Azami 5762

Muslim narrated it in Musaqah (1554:17) via Sufyan bin Uyayna, from Humayd Aaraj, from Sulayman bin Atiq, from Jabir, and he related it. "...years, and he ordered the waiving of crop damages."Shafii also narrated it in Umm (3/56) from Sufyan with his chain, and in it, the Messenger of Allah ﷺ forbade selling fruit years in advance "and ordered the waiving of crop damages."Shafii said, "I heard Sufyan narrate this hadith many times over the long period I sat with him. I cannot count how often I heard him narrate it, so frequently that many times he would not mention in it the phrase about 'the waiving of crop damages,' saying no more than that the Prophet ﷺ forbade selling fruit years in advance. Then afterward he would add, 'and he ordered the waiving of crop damages.'"Shafii said, Sufyan said, "Humayd used to mention, after the phrase about selling fruit years in advance, some words before the phrase about waiving crop damages that I do not remember, so I would refrain from mentioning the waiving of crop damages, because I did not know what those words were. Yet the hadith does contain 'he ordered the waiving of crop damages.'"Up to where he said, "It is possible that the words which Sufyan did not remember, from Humayd's narration, from Humayd, indicate that his command to waive the damages was similar to his command to settle for half, and similar to his command regarding voluntary charity, meant as encouragement toward good rather than as a binding obligation, and things of that kind. But it is also possible that something else is meant. Since the hadith could carry both meanings together, and there was nothing in it indicating which of the two was more likely, it was not permissible in our view (and Allah knows best) to rule that people must waive what is rightfully due to them in their property, without a report from the Messenger of Allah ﷺ establishing that its waiving is obligatory." End of quote.