sound. 'Ata: he is Ibn Abi Rabah. =