Maalik ibn Aws ibn Al-Hadthaan narrated:
While I was at home, the sun rose high and it got hot. Suddenly the messenger of ‘Umar ibn Al- Khattab (may Allah be pleased with him) came to me and said, "The Commander of the Believers has sent for you." So, I went along with him till I entered the place where ‘Umar (may Allah be pleased with him) was sitting on a bedstead that is made of date-palm leaves and covered with no mattress, and he (may Allah be pleased with him) was leaning over a leather pillow. I greeted him and sat down. He (may Allah be pleased with him) said, "O Maali! Some persons of your people who have families came to me and I have ordered that a gift should be given to them, so take it and distribute it among them." I said, "O Commander of the Believers! I wish that you order someone else to do it." He (may Allah be pleased with him) said, "O man! Take it." While I was sitting there with him, his doormanYarfa’ came saying, "‘Uthmaan, ‘Abd Al-Rahmaan ibn ‘Awf, Al-Zubayr and Sa‘d ibn AbeeWaqqaas(may Allah be pleased with them) are asking your permission (to see you); may I admit them?" ‘Umar (may Allah be pleased with him) said, "Yes", So they were admitted and they came in, greeted him, and sat down. After a while Yarfa’ came again and said, "May I admit ‘Alee and ‘Abbaas?" ‘Umar (may Allah be pleased with him) said, "yes." So, they (may Allah be pleased with them)were admitted and they came in and greeted (him) and sat down. Then ‘Abbaas(may Allah be pleased with him) said, "O Commander of the Believers! Judge between me and this (i.e., ‘Alee)." They had a dispute regarding the property of Banne Al-Nadeer which Allah, Exalted is He, had given to His Messenger ﷺ as Fay’ (i.e., war-gains taken by Muslims from the disbelievers without fighting). The group (i.e., ‘Uthmaan and his companions) said, "O Commander of the Believers! Judge between them and relieve both of them front each other." ‘Umar (may Allah be pleased with him) said, "Be patient! I beseech you by Allah by Whose Permission the Heaven and the Earth exist, do you know that Allah's Messenger ﷺ said, 'Our (i.e., Prophets') property will not be inherited, and whatever we leave, is Sadaqah (i.e., to be spent in charity),' and Allah's Messenger ﷺ meant himself (by saying "we'')?" The group said, "He said so." ‘Umar (may Allah be pleased with him) then turned to ‘Alee and ‘Abbaas(may Allah be pleased with them) and said, "I beseech you by Allah, do you know that Allah's Messenger ﷺ said so?" They replied, " He said so." ‘Umar (may Allah be pleased with him) then said, "So, I will talk to you about this matter. Allah, Exalted is He, bestowed on His Messenger ﷺ a special favor of Fay’ which He gave to nobody else." ‘Umar (may Allah be pleased with him) then recited the ayaat (which mean): {And what Allah restored [of property] to His Messenger from them - you did not spur for it [in an expedition] any horses or camels, but Allah gives His messengers power over whom He wills, and Allah is over all things competent.} [Quran 59:6] ‘Umar (may Allah be pleased with him) added, "So, this property was especially given to Allah's Messenger ﷺ, but, by Allah, neither did he ﷺ take possession of it and leave you, nor did he ﷺ favor himself with it to your exclusion, but he ﷺ gave it to all of you and distributed it amongst you till this property remained out of it. Allah's Messenger ﷺused to spend the yearly expenses of his family out of this property and used to keep the rest of its revenue to be spent in Allah's Cause. He ﷺ kept on doing this during all his lifetime. I ask you by Allah do you know this?" They (may Allah be pleased with them) replied in the affirmative. ‘Umar then said to ‘Alee and ‘Abbaas(may Allah be pleased with them), "I ask you by Allah, do you know this?" ‘Umar (may Allah be pleased with him) added, "When Allah had taken His Prophet unto Him,’ Aboo Bakr said, 'I am the successor of Allah's Messenger ﷺso, Aboo Bakr took over that property and managed it in the same way as Allah's Messenger ﷺused to do, and Allah, Exalted is He, knows that he (may Allah be pleased with him) was true, pious and rightly guided, and he (may Allah be pleased with him) was a follower of what was right. Then, Allah took Aboo Bakr (may Allah be pleased with him) unto Him and I became Aboo Bakr's successor, and I kept that property in my possession for the first two years of my Caliphate, managing it in the same way as Allah's Messenger ﷺ used to do and as Aboo Bakr (may Allah be pleased with him) used to do, and Allah knows that I have been true, pious, rightly guided, and a follower of what is right. Now you both (i.e., ‘Alee and ‘Abbaas) came to talk to me, bearing the same claim and presenting the same case; you, ‘Abbaas, came to me asking for your share of your nephew's property, and this man, i.e., ‘Alee (may Allah be pleased with him), came to me asking for his wife's share of her father's property. I told you both that Allah's Messenger ﷺ said, 'Our (prophets') properties are not to be inherited, but what we leave is Sadaqah (i.e., to be spend in charity).' When I thought it right that I should hand over this property to you, I said to you, 'I am ready to hand over this property to you if you wish, on the condition that you would take Allah's Pledge and Convention that you would manage it in the same way as Allah's Messenger ﷺ used to, as Aboo Bakr (may Allah be pleased with him) used to do, and as I have done since I was in charge of it.' So, both of you said (to me), 'Hand it over to us,' and on that condition I handed it over to you. So, I ask you by Allah, Exalted is He, did I hand it over to them on this condition?" The group aid, "Yes." Then ‘Umar faced ‘Alee and ‘Abbaas(may Allah be pleased with them) saying, "I ask you by Allah, did I hand it over to you on this condition?" They (may Allah be pleased with them) said, "Yes. " He (may Allah be pleased with him) said, " Do you want now to give a different decision? By Allah, by Whose Leave both the Heaven and the Earth exist, I will never give any decision other than that (I have already given), and if you are unable to manage it, then return it to me, and I will do the job on your behalf."
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Commentary :
Allah, Exalted is He, singled out the Prophet ﷺ for the Fay’ (i.e., war-gains taken by Muslims from the disbelievers without fighting) rather than the spoils of war (for they were distributed among the Muslim fighters). The Prophet ﷺ stated what should be done with the Fay’ and how it should be spent, and also underlined what should be done with his personal property after his death.
In this hadeeth, Maalik ibn Aws – scholars held different opinions as to whether or not he was a Companion – narrated that while he was sitting with his family at home once, the sun rose high and it got hot. Suddenly the messenger of the Caliph ‘Umar ibn Al- Khattab (may Allah be pleased with him) came and asked him to come and meet the Commander of the Believers. He went along with him to a place where ‘Umar (may Allah be pleased with him) was sitting on a bedstead made of date-palm leaves and covered with no mattress, and he (may Allah be pleased with him) was leaning over a leather pillow. Maalik greeted him and sat down. ‘Umar (may Allah be pleased with him) said, "O Maali,” which is a term of endearment indicating emotional proximity and friendliness, “Some persons of your people who have families came to me;” it was said that they belonged to Banee Nasr ibn Mu‘aawiyah ibn Abee Bakr ibn Hawaazin,that they were afflicted with drought, and that they came to Al-Madeenah asking for financial support and supplies. Thereupon, ‘Umar (may Allah be pleased with him) ordered that a gift (a small, unfixed grant) should be given to them. The Arabic word used in the hadeeth is Radkh (i.e., a smallportion of the war gains which is less than the share of a single fighter, given by a ruler or his deputy to a person who is not entitled to a share despite taking part or helping in the fighting, such as a woman, a child, or a disbeliever). ‘Umar (may Allah be pleased with him) commanded Maalik to take this grant and distribute it among them. Maalik apologized and said, "O Commander of the Believers! I wish that you would order someone else to do it." He said, "O man! Take it." While Maalik was sitting there with him, his doormanYarfa’, one of ‘Umar’s freed slaves, came saying, "‘Uthmaan, ‘Abd Al-Rahmaan ibn ‘Awf, Al-Zubayr and Sa‘d ibn AbeeWaqqaas(may Allah be pleased with them) are asking your permission (to see you); may I admit them?" ‘Umar (may Allah be pleased with him) said, "Yes." So, they (may Allah be pleased with them)were admitted and they came in, greeted him, and sat down. After a while Yarfa’ came again and asked to admit ‘Alee ibn AbeeTaalib and Al-‘Abbaas ibn ‘Abd Al-Muttalib(may Allah be pleased with them).They came seeking the settlement of their dispute over the property of Banee Al-Nadeer.This was property which Allah had given to His Messenger ﷺas Fay’ (i.e., war-gains taken by Muslims from the disbelievers without fighting).They (may Allah be pleased with them) were seeking ‘Umar’s judgment as to who should manage it. The group (i.e., ‘Uthmaan, ‘Abd Al-Rahmaan ibn ‘Awf, Al-Zubayr, and Sa‘d ibn AbeeWaqqaas(may Allah be pleased with them)) asked ‘Umar to judge between them (i.e., ‘Alee and Al-‘Abbaas(may Allah be pleased with them)) and relieve each of them of the other. The Arabic word used in the hadeeth is Raht, and it means a group of men below ten or forty. Afterward, ‘Umar (may Allah be pleased with him) said to these Companions (may Allah be pleased with them), "Be patient! I beseech you by Allah, by Whose Permission the Heaven and the Earth exist, do you know that Allah's Messenger ﷺ said, 'Our (i.e., prophets') property will not be inherited, and whatever we leave is Sadaqah (i.e., to be spent in charity),' and Allah's Messenger ﷺ meant himself (by saying ‘we'’)?" The group (may Allah be pleased with them) said, "He said so." ‘Umar (may Allah be pleased with him) then turned to ‘Alee and Al-‘Abbaas(may Allah be pleased with them) and said, "I beseech you by Allah, do you know that Allah's Messenger ﷺ said so?" They replied, "He ﷺ said so." ‘Umar (may Allah be pleased with him) then said, "So, I will talk to you about this matter. Allah, Exalted is He, bestowed on His Messenger ﷺ the special favor of Fay’ which He gave to nobody else." ‘Umar (may Allah be pleased with him) then recited the ayaat (which mean): {And what Allah restored [of property] to His Messenger from them - you did not spur for it [in an expedition] any horses or camels, but Allah gives His messengers power over whom He wills, and Allah is over all things competent.} [Quran 59:6].
‘Umar (may Allah be pleased with him) explained how the Prophet ﷺ used to manage this Fay’ and that he ﷺ used to cover the yearly expenses of his family from this property and allocate the rest of its revenue to the Muslim Treasury, to be spent in Allah's Cause. He (may Allah be pleased with him) continued to remind them of what the Prophet ﷺ did and how he ﷺ managed this Fay,’ stressing that he ﷺ did not keep it all for himself. They (may Allah be pleased with them) availed themselves of such property as members of his family. ‘Umar (may Allah be pleased with him) asked them as to whether the Prophet ﷺ did so during his lifetime and they (may Allah be pleased with them) replied in the affirmative. ‘Umar then reminded ‘Alee and Al-‘Abbaas(may Allah be pleased with them) that Aboo Bakr (may Allah be pleased with him), being the successor of Allah's Messenger ﷺ, took over that property and managed it in the same way as Allah's Messenger ﷺ used to do, and so did ‘Umar (may Allah be pleased with him). He (may Allah be pleased with him) stated: “Allah, Exalted is He, knows that he (i.e., Aboo Bakr (may Allah be pleased with him)) was true, pious and rightly guided, and he (may Allah be pleased with him) was a follower of what was right.”
He (may Allah be pleased with him) also reminded them that he (may Allah be pleased with him) became Aboo Bakr's successor and kept that property in his possession for the first two years of his Caliphate, managing it in the same way as Allah's Messenger ﷺ and Aboo Bakr (may Allah be pleased with him) used to do, and said about himself, “Allah knows that I have been true, pious, rightly guided, and a follower of what is right.”
Afterward, ‘Umar (may Allah be pleased with him) reminded ‘Alee and Al-‘Abbaas(may Allah be pleased with them) of what they did when they came to him before this dispute. He (may Allah be pleased with him) said: “You both came to talk to me, bearing the same claim and presenting the same case;” meaning that there was no dispute, “you, ‘Abbaas, came to me asking for your share of your nephew's property,” being the Prophet’s paternal uncle, “and this man, i.e., ‘Alee (may Allah be pleased with him), came to me asking for his wife's share of her father's property. I told you both that Allah's Messenger ﷺ said, 'Our (prophets') properties are not to be inherited, but what we leave is Sadaqah (i.e., to be spent in charity).' When I thought it right that I should hand over this property to you, I said to you, 'I am ready to hand over this property to you if you wish, on the condition that you would take Allah's Pledge and Convention that you would manage it in the same way as Allah's Messenger ﷺ used to, and as Aboo Bakr (may Allah be pleased with him) used to do, and as I have done since I have been in charge of it.' ‘Umar (may Allah be pleased with him) agreed to put them in charge of the property on that condition.
Afterward, ‘Umar (may Allah be pleased with him) asked ‘Uthmaan and the Companions (may Allah be pleased with them) with him whether he was speaking the truth, and they replied in the affirmative. He (may Allah be pleased with him) addressed ‘Alee and Al-‘Abbaas(may Allah be pleased with them) and they both replied in the affirmative. He (may Allah be pleased with him) then rebuked them for seeking a different judgment. He (may Allah be pleased with him) said: “By Allah, by Whose Leave both the Heaven and the Earth exist, I will never give any decision other than that (which I have already given), and if you are unable to manage it, then return it to me, and I will do the job on your behalf,” in the manner that the Prophet ﷺ and Aboo Bakr (may Allah be pleased with him) managed it.
It is deduced from the hadeeth that a knowledgeable ruler may settle complicated disputes and govern the affairs of the Muslim state in the way that serves the best interests of Muslims, after consulting with thepeople of knowledge and specialists.
The hadeeth states that the Prophets of Allah did not leave personal properties (i.e., estates), and rather their inheritance was knowledge, and whatever property they left was Sadaqah.
It is inferred from the hadeeth that it is allowable to decline assignments and mandates that are assigned to a Muslim individual by the ruler if the person knows his weakness and inability to fulfill the rights of such office.
It also highlights the virtues of ‘Umar (may Allah be pleased with him) and his (outstanding)asceticism, justice, and good judgment when settling disputes. .