Is the report prohibiting Mukhabarah binding and does it abrogate the practice of Musaqah?
General Chapter
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
The report prohibiting Mukhabarah, as narrated by Rafi' ibn Khadij, must be interpreted in a manner that does not contradict established consensus (Ijma) and the consistent practice of the Prophet (PBUH) and the Caliphs afterward. Since the Prophet (PBUH) continuously contracted with the people of Khaybar until his death, and the Caliphs followed this practice, any contradictory narration must be reconciled. The retraction of Ibn Umar from the practice suggests he returned from specific corrupt forms of dealings mentioned in Rafi's narration, not from the fundamental validity of Musaqah itself.
Supporting text
The report of Rafi' might be explained by other authentic narrations suggesting the prohibition referred to specific corrupt forms of land leasing or receiving a fixed known tax, not the standard Musaqah agreed upon. Jurists like Tawus reported that Ibn Abbas stated the Prophet (PBUH) did not forbid it, but preferred giving land to a brother rather than taking a known rent. Zayd ibn Thabit also disputed the report of Rafi'.