Al-‘Araj narrated that It was narrated on the authority of Aboo Hurayrah (may Allah be pleased with him), "Allah's Messengerﷺ said, 'No one should prevent his neighbor from fixing a wooden peg in his wall." It was narrated on the authority of Aboo Hurayrah (may Allah be pleased with him) (to his companions), "Why do I find you aayah to it? By Allah, I certainly will narrate it to you."
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Commentary :
Islam assigns great rights to neighbors, and the Prophet ﷺ enjoined Muslims to treat their neighbors nicely, and urged them to be kind and cooperative with them.
In this hadeeth, the Prophet ﷺ commanded Muslims to be cooperative and considerate with their neighbors, and to give precedence to kindness and tolerance in some situations. One of the situations in which tolerance is urged is when a neighbor wants to fix a wooden peg in his wall, although the neighbor has no right to this wall and it is no co-owned by him. However, one of the rights of the neighbors over each other is to benefit one another, without causing any harm to either party.
It seems that some people in the audience who were listening to this hadeeth from Aboo Hurayrah (may Allah be pleased with him) did not like what they heard and did not approve of it. Therefore, he (may Allah be pleased with him) said to them: “Why do I find you aayah to it?” It means, ‘Why do you seem dissatisfied with the ruling although it is established by the Prophet’s statement, and you refrain from acting upon it?” He (may Allah be pleased with him) added: “By Allah, I certainly will narrate it to you!” He (may Allah be pleased with him) meant to reproach them and lay more emphasis on this ruling by narrating the hadeeth often to them, even if they disliked it! It could also mean that if they disliked to let their neighbors fix a wooden peg in their wall, he (may Allah be pleased with him) would throw such wooden pegs at their shoulders, and not the walls. This meaning also implies emphasizing the gravity of denouncing the Prophet’s command and rejecting it.
The hadeeth underlines the importance of proclaiming the truth to people, even if it is hard and bitter from them to hear it!
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2465

Aboo Sa’eed Al-Khudree (may Allah be pleased with him) narrated:
The Prophet ﷺ said, "Beware! Avoid sitting on roadsides." People said, "There is no way out of it as these are our sitting places where we have talks." The Prophet ﷺ said, "If you must sit there, then observe the rights of the road." They asked, "What are the rights of the road?" He ﷺ said, "They are: lowering your gazes (from looking at what is unlawful to look at), refraining from harming people, returning the greetings of peace, enjoining good and forbidding evil."
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Commentary :
It is not permissible to harm or cause harm to a Muslim, be it a significant or insignificant harm. The Islamic Laws of Islam keenly recognizes and protects the rights and interests of all people.
In this hadeeth, the Prophet ﷺ warned Muslims against sitting on roadsides; on benches, sofas, chairs, or mats, because sitting on roadsides often leads to harming the passers-by, causing them inconvenience by following them with one’s eyes, or narrowing the roads for the pedestrians and limiting their freedom to walk, and the like. Moreover, the one sitting on roadsides may be exposed to Fitnah (i.e., temptations), or imperil others to it, and the like of evils. People said to the Messenger of Allah ﷺ: “There is no way out of it as these are our sitting places where we have talks,” meaning that they could not do without sitting on roadsides, being their gathering places where they normally met to discuss their personal affairs, talk about their religious and worldly interests, engage in recreational activities by conversing about lawful matters, and comfort one another, and giving this up would be difficult for them. It seems that they understood from his words that it was for the purpose of warning, not an explicit prohibition, or that it was a non-prohibitively disliked act, because the Prophet ﷺ did not prohibit what was beneficial, nor did he ﷺ permit what was harmful. It is also possible that the prohibition of such an act was related to what was done during such gatherings, not for their own sake, and they believed that they could avoid this objectionable aspect for which the gatherings were deemed forbidden; otherwise the Companions (may Allah be pleased with them) hastened to comply with the commands of Allah, Exalted is He, and His Messenger ﷺ. This is why their remarks were more inquiries based on what they understood from his statement, not opposition to him. Had they known that the prohibition in this regard was decisive, they would have hastened to comply immediately. The Prophet ﷺ answered that the prohibition was not of these gatherings in and of themselves, but rather to fulfill the rights of the roads. He ﷺ said: “If you must sit there, then observe the rights of the road,” confirming the Islamic etiquette and rights of the roads. They asked him about such rights, seeking his guidance, and he ﷺ replied: “They are: lowering your gazes (from looking at what is unlawful to look at), refraining from harming people, returning the greetings of peace, enjoining good, and forbidding evil.”
Lowering one’s gaze means refraining from looking at whatever is deemed unlawful to look at as per the laws of Islam, and guarding one’s eyes from seeing what is feared to be a source of Fitnah (i.e., temptations). For instance, one must lower his gazes from looking at what it is not permissible for him to look at, such as looking at women. He ﷺ made mention of lowering the gaze here as a reference to guarding oneself against sources of Fitnah in general (as one may be tempted by women or other passers-by), and consequences of looking at women as they walk down the roads to fulfill their needs.
Refraining from harming people means abstaining from harming others with one’s tongue (words), or hand (actions). This means that one must not verbally abuse passers-by, insult, despise, mock, backbite, or strike them by hand or a stick except rightfully (i.e., for a wrongdoing warranting it as per the laws of Islam). He may not usurp their wealth or belongings wrongfully, pour water on the road, lest it would cause the pedestrians to slip and fall, put obstacles hindering their way, throw dirt or thorns that would hurt the passers-by.People must also refrain from narrowing the roads to pedestrians and limiting their freedom to walk because of their gatherings on roadsides, and causing harm and inconvenience for neighbors by invading the privacy of their womenfolk in their houses and restricting their freedom,which may lead to forcing women to refrain from going out to carry out their errands to fulfill their needs to spare themselves the inconvenience of passing by the roads. In addition, sitting on roadsides also causes the ones sitting there to learn about people’s private conditions what they hate to reveal, and the like of harms that must be eliminated and warded off, and these include refraining from harming animals as well.
Returning the greetings of peace is a religious obligation, and it implies honoring the passers-by, because they greet the one sitting on roadsides and returning the greetings fosters accord and mutual love among Muslims. The one sitting on roadsides must not get frustrated with returning the greetings of the passers-by, because they are inclined to endear themselves to the one sitting on roadsides by greeting and honoring him. Therefore, the one sitting on roadsides should graciously return the greetings of peace with its like or one that is better; he should be gracious and recompense people’s love and consideration in kind. Allah, Exalted is He, Says (what means): {And when you are greeted with a greeting, greet [in return] with one better than it or [at least] return it [in a like manner].} [Quran 4: 86].
Enjoining good and forbidding evil should be done by means of all the prescribed ways, while avoiding all the unprescribed ones, provided that it would not incur a graver evil, even if the one enjoining good or forbidding evil believes that his act is of no real benefit. If the one sitting on roadsides witnesses any incident that entails advising the doer and edifying him on the truth, he should enjoin what is good. The same goes for seeing what warrants forbidding the evil; he should forbid the evil deed and warn against it, stirring the fear of Allah within the doer. It should be noted that enjoining good and forbidding evil must be done in a loving and kind manner, and must not incur a graver evil than what is being forbidden. For instance, if he sees two disputing people arguing or fighting, he should enjoin them to stop such fighting, and reconcile between them; if he sees a young man chasing a girl or annoying her, he should advise him and prevent him from doing so to the best of his ability without doing anything reckless or causing harm to himself or others, and so on. He should also take into account the need to give priority to the most important and significant interests, and should bear in mind that the elimination of evil takes precedence over the realization of benefit and that the lesser evil may be endured to ward off the graver one.
This was a brief account of the Islamic etiquette of sitting on roadsides, and they also include: good speech, giving directions to a wayfarer, relieving the distressed, guiding the one who has got lost, helping the wronged person, helping people with their loads, and the like.
The hadeeth urges Muslims to treat one another kindly; the ones sitting on roadsides encounter many passers-by, and engage in many interactions with them, and they are required to treat them all kindly and considerately.
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2468

‘AbdullahNarrated Ibn ‘Abbaas (may Allah be pleased with him):
I had been eager to ask ‘Umar (may Allah be pleased with him) about the two wives of the Prophet ﷺregarding whom Allah, Exalted is He, Says (what means): {If you two [wives] repent to Allah, [it is best], for your hearts have deviated.} [Quran 66:4] (namely, ‘Aa’ishah and Hafsah (may Allah be pleased with them))till I performed the Hajj along with ‘Umar (and on our way back from Hajj) he (may Allah be pleased with him) went aside (to answer the call of nature) and I also went aside along with him carrying a tumbler of water. When he had answered the call of nature and returned. I poured water on his hands from the tumbler and he performed ablution. I said, "O Commanders of the believers! Who were the two ladies from among the wives of the Prophet ﷺ to whom Allah, Exalted is He, Says (what means): {If you two [wives] repent to Allah, [it is best], for your hearts have deviated} [Quran 66:4]? He (may Allah be pleased with him) said, "I am astonished at your question, O Ibn ‘Abbaas (may Allah be pleased with them). They were ‘Aa’ishah and Hafsah (may Allah be pleased with them)." Then ‘Umar (may Allah be pleased with him) went on relating the narration and said, "I and a neighbor of mine from the Ansaar, from Banee Umayyah ibn Zayd who used to live in ‘Awaalee Al-Madeenah, used to visit the Prophet ﷺ in turns. He used to go one day, and I another day. When I went, I would bring him the news of what had happened that day regarding the instructions and orders (i.e., the divine revelation) and when he went, he used to do the same for me. We, the people of Quraysh, used to have authority over women, but when we came to live with the Ansaar, we noticed that their women had the upper hand over their men, so our women started acquiring the habits of the women from the Ansaar. Once, I shouted at my wife and she paid me back in my coin and I disliked that she should answer me back. She said, 'Why do you take it ill that I retort upon you? By Allah, the wives of the Prophet ﷺretort upon him, and some of them may not speak with him for the whole day till night.' What she said scared me and I said to her, 'Whoever amongst them does so, will be a great loser.' Then I dressed myself and went to Hafsah and asked her, 'Does any of you keep Allah's Messengerﷺangry all the day long till night?' She (may Allah be pleased with her) replied in the affirmative. I said, 'She is a ruined losing person (and will never have success)! Does not she fear that Allah may get angry for the anger of Allah's Messengerﷺ and thus she will be ruined? Do not ask Allah's Messengerﷺtoo many things, and do not retort upon him in any case, and do not desert him. Demand from me whatever you like, and do not be tempted to imitate your neighbor (i.e., ‘Aa’ishah) in her behavior towards the Prophet ﷺ), for she (i.e., ‘Aa’ishah) is more beautiful than you, and more beloved to Allah's Messengerﷺ. In those days it was rumored that Ghassaan, (a tribe living in Shaam) was getting prepared their horses to invade us. My companion went (to the Prophet ﷺ on the day of his turn, went and returned to us at night and knocked at my door violently, asking whether I was sleeping. I was scared (by the hard knocking) and came out to him. He said that a great thing had happened. I asked him: What is it? Have Ghassaan come? He replied that it was worse and more serious than that, and added that Allah's Messenger ﷺ had divorced all his wives. I said, Hafsah is a ruined loser! I expected that would happen someday.' So, I got dressed and offered the Fajr prayer with the Prophet ﷺ. Then the Prophet ﷺ entered an upper room and stayed there alone. I went to Hafsah and found her weeping. I asked her, 'Why are you weeping? Did not I warn you? Have Allah's Messengerﷺ divorced you all?' She replied, 'I do not know. He is there in the upper room.' I then went out and came to the pulpit and found a group of people around it and some of them were weeping. Then I sat with them for some time, but could not endure the situation. So, I went to the upper room where the Prophet ﷺ was and requested to a black slave of his: "Will you get the permission of (Allah's Messenger) for ‘Umar (to enter)? The slave went in, talked to the Prophet ﷺ about it and came out saying, 'I mentioned you to him but he did not reply.' So, I went and sat with the people who were sitting by the pulpit, but I could not bear the situation, so I went to the slave again and said: "Will you get he permission for ‘Umar? He went in and brought the same reply as before. When I was leaving, the slave called me saying, "Allah's Messengerﷺ has granted you permission." So, I entered upon the Prophet and saw him lying on a bedstead made of date-palm leaves and covered with no mattress, and such mat had left its mark on the body of the Prophet ﷺ, and he was leaning on a leather pillow stuffed with palm fires. I greeted him and while still standing, I said: "Have you divorced your wives?' He ﷺ raised his eyes to me and replied in the negative. Then while still standing, I said chatting: "Will you heed what I say, 'O Allah's Messenger ﷺ! We, the people of Quraysh used to have the upper hand over our women (wives), and when we came to the people whose women had the upper hand over them..." ‘Umar (may Allah be pleased with him) told the whole story (about his wife). "On that the Prophet ﷺsmiled." ‘Umar (may Allah be pleased with him) further said, "I then said, 'I went to Hafsah and said to her: Do not be tempted to imitate your companion (‘Aa’ishah) for she is more beautiful than you and more beloved to the Prophet ﷺ.' The Prophet ﷺ smiled again. When I saw him smiling, I sat down and cast a glance at the room, and by Allah, I could not see anything of importance but three hides. I said (to Allah's Messenger ﷺ), "Invoke Allah to make your followers prosperous for the Persians and the Byzantines have been made prosperous and given worldly luxuries, though they do not worship Allah?' The Prophet ﷺ was leaning then (and on hearing my speech he sat straight) and said, 'O Ibn Al-Khattaab! Do you have any doubt (that the Hereafter is better than this worldly life)? These people have been given rewards of their good deeds in this worldly life only.' I asked the Prophet ﷺ, 'Please ask Allah's forgiveness for me.’ The Prophet ﷺdid not go to his wives because of the secret which Hafsah had disclosed to ‘Aa’ishah (may Allah be pleased with them), and he said that he would not go to his wives for one month as he was angry with them when Allah admonished him. When twenty-nine days had passed, the Prophet ﷺ went to ‘Aa’ishah first of all. She said to him, 'You took an oath that you would not come to us for one month, and today only twenty-nine days have passed, as I have been counting them day by day.' The Prophet ﷺ said, 'The month is also of twenty-nine days.' That month consisted of twenty-nine days. ‘Aa’ishah (may Allah be pleased with her) said, 'When the Divine revelation of Choice was revealed, the Prophet ﷺ started with me, saying to me, 'I am telling you something, but you need not hurry to give the reply till you can consult your parents." ‘Aa’ishah (may Allah be pleased with her) knew that her parents would not advise her to part with the Prophet ﷺ. The Prophet ﷺsaid that Allah Says (what means): {O Prophet, say to your wives, "If you should desire the worldly life and its adornment, then come, I will provide for you and give you a gracious release.} [Quran 33:28] ‘Aa’ishah said, 'Am I to consult my parents about this? I indeed prefer Allah, Exalted is He, His Messenger ﷺ, and the Hereafter.' After that the Prophet ﷺgave the choice to his other wives and they also gave the same reply as ‘Aa’ishah (may Allah be pleased with her) did.”
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Commentary :
Like all married couples, the married life of the Prophet ﷺ was not trouble-free and his wives sometimes saddened him with their overjealously or other annoying attitudes.
In this hadeeth, ‘Abdullah ibn ‘Abbaas (may Allah be pleased with them) stated that he was keen to ask ‘Umar ibn Al-Khattaab (may Allah be pleased with him) about the two wives of the Prophet ﷺ about whom Allah, Exalted is He, Says (what means): {If you two [wives] repent to Allah, [it is best], for your hearts have deviated.} [Quran 66:4].The Arabic word used in the hadeeth is Saaghat meaning deviated from the obligation and duty, and the ayah means, “If you repent to Allah, Exalted is He, your repentance is justifiable and called for, because your hearts have deviated from the truth and what is obligatory on you towards the Messenger of Allah ﷺ, keeping his secret, being keen on his comfort, and respecting his acts.
Ibn ‘Abbaas (may Allah be pleased with them) remained keen on asking his question, but could not do so, out of his reverence for ‘Umar (may Allah be pleased with him), until the opportunity presented itself when they went together for Hajj. Ibn ‘Abbaas (may Allah be pleased with them) related that on their way back from Hajj, ‘Umar (may Allah be pleased with him) went aside to a deserted path, to answer the call of nature and Ibn ‘Abbaas (may Allah be pleased with them) accompanied him carrying a tumbler of water, i.e., a small container made of leather used for carrying water. When he had answered the call of nature and returned, Ibn ‘Abbaas (may Allah be pleased with them) poured water on his hands from the tumbler and he (may Allah be pleased with him) performed ablution. Afterward, he (may Allah be pleased with him) said, "O Commander of the believers! Who were the two wives of the Prophet ﷺ to whom Allah, Exalted is He, Says (what means): {If you two [wives] repent to Allah, [it is best], for your hearts have deviated} [Quran 66:4]? ‘Umar (may Allah be pleased with him) was astonished at his question, given the fact that Ibn ‘Abbaas (may Allah be pleased with them) was well-ayahd in Tafseer and this information should not have missed him. It is also possible that ‘Umar (may Allah be pleased with him) was astonished at his keenness on learning the ambiguous meanings of the Quran as reflected in his question. It was also said that ‘Umar (may Allah be pleased with him) disliked the question. Anyway, he (may Allah be pleased with him) told him that they were ‘Aa’ishah bint Aboo Bakr and Hafsah bint ‘Umar (may Allah be pleased with them).
Afterward, ‘Umar (may Allah be pleased with him) went on relating the narration to him and said, “I and a neighbor of mine from the Ansaar,” named Aws ibn Khawlee ibn ‘Abdullah Al-Ansaaree (may Allah be pleased with him) from Banee Umayyah ibn Zayd, “used to live in ‘Awaalee Al-Madeenah,” i.e., the villages near Al-Madeenah, three or four miles away from it in the direction of Najd, “used to visit the Prophet ﷺ in turns. He used to go one day, and I another day. When I went, I would bring him the news of what had happened that day regarding the instructions and orders (i.e., the divine revelation) and when he went, he used to do the same for me. We, the people of Quraysh, used to have authority over women,” and they had no authority over us, “but when we came to live with the Ansaar, we noticed that their women had the upper hand over their men.” It means that the men from the Ansaar were rather more lenient with their wives. He (may Allah be pleased with him) added: “So, our women started acquiring the habits of the women from the Ansaar,” copying their attitudes towards their husbands. “Once, I shouted at my wife and she paid me back in my coin and I disliked that she should answer me back. She said, 'Why do you take it ill that I retort upon you? By Allah, the wives of the Prophet ﷺretort upon him, and some of them may not speak with him for the whole day till night.'” Another version of the hadeeth recorded in Saheeh Al-Bukhaaree and Saheeh Muslim reads: “How strange is it that you, O son of Khattaab, do not like anyone to retort upon you, whereas your daughter retorts upon Allah's Messenger ﷺ until he spends the day angry!” ‘Umar (may Allah be pleased with him) added: “What she said scared me and I said to her, 'Whoever amongst them does so, will be a great loser!'”
Then ‘Umar (may Allah be pleased with him) stated that he got dressed and went to Hafsah and asked her, “Do any of you keep Allah's Messengerﷺangry all day long till night?” She (may Allah be pleased with her) replied in the affirmative. He (may Allah be pleased with him) said, “She is a ruined losing person (and will never have success)! Does not she fear that Allah, Exalted is He, may get angry for the anger of His Messengerﷺ and thus she will be ruined?” ‘Umar (may Allah be pleased with him) advised his daughter not to ask Allah's Messengerﷺfor too many things, not to retort upon him in any case, and never to desert him even if he ﷺ did. He (may Allah be pleased with him) also told her to demand whatever she wanted and needed from him, and added: “Do not be tempted to imitate your neighbor (i.e., ‘Aa’ishah),” meaning your co-wife, since the Arabs used to refer to co-wives as neighbors, as they share the same husband, “in her behavior towards the Prophet ﷺ), for she (i.e., ‘Aa’ishah) is more beautiful than you, and more beloved to Allah's Messengerﷺ.” ‘Umar (may Allah be pleased with him) urged his daughter to follow his advice and warned her against being tempted by the fact that the Prophet ﷺ might overlook such behavior and attitude from ‘Aa’ishah (may Allah be pleased with him) to follow her example. He (may Allah be pleased with him) meant that he ﷺ may tolerate ‘Aa’ishah’s behavior given her special status in his heart, and this would not be the case for Hafsah (may Allah be pleased with her)!
He (may Allah be pleased with him) added: “In those days it was rumored that Ghassaan,” (a tribe living in Shaam) from Qahtaan tribe who left the area around Ma’rib Dam, scattered, and settled by a well called Ghassaan and therefore they were named after it and lived in Shaam. He (may Allah be pleased with him) added: “Ghassaan was getting prepared their horses to invade us (Muslims). My companion went (to the Prophet ﷺ on the day of his turn), and heard the he ﷺ had divorced all his wives. He went at night and knocked at ‘Umar’s door violently, asking whether he was sleeping. ‘Umar (may Allah be pleased with him) got scared (by the hard knocking) and came out to him. He said that a great thing had happened. ‘Umar (may Allah be pleased with him) asked him: “What is it? Have Ghassaan come?” He replied that it was worse and more serious than that, and added that Allah's Messenger ﷺ had divorced all his wives. It is possible that the rumor was circulated by the hypocrites that he ﷺ divorced them, contrary to the truth as he ﷺ only forsook them, and this was unusual of him, therefore people thought that he ﷺ had divorced them.
‘Umar (may Allah be pleased with him) said, “Hafsah is a ruined loser! I expected that would happen someday,” because retorting upon one’s husband incurs his anger and this may ultimately end in divorce. He (may Allah be pleased with him) named Hafsah in particular because she was his daughter and he had just warned her of the gravity of such an attitude.
‘Umar (may Allah be pleased with him) got dressed, went to the Prophet ﷺ and offered the Fajr prayer with him. Then the Prophet ﷺ entered an upper room, where they used to store food, and stayed there alone, forsaking his wives. ‘Umar (may Allah be pleased with him) added: “I went to Hafsah and found her weeping. I asked her, 'Why are you weeping? Did I not warn you (of angering, retorting upon, or deserting Allah's Messengerﷺ)? Has Allah's Messengerﷺ divorced you all?' She replied, 'I do not know. He ﷺ is there in the upper room.' ‘Umar (may Allah be pleased with him) went out and came to the pulpit and found a group of people around it and some of them, below ten, were weeping. He (may Allah be pleased with him) added: “Then I sat with them for some time, but could not endure the situation,” meaning that he (may Allah be pleased with him) was concerned with the news about the Prophet ﷺ and that he had divorced his wives, including his daughter! He (may Allah be pleased with him) added: “So, I went to the upper room where the Prophet ﷺ was and requested a black slave of his, named Rabaah: ‘Will you get the permission of (Allah's Messengerﷺ) for ‘Umar (to enter)?’ The slave went in, talked to the Prophet ﷺ about it and came out saying, 'I mentioned you to him but he ﷺ did not reply.' So, I went and sat with the people who were sitting by the pulpit, but I could not bear the situation, so I went to the slave again and said: ‘Will you get his permission for ‘Umar?’ He went in and brought the same reply as before. When I was leaving, the slave called me saying, ‘Allah's Messengerﷺ has granted you permission.’ So, I entered upon the Prophet ﷺ and saw him lying on a bedstead made of date-palm leaves and covered with no mattress, and the mat had left its mark on the body of the Prophet ﷺ, and he was leaning on a leather pillow stuffed with palm fibres. I greeted him and while still standing, I said: ‘Have you divorced your wives?' He ﷺ raised his eyes to me and replied in the negative.
While still standing, I said, chatting: ‘Will you heed what I say, O Allah's Messenger ﷺ!’” ‘Umar (may Allah be pleased with him) was trying to see if the Prophet ﷺ would forgive them or say something to comfort him and ease his anger. He (may Allah be pleased with him) said: “We, the people of Quraysh used to have the upper hand over our women (wives), and when we came to the people whose women had the upper hand over them..." ‘Umar (may Allah be pleased with him) told the whole story (about his wife). "On that the Prophet ﷺsmiled." ‘Umar (may Allah be pleased with him) further said, "I then said, 'I went to Hafsah and said to her: Do not be tempted to imitate your companion (‘Aa’ishah) for she is more beautiful than you and more beloved to the Prophet ﷺ.' The Prophet ﷺ smiled again. When I saw him smiling, I sat down and cast a glance at the room, and by Allah, I could not see anything of importance but three hides,” indicating the shabby appearance of the room where the Prophet ﷺ stayed. ‘Umar (may Allah be pleased with him) added: “I said (to Allah's Messenger ﷺ), ’Invoke Allah to make your Ummah (followers) prosperous, for the Persians and the Byzantines have been made prosperous and given worldly luxuries, though they do not worship Allah?' The Prophet ﷺ was leaning then, and on hearing my speech he sat straight, disliking my statement, and said, 'O Ibn Al-Khattaab! Do you have any doubt (that the Hereafter is better than this worldly life)? These people, i.e., the Persians and Byzantines, have been given rewards for their good deeds in this worldly life only.'” Thereupon, ‘Umar (may Allah be pleased with him) asked the Prophet ﷺ to seek Allah's forgiveness for him, for his boldness to say so in his presence.
The Prophet ﷺdeserted his wives because of the secret which Hafsah had disclosed to ‘Aa’ishah (may Allah be pleased with them), and this hadeeth did not underline the details of that secret. It was reported in Saheeh Al-Bukhaaree and Saheeh Muslim that the Prophet ﷺ used to spend time with Zaynab bint Jahsh, and that he once drank honey at her house, so Hafsah and ‘Aa’ishah (may Allah be pleased with them) agreed that the one whom the Prophet ﷺ visited first should say, “I notice that you have an odor of Maghaafeer (i.e., plural of Mughfur, the gum of a kind of mimosa, the odor of which is unpleasant)! Have you eaten some?” When he ﷺ visited one of them and she said that to him he ﷺ replied, “Do not worry; I drank some honey at the house of Zaynab bint Jahsh, but I swear that I shall not do it again. Do not tell anyone of that.” It was also said that the reason was not a particular event, but rather that his wives did many things that made him angry.
He ﷺ had said that he would not go to his wives for one month, as he was very angry with them when Allah, Exalted is He, admonished him. Allah, Exalted is He, Says (what means): {O Prophet, why do you prohibit [yourself from] what Allah has made lawful for you, seeking the approval of your wives? And Allah is Forgiving and Merciful.} [Quran 66:1].
When twenty-nine days had passed, the Prophet ﷺ went to ‘Aa’ishah first of all. She (may Allah be pleased with her) said to him, “You took an oath that you would not come to us for one month, and today only twenty-nine days have passed, as I have been counting them day by day.” The Prophet ﷺ said, “The month is also of twenty-nine days!'”That month consisted of twenty-nine days.
‘Aa’ishah (may Allah be pleased with her) said, “When the Divine revelation of Choice was revealed, the Prophet ﷺ started with me.” She (may Allah be pleased with her) was referring to the ayaat that read (what means): {O Prophet, say to your wives, "If you should desire the worldly life and its adornment, then come, I will provide for you and give you a gracious release. * But if you should desire Allah and His Messenger and the home of the Hereafter - then indeed, Allah has prepared for the doers of good among you a great reward."} [Quran 33: 28-29].
Based on these ayaat, the Prophet ﷺ gave his wives the choice for him to divorce them and give them the due provision, or retain his marriage to them and they should endure the straitened circumstances.
He ﷺ said to me, “I am telling you something, but you need not hurry to give the reply till you consult your parents." ‘Aa’ishah (may Allah be pleased with her) knew that her parents would not advise her to part with the Prophet ﷺ. Heﷺrecited the two ayaat to her, and ‘Aa’ishah (may Allah be pleased with her) said, “Am I to consult my parents about this? I, indeed, prefer Allah, Exalted is He, His Messenger ﷺ, and the Hereafter.“ After that the Prophet ﷺgave the choice to his other wives and they also gave the same reply as ‘Aa’ishah (may Allah be pleased with her) did.
The hadeeth highlights the merits of ‘Umar (may Allah be pleased with him).
It also underlines the asceticism of the Prophet ﷺ, and the virtue of denouncing worldly pleasures and being content with a humbled life, being a distinct quality of the Prophets.
It also emphasizes that worldly pleasures are fleeting, unlike the eternal bliss of the Hereafter.
It is deduced from the hadeeth that a woman is liable to punishment for disclosing her husband’s secrets.
It is also inferred therefrom that even a rational and wise woman may consult her parents or seek the opinion of whom she trusts about her own affairs. It is also deduced that the Prophet ﷺ used to smile back at those who tried to make him laugh out of courtesy.
The hadeeth also highlights keenness in seeking knowledge, taking turns in checking the latest updates on the divine revelation and being concerned with such pursuits.
It also underlines the merits of the Mother of the Believers, ‘Aai’shah (may Allah be pleased with her). .

2473

Narrated Aboo Hurayrah (may Allah be pleased with him)
The Prophet ﷺ judged that seven cubits should be left as a public way when there was a dispute about the land.
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Commentary :
During the lifetime of the Prophet ﷺ, people used to refer their differences to the Prophet ﷺ, and he used to make things clear to them and settle their disputes. His statements on those occasions have become legislation for all Muslims.
In this hadeeth, the Prophet ﷺ issued a decree regarding disputes among neighbors over boundaries, spaciousness, and width of roads between their houses. He ﷺ judged that seven cubits should be left as a public way when there isa dispute among people, neighbors, or landlords regarding the width of the road, when landowners want to build thereon. Seven cubits, or seven arms (i.e., an arm is 69 cm approximately) should be left as a public way. This applies to newly constructed roads in the event of disputes among the landlords. A landlord should leave seven arms as a public way, for the public benefit of Muslims, and place his fence around the rest of his property, or build on it as he wishes. As for the old ways, they should be retained as agreed upon by the concerned owners, provided that due regard should be paid to the rights of the road and those of the neighbors.
It is deduced from the hadeeth that the Laws of Islam keenly regulates the urban planning of towns and cities, the construction of roads, and public utilities..

2474

‘Abdullah ibn Yazeed Al-Khatimee Al-Ansaaree (may Allah be pleased with him) said: The Prophet ﷺ forbade robbery (i.e., taking away what belongs to others without their permission), and also forbade mutilation (or maiming) of bodies.
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Commentary :
Islam lays a special emphasis on the gravity of violating the inviolability of people's lives, wealth, and honor, and sternly warns against having the audacity to do so.
In this hadeeth, ‘Abdullah ibn Yazeed Al-Ansaaree (may Allah be pleased with him) related that the Prophet ﷺ forbade robbery, which refers to usurping a Muslim’s wealth forcibly, openly, and unjustly. This includes any transgression against people’s wealth, by means of coercion, theft, or betrayal, and it is a sin, because it involves unlawfully consuming people's wealth.
It was also said that the Arabic word used in the hadeeth - Al-Nuhbaa - means what is taken from wealth before dividing it up and estimating its amount, such as stealing from the spoils of war before division. He ﷺ also forbade the mutilation (or maiming) of bodies, which refers to the punishment that involved mutilation by cutting off bodily organs, such as the nose and ears, or poking out the eyes, and the like, because they involve excessive violence, cruelty, and disregard for human dignity, unless it is authorized by the Laws of Islam by virtue of Qisaas (i.e., retribution); it is not forbidden, because Allah, Exalted is He, Says (what means): {And if you punish [an enemy, O believers], punish with an equivalent of that with which you were harmed. But if you are patient - it is better for those who are patient.} [Quran 16:126].
The hadeeth highlights one of the etiquettes of Islam and underlines its respect and high regard for individual property..

2475

It was narrated on the authority of Aboo Hurayrah (may Allah be pleased with him) that the Prophet ﷺsaid, "A perpetrator of Fornication (i.e., illegal sexual intercourse) is not a true believer when he commits it; no one who dinks Khamr (intoxicants) is a true believer when he drinks it, and when no thief is a true believer when he steals; and a robber is not a true believer at the time of robbery when people look at him.”
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Commentary :
A Muslim may commit a major sin and repent from it. Allah, Exalted is He, forgives all sins, including major ones, Shirk (i.e., polytheism) aside. When a Muslim commits a sin, no matter how grave it is, Allah, Exalted is He, forgives him and confers upon him His pardon whenever he repents.
In this hadeeth, the Prophet ﷺ makes it clear that a believer may fall into grave sins, but he cannot be described as a believer when he commits such a major sin. Rather, he is deprived of his faith while committing such major sins. For instance, a perpetrator of Fornication is not a true believer when he is committing Fornication, and it could also mean that the light of faith is removed from his heart at such time. Faith denotes the beliefs harbored in the heart, declarations made by the tongue, and actions, translating such faith (i.e., acting upon it). If a believer commits Fornication, drinks Khamr, or steals, the light of faith is taken away from his heart and he is left with the darkness of sin. It could also mean that the faith of a perpetrator of major sins is imperfect rather than negating his faith altogether. Thus, the hadeeth would mean that a perpetrator of Fornication does not commit such sin while having perfect and true faith. It is also possible that it means that whoever commits such major sins while believing them to be lawful is not a believer, for declaring lawful what is unlawful warrants Kufr (disbelief). The Prophet’s statement could also be a warning against the loss of faith if one becomes accustomed to committing these major sins and persistently adhering to them. Theft (that warrants the prescribed Hadd) means unlawfully taking the property of another person that is recognized by the Laws of Islam as wealth, stealthily from where similar things are normally kept and there is no suspicion involved (i.e., uncertainty warranting the dismissal of the prescribed punishment).
Similarly, a robber is not a true believer when he robs. Robbery means taking someone’s property openly and forcibly. His saying, “the people look at him,”refers to the situation of the people being robbed as they look at the robber while being unable to keep him off, even if they beg him. It could also refer to the fact that a robber takes people’s property openly, contrary to theft and embezzlement that are done stealthily. Robbery is a more serious crime because it involves audacity and indifference to (the inviolability of) people. It was also said that the Arabic word Nuhbah refers to what is taken from property before dividing it up and estimating its amount, such as stealing from the spoils of war before division. Accordingly, the meaning of his saying “the people look at him,” would be that such a sin is so grave and serious that it catches the attention of people just like robbery committed by the dissolute at times of Fitnah (i.e., civil war and dissension).
It is deduced from the hadeeth that faith increases with obedience and decreases with disobedience.
It also emphasizes the gravity of Fornication, theft, consumption of Khamr, and usurping people’s wealth wrongfully..

2478

‘Abdullah ibn Mas‘ood (may Allah be pleased with him) said: The Prophet ﷺentered (i.e., conquered) Makkah and (at that time) there were three hundred-and-sixty idols around the Ka‘bah. He ﷺ started stabbing the idols with a stick he had in his hand and reciting the ayah that reads (what means): {And say, "Truth has come, and falsehood has departed. Indeed is falsehood, [by nature], ever bound to depart."} [Quran 17:81]
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Commentary :
Allah, Exalted is He, Says (what means): {That is because Allah is the Truth, and that which they call upon other than Him is falsehood, and because Allah is the Most High, the Grand.} [Quran 22:62].Islam and Tawheed (i.e., Unique Oneness of Allah) are the clear truth, and Shirk (i.e., polytheism) and idolatry are sheer falsehood. The Prophet ﷺ strove to promote Islam and establish Tawheed on one hand, and demolish Shirk and idolatry on the other hand, and thus Allah, Exalted is He, perfected His light of guidance imparted to the worlds through him.
In this hadeeth, ‘Abdullah ibn Mas‘ood (may Allah be pleased with him) narrated that when Allah, Exalted is He, blessed His Messenger with triumph over the disbelievers at the conquest of Makkah during the month of Ramadan in 8 A.H., he ﷺ entered it to find three hundred and sixty idols around the Ka‘bah, which people had made out of stone and taken as objects of worship. The Prophet ﷺ stabbed these idols with a stick, to demolish them, indicating the humiliation of such idols and their worshippers, and to show people that these idols did not harm or benefit, and could not even protect or defend themselves! While demolishing the idols, the Prophet ﷺ recited the ayah that reads(what means): {And say, "Truth has come, and falsehood has departed. Indeed, is falsehood, [by nature], ever bound to depart."} [Quran 17:81]. The ayah means, ‘O Messenger of Allah, say, ‘Truth has come, and falsehood has departed. Indeed, falsehood is innately ever bound to depart,’ to express gratitude to your Lord, acknowledging His grace, and celebrate His victory. It means, ‘Truth, with which Allah, Exalted is He, sent me has triumphed over all the opposing (false) beliefs: Shirk, Kufr (i.e., disbelief), and falsehood.’ They faded away and their power vanished, for falsehood is inherently unstable and precarious at all times.
It is deduced from the hadeeth that it is permissible to recite this ayah when eliminating an evil..

2480

‘Abdullah ibn ‘Amr ibn Al-‘Aas (may Allah be pleased with them) narrated:
I heard the Prophet ﷺ saying, "Whoever is killed while protecting his property is a martyr."
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Commentary :
The Islamic Laws of Islam aims at the preservation of the five necessities, which are: religion, life, intellect, lineage, and property.
In this hadeeth, the Prophet ﷺ stated that a person has the right to defend his wealth against a usurper or aggressor, and if he is killed while protecting his wealth, he earns the reward of martyrdom in the Hereafter, because Allah, Exalted is He, has legislated the preservation and protection of wealth. If someone fights off his attacker to defend his wealth, he would be fighting in the cause of Allah, and if he is killed in the process, he would be regarded as a martyr in the Hereafter. Such martyrs earn the reward of martyrdom in the Hereafter, but they are not treated as the martyrs who are killed on the battlefield, in the sense that their dead bodies are washed and shrouded and the funeral prayers are performed over them.
The hadeeth urges Muslims to defend their wealth and fend off the attacker rather than surrender to his aggression and allow him to take one’s wealth by force.
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2484

Salamah (may Allah be pleased with him) said: Once (on a journey) our provisions diminished and the people were reduced to poverty. They went to the Prophet ﷺ and asked his permission to slaughter their camels, and he agreed. ‘Umar met them and they told him about it, and he said, "How would you survive after slaughtering your camels?" Then he went to the Prophet ﷺ and said, "O Allah's Messenger ﷺ!How would they survive after slaughtering their camels?" Allah's Messengerﷺ ordered ‘Umar, "Call upon the people to bring what has remained of their food." A leather sheet was spread and all the food was collected and heaped over it. Allah's Messenger ﷺstood up and invoked Allah, Exalted is He, to bless it, and then directed all the people to come with their utensils, and they started taking from it till all of them got what was sufficient for them. Allah's Messengerﷺ then said, "I testify that none is worthy of worship but Allah, Exalted is He, and I am His Messenger ﷺ."
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Commentary :
Allah, Exalted is He, supported His Prophet Muhammad ﷺ with extraordinary miracles that indicated his prophethood, and one such miracle was the miracle of abundance, blessing small quantities of food to turn into large quantities.
In this hadeeth, Salamah ibn Al-Akwa‘ (may Allah be pleased with him) said that they were once on a journey or at one of the battles, probably Tabook; it was narrated on the authority of Aboo Hurayrah (may Allah be pleased with him), as recorded in Saheeh Muslim, “On the day of the battle of Tabook, the Muslims were hard pressed by hunger and they asked Messenger of Allah ﷺ: ‘O Messenger of Allah, grant us permission to slaughter our camels to eat and use their fat.’”
Salamah (may Allah be pleased with him) added: “… our provisions diminished and the people were reduced to poverty,” meaning that their food supplies were exhausted and they almost ran out of food. They went to the Prophet ﷺ, seeking permission to slaughter the camels that they were riding to eat their meat, and he ﷺ gave them permission. Upon knowing of it, ‘Umar (may Allah be pleased with him) said: “How would you survive if you slaughtered your camels?” Meaning that they would not be able to survive without their riding mounts. He (may Allah be pleased with him) went to the Prophet ﷺ and said: "O Messenger of Allah, if it is done, we shall suffer from lack of transportation. I suggest you pool together whatever has been left of the food and supplicate Allah, Exalted is He, to bless it.” He ﷺ agreed, called for leather mat and had it spread out.He ﷺcommanded ‘Umar to call upon the people to bring the leftovers of their provisions. Some provisions were collected on the mat and the Messenger of Allah ﷺ invoked blessings on the small quantity of food, and then called upon people to bring their vessels. They came and started taking handfuls of the blessed food, and everyone filled his vessel with food, with the blessing of the Prophet ﷺ! Thereafter, he ﷺ said: “I bear witness that none is worthy of worship except Allah, Exalted is He, and that I am His Messenger ﷺ,” indicating that this miracle performed by him proved that he was a Messenger of Allah, Exalted is He.
The hadeeth highlights a miracle performed by the Prophet ﷺ and the clear effects of his blessings, as abundantas they are.
It is deduced from the hadeeth that people may offer their advice and give their opinions to the ruler regarding what serves the best interests of Muslims, even if they were not consulted.
It is also inferred therefrom that Muslims are urged to foster solidarity regarding food and share the small quantities of food together..

2485

Raafi‘ ibn Khadeej (may Allah be pleased with him) narrated:
We used to offer the ‘Asr prayer with the Prophet ﷺ and slaughter a camel, the meat of which would be divided in ten parts. We would eat the cooked meat before sunset.
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Commentary :
Allah, Exalted is He, set specific times for the daily prayers that must be observed. Performing the prayers at the beginning of their specified times is one of the best good deeds.
In this hadeeth, Raafi‘ ibn Khadeej (may Allah be pleased with him) stated that they would perform ‘Asr prayer with the Prophet ﷺ, and then go to slaughter a camel. The slaughtered camels were divided into ten parts, and afterward they cooked some of the meat until it was ready before sunset. This indicates that they used to perform ‘Asr prayer at the beginning of its prescribed time. It was also said that this may have been the case during summer, when the days are long..

2486

Aboo Moosaa (may Allah be pleased with him) narrated:
The Prophet ﷺ said, “When the people of the Ash‘aree tribe ran short of food during the battles, or the food of their families in Al-Madeenah ran short, they would graciously collect all their remaining food in one sheet and then distribute it among themselves equally by measuring it with a bowl. So, these people are from me, and I am from them.”
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Commentary :
Sympathy and solidarity among people at times of hardship are among the moral values embodied by the Prophets of Allah, and the people of the Ash’aree tribe, from Yemen, to whom belonged Aboo Moosaa Al-Ash‘aree (may Allah be pleased with him), were the epitome of such moral values. The Prophet ﷺ praised them for that quality. He ﷺ said: “When the people of the Ash‘aree tribe ran short,” meaning when their food supplies were exhausted and they almost ran out of food, during the battles, or the food of their families in Al-Madeenah ran short, they would graciously collect all their remaining food in one sheet, “and then distribute it among themselves equally by measuring it with a bowl.” This means than each person received an equal share of the remaining food, and this reflected their exemplary altruism and solidarity, because some of them had no food left to begin with and others had small quantities, yet all took equal shares. Afterward, the Prophet ﷺ said: “So, these people are from me, and I am from them,” meaning that their moral character mirrors mine as reflected in their solidarity, as if he ﷺ was saying that this act conformed with his Sunnah and guidance and they followed his example. This highlights their noble moral character, and urges Muslims to follow their example and do the same.
The hadeeth underlines the great merits of the people of the Ash‘aree tribe, lauding their altruism and solidarity, and the greatest honor that could have been bestowed upon them was the fact that the Prophet attributed them to himself, “these people are from me, and I am from them.”
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2491

Naafi‘ narrated:
Ibn ‘Umar (may Allah be pleased with him) said, "Allah's Messengerﷺsaid, 'If one manumits his share of a jointly possessed slave, and can afford the price of the other shares according to the adequate price of the slave, the slave will be completely manumitted, otherwise he will be partially manumitted.'” (Ayyoob, a sub-narrator is not sure whether the saying, “otherwise he will be partially manumitted” was said by Naafi‘ or the Prophet ﷺ.)
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Commentary :
Allah, Exalted is He, created all people free, and hated that some should be enslaved to others. Islam was revealed while the system of slavery was in place (and deeply entrenched into people’s financial and social systems), so the Islamic Laws of Islam keenly assigned special care to the emancipation of slaves, and facilitated its means (to free people from their condition of slavery).
In this hadeeth, the Prophet ﷺ stated that whoever wanted to manumit his share of a jointly possessed slave, be it a male or female slave, he should completely manumit him or her if can afford the price of the other shares according to the adequate price of the slave. This means that if the price of the slave is twenty Dirhams, for instance, and he is jointly owned by two masters and one of them manumits his share, he should graciously pay his co-owner the other ten Dirhams, if he can afford it, tomanumit the slave completely to become a free person. Being able to afford it here means having excess wealth beyond his needs and those of his dependents, including their basic needs such as accommodation, clothes, and the like. If he cannot afford it, then the slave will be partially manumitted.
In the same vein, it was narrated that the Prophet ﷺ said: “Whoever manumits his share of a jointly possessed slave, it is imperative for him to get that slave manumitted completely by paying the remaining price, and if he cannot afford it, then the price of the slave should be estimated justly, and he is to be allowed to work and earn the amount that will manumit him (without overburdening him).” [Al-Bukhaaree and Muslim]. This means that the partially manumitted slave may work and earn money to pay the rest of the price to free himself completely, provided that he must not be overburdened by work if he is unable to do so.

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2492

Narrated Aboo Hurayrah (may Allah be pleased with him)
The Prophet ﷺ said, "Whoever manumits his share of a jointly possessed slave, it is imperative for him to get that slave manumitted completely by paying the remaining price, and if he does not have sufficient money to manumit him, then the price of the slave should be estimated justly, and he is to be allowed to work and earn the amount that will manumit him (without overburdening him)".
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Commentary :
Allah, Exalted is He, created all people free, and hated that some should be enslaved to others. Islam was revealed while the system of slavery was in place (and deeply entrenched into people’s financial and social systems), so the Islamic Laws of Islam keenly assigned special care on the emancipation of slaves, and facilitated its means (to free people from their condition of slavery).
In this hadeeth, the Prophet ﷺ stated that whoever wanted to manumit his share of a jointly possessed slave, he should completely manumit him or her if he can afford the price of the other shares,based on the adequate price of the slave. Such a master is required to pay his co-owner the monetary value of his share, if he can afford it, tomanumit the slave completely to become a free person. Being able to afford it here means having excess wealth beyond his needs and those of his dependents, including their basic needs such as accommodation, clothes, and the like. If he cannot afford it, then the slave will be partially manumitted.
However, if he cannot afford it, then the price of the slave should be estimated justly, and he (the partially manumitted) is to be allowed to work and earn the amount that will manumit him (without overburdening him). This means that the partially manumitted slave may work and earn money to pay the rest of the price to free himself completely, provided that he must not be overburdened by work if he is unable to do so.

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2493

An-Nu‘maan ibn Basheer (may Allah be pleased with him) narrated:
The Prophet ﷺ said, "The example of the person abiding by Allah's order and restrictions in comparison to those who violate them is like the example of those people who drew lots for their seats in a boat. Some of them got seats in the upper part, and the others in the lower. When the latter needed water, they had to go up to bring water (and that troubled the others), so they said, 'Let us make a hole in our share of the ship (and get water) saving those who are above us from troubling them. So, if the people in the upper part left the others do what they had suggested, all the people of the ship would be destroyed, but if they prevented them, both parties would be safe."
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Commentary :
Enjoining good and forbidding evil is one of the best acts of worship that puts in order the affairs of the Muslims, and rectifies the situation of their nation, and without it, the whole Muslim community would collapse and perish.
In this hadeeth, the Prophet ﷺ gives an example of the importance of observing the obligation of enjoining good and forbidding evil. He ﷺ stated that the example of those who comply with the commands of Allah, Exalted is He, by enjoining good and forbidding evil, and those who violate them, i.e., by neglecting that obligation, is like the example of passengers who drew lots for their seats in a boat. Some of them got seats in the upper part, and the others in the lower. When the latter needed water, they had to go up to bring water (and that troubled the others), so they said, 'Let us make a hole in our share of the ship (and get water), saving those who are above us from trouble. A version of the hadeeth recorded in Saheeh Al-Bukhaaree reads: “One of them (i.e., the people in the lower part) took an ax and started making a hole in the bottom of the boat.” If the people in the upper part let the others do what they had suggested, the ship would sink and they all would be destroyed, but if they prevented them, both parties would be safe.
Similarly, if those who uphold the obligation of enjoining good and forbidding evil give it up, the whole nation would be destroyed, but if they keenly enjoin good and forbid evil, they would all be delivered, and the situation of all the people would be rectified.
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2494

‘Urwah ibn Al-Zubayr narrated that he had asked ‘Aa’ishah (may Allah be pleased with her) about the meaning of the ayah that reads (what means): {And if you fear that you will not deal justly with the orphan girls, then marry those that please you of [other] women, two or three or four.} [Quran 4: 3] She (may Allah be pleased with her) said: “O my nephew! This is about an orphan girl who lives with her guardian and shares his property. Her wealth and beauty may tempt him to marry her without giving her an adequate Mahr (i.e., dower) which might have been given by another suitor. So, such guardians were forbidden to marry such orphan girls unless they treated them justly and gave them the most suitable Mahr, otherwise they were ordered to marry any other women.” ‘Aa’ishah (may Allah be pleased with her) further said, "After that ayah was revealed, people again asked the Prophet ﷺ (about the marriage with orphan girls), so Allah, Exalted is He, revealed the following ayah. Allah, Exalted is He Says (what means): {And they request from you, [O Muhammad], a [legal] ruling concerning women. Say, " Allah gives you a ruling about them and [about] what has been recited to you in the Book concerning the orphan girls to whom you do not give what is decreed for them - and [yet] you desire to marry them.} [Quran 4:127] What is meant by Allah's Saying in this ayah {what has been recited to you in the Book}, is the other ayah that reads (what means): {And if you fear that you will not deal justly with the orphan girls, then marry those that please you of [other] women, two or three or four.} [Quran 4: 3] She (may Allah be pleased with her) added: “His Saying {and [yet] you desire to marry them} [Quran 4:127] in the other ayah, means the desire of the guardian to marry an orphan girl under his guardianship when she has not much property or beauty (in which case he should treat her justly). The guardians were forbidden to marry their orphan girls possessing property and beauty without being just to them, as they generally refrain from marrying them (when they are neither beautiful nor wealthy).
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Commentary :
The wise Laws of Islam enjoins care for the orphans and preservation of their wealth, and regulates the affairs of guardianship over orphans’ wealth to best serve their interests.
In this hadeeth, the Taabi’ee (a Muslim who saw at least one of the Companions)‘Urwah ibn Al-Zubayr asked his maternal aunt ‘Aa’ishah (may Allah be pleased with her), the Mother of the Believers, about the meaning of the ayah that reads (what means): {And if you fear that you will not deal justly with the orphan girls, then marry those that please you of [other] women, two or three or four.} [Quran 4: 3]. She (may Allah be pleased with her) said: “O my nephew,” since his mother was Asmaa’ bint Aboo Bakr (may Allah be pleased with them). “This is about an orphan girl who lives with her guardian,” meaning under his care. An orphan is a minor whose father passes away before he or she reaches puberty.
She added: “and shares his property,” meaning invests her wealth in trade, “Her wealth and beauty may tempt him to marry her without giving her an adequate Mahr (i.e., dower) which might have been given by another suitor. So, such guardians were forbidden to marry such orphan girls unless they treated them justly and gave them the most suitable Mahr,” meaning the highest that may be paid to women of their same social standing.
Otherwise, they were ordered to take one, two, three, or four wives from any other women.
Thereafter, ‘Aa’ishah (may Allah be pleased with her) further stated that after that ayah was revealed, people again asked the Prophet ﷺ (about marriage with orphan girls). Therefore, Allah, Exalted is He, revealed the following ayah. He Says (what means): {And they request from you, [O Muhammad], a [legal] ruling concerning women. Say, " Allah gives you a ruling about them and [about] what has been recited to you in the Book concerning the orphan girls to whom you do not give what is decreed for them - and [yet] you desire to marry them.} [Quran 4:127]. She (may Allah be pleased with her) underlined that what was meant by Allah's Saying in this ayah {what has been recited to you in the Book}, was the other ayah that reads (what means): {And if you fear that you will not deal justly with the orphan girls, then marry those that please you of [other] women, two or three or four.} [Quran 4: 3]. His Saying {and [yet] you desire to marry them,} [Quran 4:127] in the other ayah, means the desire of the guardian to marry an orphan girl under his guardianship and care when she has not much property or beauty (in which case he should treat her justly). This means that a guardian may marry off the orphan girl under his care, and he may want to marry her himself. Allah, Exalted is He, commanded him to pay her the due Mahr that is paid to other women or else marry another. Allah, Exalted is He, laid no restrictions on him to marry other women; He Says (what means): {And if you fear that you will not deal justly with the orphan girls, then marry those that please you of [other] women, two or three or four.} [Quran 4: 3]. Moreover, some guardians were not inclined to marry the orphan girls under their care because they possessed no beauty or adequate property in their views. Allah, Exalted is He, forbade them from refraining from marrying off such orphan girls to suitable suitors fearing that they would have a share in the joint property owned by the guardian and orphan girl.
In the pre-Islamic era, a guardian used to throw his robe over orphan girls under his care and this meant that no one would be ever allowed to marry such an orphan girl. If she was beautiful, he would marry her and devour her wealth, and if she was not beautiful, he would deny her marriage until she died and he would inherit her! This unjust practice was deemed prohibited in Islam. It goes without saying that marriage - especially to an orphan girl - must be based on justice and what is permissible as per the laws of Islam.
The hadeeth warns against the oppression and injustice committed against orphans, and urges guardians to fulfill their rights.
It is also inferred therefrom that the guardians are entrusted with those placed under their care and guardianship, and that wronging them constitutes a breach of trust..

1510

Abu Hurayrah (may Allah be pleased with him) reported that the Messenger of Allah (may Allah's peace and blessings be upon him) said: "No son can repay a father unless he finds him a slave and buys him and emancipates him." Another version reads: "No son can repay his father.".

Commentary : The right that children owe to their parents is great, and being dutiful to them in Islam is among the greatest means of drawing closer to Allah, as Allah has made dutifulness to them one of the broadest ways of reaching Paradise. Allah has also made not obeying them among the major sins and misdeeds that lead their perpetrators to disgracing punishment.
In this Hadīth, the Prophet (may Allah's peace and blessings be upon him) clarifies that the child, whether male or female, cannot repay his father - the mother is included and so are the grandparents who are the same as the parents - and fulfill his right in full for his kindness towards him except when he finds his father a slave, buys him with his own money, and emancipates him and sets him free. In other words, the son seeks to reach him by buying him, and it is well known that he only buys him to free him from slavery, not to have him as his own slave or to be the master of his father. So, nothing fulfills the father's right over his son, no matter what the son does, except this act. This is because Islam came when slavery and serfdom were widespread and a common habit of the Arabs, and there were bondmaids and slaves in every house.
It was said: If a man took possession of his father, the latter would be free by mere possession and [there is] no need to say: I set him free. Similarly, if he took possession of his mother, she would be free by mere possession and [there is] no need to say: I set her free.
The Hadīth encourages children to be dutiful and kind to their parents.
It also denotes the merit of emancipating slaves..

1513

Abu Hurayrah reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade the Hasāh sale (throwing pebble sale) and the Gharar sale (uncertainty sale)..

Commentary : During the pre-Islamic era of ignorance, there prevailed types of transactions that involved massive oppression and injustice. When Islam came, it established fair sales and forbade whatever involved oppression. Hence, it forbade what involved fraud and ambiguity to stop disagreement and dispute among people, which is one of the Shariah-approved objectives.
In this Hadīth, Abu Hurayrah (may Allah be pleased with him) narrates that the Prophet (may Allah's peace and blessings be upon him) forbade the Hasāh sale, which was one of the sales practiced by the people of Jāhiliyyah. If the seller or the buyer threw a pebble, that would be a sign of finalizing the sale. It had three forms: First: The seller says to the buyer: I would sell you of these garments that on which the pebble I throw falls; or: I would sell you a piece of this land from here to the part that this pebble reaches. Second: Considering the act of throwing the pebble itself a sale by saying: If you throw the pebble at this garment, it will be sold to you at such-and-such. Third: Saying: You have the option to either accept or reject the sale until I throw this pebble. It was said: It means saying: Throw the pebble and whatever number comes out, I will be entitled to an equal number of dinars or dirhams. All these are forms of invalid sales that entail doing injustice to one of the two parties of the sale.
The Messenger of Allah (may Allah's peace and blessings be upon him) also forbade the Gharar sale. Gharar means danger, delusion, and deceit. This is a generalization after a specification, as it includes any sale that involves any kind of deceit, or that which is ambiguous or cannot be fulfilled. One of the rationales behind forbidding this sale is the fact that it is a waste of money, for one may not be able to get the sold item, which means that he spent his money in vain.
The Hadīth prohibits deception and fraud in sales.
It warns against consuming people's properties wrongfully.
It also points out that the object of a sale transaction must be something known and must have a known price..

1519

Abu Hurayrah (may Allah be pleased with him) reported that the Messenger of Allah (may Allah's peace and blessings be upon him) said: Do not go out to meet what is being brought for trade. Whoever goes out to meet it and buys something thereof, when its master comes to the market, he will have the option..

Commentary : Selling and buying have rulings and etiquettes in Islam that a Muslim must adhere to fulfill justice in transactions and enjoy the pleasures of this worldly life and the Hereafter.
In this Hadīth, the Prophet (may Allah's peace and blessings be upon him) forbids merchants from going out and receiving those people who transport commodities from one country to another. They must not receive them before arriving and being acquainted with the prices of commodities in such a country because this might harm the seller as they might buy from him at a lower price than its known price, which would result in harming the owner of the commodity by underestimating its price. Hence, the Prophet (may Allah's peace and blessings be upon him) commanded the one who goes out to meet it and buys something thereof, and does not comply with the prohibition. So when "its master," i.e., the owner of the commodity, comes to the market, he will have the option either to effect the sale or take back his goods, for perhaps he did him injustice and wronged him regarding its price compared to its price in this country.
The Hadīth encourages truthfulness and transparency and the avoidance of deceit in commercial transactions.
It shows the Prophet's keenness on whatever brings goodness to his Ummah and his kindness towards them even when it comes to worldly interests..

1525

Ibn ‘Abbās reported that the Messenger of Allah (may Allah's peace and blessings be upon him) said: Whoever buys food should not sell it until he measures it. I said to Ibn ‘Abbās: Why? He said: Do you not see them transacting with gold, whereas the food is deferred?.

Commentary : Allah Almighty has prescribed in sale what maintains people's rights, keeps them away from conflicts and quarrels, and repels harm from them.
In this Hadīth, the Messenger of Allah (may Allah's peace and blessings be upon him) advises us saying that whoever buys food and wants to resell it, he "should not sell it" until he takes it after being measured and weighed. This is an indirect reference that the buyer should receive it and it becomes in his possession and knows its amount in a way that negates ambiguity. This is related to what is sold by measure as in this case, so it must be first measured until he receives it in full, then, he may sell it afterward. It is not lawful for him to sell it before measuring it, as it could be subject to excess or deficiency, which entails doing injustice and harm either to the seller or the buyer. Thereupon, Tāwūs ibn Kaysān - from the Tābi‘is - asked Ibn ‘Abbās (may Allah be pleased with him and his father): "Why?" i.e., why did the Messenger of Allah (may Allah's peace and blessings be upon him) stipulate this condition? Ibn ‘Abbās (may Allah be pleased with him and his father) said: "Do you not see them transacting with gold, whereas the food is deferred?" In other words, the seller used to take the price in gold dinars, and then he would delay the delivery of food to the buyer. Therefore, the Prophet (may Allah's peace and blessings be upon him) stipulated that the buyer should not resell it until he receives it and it becomes in his possession. Another Hadīth in the two Sahīh Collections clarified that what he meant by that is to transfer the food to another place or to the markets where it is sold in order not to be monopolized or manipulate its price. So, he made it clear that the right thing is to transfer it to the markets, which are known to people, where food is sold and to take possession of it, since Qabd (taking possession) is a condition, and transferring it as mentioned fulfills this condition.
Moreover, in the two Sahīh Collections, the Prophet (may Allah's peace and blessings be upon him) forbade reselling the food after buying it until he receives it in full, i.e., he should not adopt any procedure or dispose of it by selling it again unless he first takes what he has purchased and it becomes in his full possession. Only then, he can resell it. This guarantees preventing any harm to the seller, the buyer, or the dwellers of this country that could result in disputes and conflicts between people and, thus, inflict harm upon them.
The Hadīth shows the Prophet's keenness on whatever brings goodness to his Ummah and his kindness towards them even when it comes to worldly interests.
It highlights the prohibition of adopting sale methods that lead to the monopoly of goods and the rise in prices, or that cause harm to the parties involved in the sale transaction..

1530

Jābir ibn ‘Abdullāh reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade selling a heap of dried dates, whose measure is unknown, for a specified amount of dried dates..

Commentary : The rulings of sale transactions in Islam revolve around honesty and the absence of uncertainty among the parties involved in the sale. The sold item must be known to both parties, in terms of type, quantity, and quality, in such a way that removes any ambiguity. The Prophet (may Allah's peace and blessings be upon him) forbade certain kinds of sales that involve Jahālah (ambiguity), Gharar (uncertainty), and Riba (usury).
This Hadīth clarifies some of these forbidden kinds of sales. Jābir ibn ‘Abdullah (may Allah be pleased with him and his father) narrates that the Messenger of Allah (may Allah's peace and blessings be upon him): "Forbade selling a heap of dried dates, whose measure is unknown," "Subrah" (heap): food that is collected in a pile and whose weight and quantity are unknown. This applies to all types of food; however, he mentioned here one type in particular, namely the dried dates, because it is their staple food; otherwise, the mentioned prohibition includes all types of measured food. In Muslim's version, he did not mention his saying: "of dried dates" at the end of the Hadīth, which indicates the inclusion of all types of food sold without knowing its amount in exchange for a known amount of its like. "For a specified amount of dried dates," i.e., he forbade selling an unknown amount for a known amount of the same type, like dried dates for dried dates, wheat for wheat, and barley for barley, as this involves ambiguity regarding the unmeasured food from one aspect besides involving Riba al-Fadl (usury of surplus) from another aspect, bearing in mind that ignorance about the equality between the sold and purchased items is like knowing that there is a surplus between them, which is clear Riba. If the items subject to Riba rulings are the same, then, they must be the same in measure and hand to hand. However, if they are of different types, then, there is nothing wrong with the surplus between them like in the case of selling dried dates for wheat, or barley for corn, and the same applies to selling for cash, gold, or silver.
The Hadīth clarifies how the Shariah regulates the process of selling and buying to avoid the occurrence of disputes..

1536

Jābir reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade leasing land and selling it ahead for years, and selling fruits before ripening..

Commentary : In the pre-Islamic era of ignorance, there prevailed types of sale that brimmed with oppression and injustice. When Islam came, it established fair sales and forbade everything involving oppression. Hence, it forbade cheating in sale transactions. Putting an end to disputes and conflicts between the seller and the buyer is one of the objectives of the Shariah.
In this Hadīth, Jābir ibn ‘Abdullah (may Allah be pleased with him and his father) reports that the Messenger of Allah (may Allah's peace and blessings be upon him) forbade "leasing land", which is renting it. The forbidden lease is that which is in return for some of its produce, which means that the rent agreed upon between the owner and the lessee is an amount specified from the beginning of the fruits produced by this land, which may or may not produce this amount. In this case, the one who cultivates it will not be capable of fulfilling his contract. However, there is nothing wrong with leasing land in return for gold, silver, or cash, as in the two Sahīh Collections, Hanzhalah ibn Qays reported: "That he asked Rāfi‘ ibn Khadīj about leasing land, and he said: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade leasing land. He said: I said: Even in return for gold and silver? He said: If it is in return for gold and silver, there is no harm in it." Also in the two Sahīh Collections, Ibn ‘Umar (may Allah be pleased with him and his father) reported: "The Prophet (may Allah's peace and blessings be upon him) agreed with the people of Khaybar to work and cultivate in return for half of the fruits or crops produced." Therefore, the owner is allowed to lease it in return for a standard percentage of what is cultivated therein, like one-fourth or one-third of its produce.
He also forbade "selling it in advance for years." A version of Muslim reads: "Selling fruits in advance for years," which is selling the fruits of trees and palm trees for two years or more, knowing that such fruits have not been created yet. This is a Gharar sale (uncertain sale) because it involves selling something non-existent, ambiguous, undeliverable, and not owned by the contractor. So, it is a sale that involves a great deal of uncertainty and ambiguity.
The Prophet (may Allah's peace and blessings be upon him) also forbade "selling fruits before ripening," i.e., appearing to be ripe when it becomes colorful and its fruit appears and it becomes red or yellow, which is a sign of its good condition and safety from blight, and it becomes suitable for eating and selling.
The Hadīth shows the prohibition of every sale that involves ambiguity..

1536

Jābir ibn ‘Abdullāh reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade taking of rent or share of land..

Commentary : In the pre-Islamic era of ignorance, there prevailed types of sales that brimmed with oppression and injustice. When Islam came, it established fair sales and forbade whatever involved oppression. Hence, it forbade whatever involved fraud, uncertainty, and ambiguity to put an end to disputes and conflicts among people, which is one of the Shariah-approved objectives.
During the time of the Prophet (may Allah's peace and blessings be upon him), people used to lease their cultivated lands with contracts that either included an ambiguous rent or entailed injustice to the tenant. Hence, the Prophet (may Allah's peace and blessings be upon him) forbade taking rent or share of the land to prevent such contracts. The rent or share here means: The rent agreed upon between the owner, and the lessee is an amount specified from the beginning of the fruits produced by this land, and the land may produce this amount and may not, in which case the one who cultivates it will not be capable of fulfilling his contract. Hence, this was forbidden so they would not deceive the other or wrongfully consume his brother's property.
As for leasing in return for gold, silver, or cash, there is nothing wrong with it, as in the two Sahīh Collections - the wording is that of Muslim - Hanzhalah ibn Qays reported: "That he asked Rāfi‘ ibn Khadīj about leasing land, and he said: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade leasing land. He said: I said: Even in return for gold and silver? He said: If it is in return for gold and silver, there is no harm in it." Also in the two Sahīh Collections, Ibn ‘Umar (may Allah be pleased with him and his father) reported: "The Prophet (may Allah's peace and blessings be upon him) agreed with the people of Khaybar to work and cultivate in return for half of the fruits or crops produced." Therefore, the owner is allowed to lease it in return for a standard percentage of what is cultivated therein, like one-fourth or one-third of its produce..

1536

Jābir reported: The Prophet (may Allah's peace and blessings be upon him) forbade the sale of produce several years in advance. Another version reads: Selling fruits years in advance..

Commentary : Islam cares about protecting people's properties and is keen on not wasting them. It has clarified the manner of dealing with fixed assets and cash and how to manage selling and buying in such a way that guarantees the absence of uncertainty between the transactors and the removal of ambiguity from the sold item.
In this Hadīth, Jābir ibn ‘Abdullah (may Allah be pleased with him and his father) narrates that the Messenger of Allah (may Allah's peace and blessings be upon him) forbade the sale of selling in advance, or selling fruits years in advance, which is selling the fruits of trees and palm trees for two years or more, knowing that such fruits have not been created yet. This is a Gharar sale (a sale of uncertainty) because it involves selling something non-existent, ambiguous, undeliverable, and not owned by the contractor. So, it is a sale that involves a great deal of uncertainty and ambiguity.
One of the rationales behind this prohibition is the waste of money involved as the sold item might not be achieved, and he would have, thus, spent his money in vain.
The Hadīth shows the Prophet's keenness to establish financial relations among people based on sound grounds to protect the rights of all parties involved..

1536

Jābir reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade selling the white land (uncultivated land) for two or three years..

Commentary : Islam cares about protecting people's property and is keen on not wasting them. It has clarified the manner of dealing with fixed assets and cash and how to manage selling and buying in such a way that guarantees the absence of uncertainty between the transactors and the removal of ambiguity from the sold item.
In this Hadīth, Jābir ibn ‘Abdullah (may Allah be pleased with him and his father) narrates that the Prophet (may Allah's peace and blessings be upon him) forbade selling the white land, which is the land that has no trees or plants. What is meant by selling it here is its "Kirā’" (leasing), which means taking a share of the fruits as a rent for the land. It was called "sale" because it refers to selling a benefit. His saying: "Two or three years" indicates that the land may not yield a product during one of the contract years. Hence, its cultivator will need to fulfill his contract. For this reason, the Prophet (may Allah's peace and blessings be upon him) made the original state of the land dominant in the contract so that none of them would deceive the other or consume his brother's property wrongfully.
As for leasing in return for gold, silver, or cash, there is nothing wrong with that, for in the two Sahīh Collections - the wording is that of Muslim - Hanzhalah ibn Qays reported: "That he asked Rāfi‘ ibn Khadīj about leasing land, and he said: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade leasing land. He said: I said: Even in return for gold and silver? He said: If it is in return for gold and silver, there is no harm with that."
The Prohibition in this Hadīth is from uncertainty in leasing land in return for something ambiguous or not guaranteed of its fruits and how the transaction should be transparent and known to avoid discord and wasting people's properties..

1541

Abu Hurayrah reported: the Messenger of Allah (may Allah's peace and blessings be upon him) gave a concession for the sale of ‘Arāyā (unpicked ripe dates for dry dates) by estimation when they are less than - or he said: equal to - five Wasqs (a standard measure)..

Commentary : In the pre-Islamic era of ignorance, there were types of Riba-based sales. When Islam came, it rectified and refined such sale transactions and established the fair sale, which is free from Riba (usury). It forbade all types of sales that involve a possibility of Riba and that involve injustice.
In this Hadīth, Abu Hurayrah (may Allah be pleased with him) reports that the Messenger of Allah (may Allah's peace and blessings be upon him) "gave a concession," i.e., allowed and permitted, "the sale of ‘Arāyā": A type of sale that takes the following form: Buying fresh dates after becoming ripe on the date palms for dry dates. So, the fruits on the date palm are given to the needy to eat therefrom whenever they like. What is on the date palms is estimated and dry dates are taken in exchange. It was called the ‘Arāya sale because the owner of the date palm gives it to a needy person, i.e., he strips it of its fruits for his sake. However, the Shariah set a condition that this should be done "by estimation," i.e., with a similar number of dried dates for the unpicked fruits. This is because some people would witness the season of ripe dates and wish to feed their children therefrom while having no date palms or money. Hence, the Prophet (may Allah's peace and blessings be upon him) wanted to show kindness to them. He also stipulated that this should be of a measure or weight less than "five Wasqs", and the "Wasq" is a standard measure that is equal to sixty Sā‘s, i.e. (130.5kg) one hundred thirty kilograms and a half. Therefore, five Wasqs are equal to almost (653kg) six hundred fifty-three kilograms.
This means: The Prophet (may Allah's peace and blessings be upon him) granted them a concession regarding this kind of sale with this amount only because it could be mistakenly thought to be Riba, as the Prophet (may Allah's peace and blessings be upon him) forbade selling fruits for fruits of the same type, which is called a Muzābanah sale (selling something definite for an indefinite amount of its kind). It is as if the Prophet (may Allah's peace and blessings be upon him) made for them the exception of the ‘Arāya sale from Muzābanah and restricted it to five Wasqs to avoid the possibility of Riba.
His saying: "Or equal to five Wasqs" refers to the doubt that one of the Hadīth narrators had, and he was Dāwūd ibn al-Husayn, as he did not remember whether it was five Wasqs or less than five Wasqs.
The Hadīth clarifies the concession granted regarding one of the sale transactions out of alleviation and facilitation for the Ummah.
It also points out that the specified amount in the ‘Arāya sale transactions is five Wasqs..

1547

Ibn ‘Umar reported: We did not see anything wrong with Khibr until last year when Rāfi‘ claimed that the Prophet (may Allah's peace and blessings be upon him) forbade it. [Another version reads]: So, we abandoned it on account of that. [Another version reads]: Rāfi‘ has forbidden us from benefitting from our land..

1547

Hanzhalah ibn Qays al-Ansāri reported: I asked Rāfi‘ ibn Khadīj about leasing land in return for gold and silver, he replied: "There is no harm in it. At the time of the Prophet (may Allah's peace and blessings be upon him) the people used to lease lands in return for the yield of what grows on the banks of large rivers and the beginnings of water streams or the yield of certain parts of the land. Some of the harvest would be destroyed and some would remain safe. This was the only system the people had for renting lands, and thus, he forbade it. If the rent is something known and guaranteed, there is no harm in it.".

Commentary : During the pre-Islamic era of ignorance, there prevailed types of transactions that involved massive oppression and injustice. When Islam came, it established fair sales and forbade whatever involved oppression. Hence, it forbade what entailed fraud, uncertainty, and ambiguity to stop discord and dispute among people, which is one of the Shariah-approved objectives. At the time of the Prophet (may Allah's peace and blessings be upon him), people used to lease lands in return for a share of the yield as rent. The Tābi‘i Hanzhalah ibn Qays al-Ansāri asked the Companion Rāfi‘ ibn Khadīj (may Allah be pleased with him) about leasing it, i.e., renting it in return for gold and silver, which are meant here to refer to the dinar and dirham. This is a question about leasing land in return for gold and silver instead of leasing it in return for part of the yield. Rāfi‘ (may Allah be pleased with him) replied that there is no objection to leasing land in return for gold and silver, and he said: "At the time of the Prophet (may Allah's peace and blessings be upon him) the people used to lease lands in return for the yield of what grows on the banks of large rivers," which are the watercourses coming from the wide river. It was said: What grows on the banks of the watercourse, and it was said: What grows around the brooklets. "And the beginnings of water streams," which are the beginnings of small rivers, "or the yield of certain parts of the land," i.e., types of the cultivated crops. This means: the owner allocates to himself the parts that would yield the best fruits or the finest crops, and the rest is for the tenant.
Rāfi‘ said: "Some of the harvest would be destroyed and some would remain safe," i.e., either the harvest of the owner or that of the tenant is destroyed, so one of them is wronged. "This was the only system the people had for renting lands, and thus, he forbade it," i.e., the Prophet (may Allah's peace and blessings be upon him) prohibited this kind of rent given the Jahālah (ambiguity) that it involved, and Jahālah is Gharar (uncertainty). If the rent, however, is something known and guaranteed, i.e., a known rent in cash, then there is no objection to leasing the land in return for such rent.
The Hadīth points out the permissibility of leasing land in return for a known amount of cash money..

1548

Rāfi‘ ibn Khadīj reported: At the time of the Messenger of Allah (may Allah's peace and blessings be upon him), we used to lease land based on Muhāqalah so that we would lease it in return for one-third or one-quarter of the yield or a specified amount of food. One day, a man from among my paternal uncles came and said: The Messenger of Allah (may Allah's peace and blessings be upon him) has forbidden us from something beneficial for us, but obedience to Allah and His Messenger is more beneficial for us. He has forbidden us to lease land based on Muhāqalah and to lease it in return for one-third or one-quarter of the yield and for a specified amount of food. He commanded the landowner to cultivate it or to give it to someone else to cultivate. He disliked leasing it or anything else. [Another version reads]: We used to lease land based on Muhāqalah, leasing it in return for one-third or one-quarter of the yield..

Commentary : In the pre-Islamic era of ignorance, there prevailed types of sale that brimmed with oppression and injustice. When Islam came, it established fair sales and forbade whatever involved oppression. Hence, it forbade whatever involved fraud, uncertainty, and ambiguity to end disputes and conflicts among people, which is one of the Shariah-approved objectives.
In this Hadīth, Rāfi‘ ibn Khadīj (may Allah be pleased with him) reports that they used to lease land based on Muhāqalah during the time of the Messenger of Allah (may Allah's peace and blessings be upon him). There are different opinions regarding the meaning of Muhāqalah. It is said: It means leasing the land in return for wheat, as interpreted in some versions, which is called Muhārathah by the cultivators. It is said: It means the cultivation of land in return for a known share of its produce, like one-third, one-fourth, or the like as mentioned in this Hadīth. It is said: It means selling food in its ears in return for wheat grains. It is said: It means selling crops before fully growing. His saying: "And for a specified amount of food," i.e., by taking a specified share of the fruits as a rent for the land, and all this entails ambiguity in the contract between the owner and the lessee. Then, Rāfi '(may Allah be pleased with him) reported that things continued in this way until one day, one of his paternal uncles - it is said: His uncle Zhahīr ibn Rāfi '- came and informed them that the Messenger of Allah (may Allah's peace and blessings be upon him) forbade them from something beneficial for them, referring to Muhāqalah, which was what they obtained in return for using the land so that they would benefit and the worker would benefit as well. However, this benefit, in fact, is a partial benefit, and perhaps it will not be safe from harm, as its fruits might be ruined, which would lead to the loss of the right of one of them. "But obedience to Allah and His Messenger is more beneficial for us," i.e., obeying Allah and His Messenger (may Allah's peace and blessings be upon him) to what he guides us is more beneficial for us than this assumed benefit of Kirā’ and Muzāra‘ah that we used to practice. In fact, responding to the Messenger of Allah (may Allah's peace and blessings be upon him) is better and more beneficial for their religion and worldly life. One of their ways of practicing Muhāqalah was leasing land in return for one-third or one-fourth of its yield or a specified amount of food, i.e., by taking a share of the fruits as a rent for the land. So, the Prophet (may Allah's peace and blessings be upon him) commanded the landowner to cultivate it himself or give it to someone to cultivate. The Prophet (may Allah's peace and blessings be upon him) disliked "leasing it or anything else," i.e., anything related to leasing. It is said: This was during the early days of emigration out of compassion for them; they had either to cultivate it or to let it be cultivated by others from their emigrant brothers. Then, he (may Allah's peace and blessings be upon him) granted a concession for leasing. It was reported that there is no harm in leasing in return for gold, silver, or cash, as in the two Sahīh Collections, Hanzhalah ibn Qays reported: "That he asked Rāfi‘ ibn Khadīj about leasing land, and he said: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade leasing land. He said: I said: Even in return for gold and silver? He said: If it is in return for gold and silver, there is no harm in it." Also in the two Sahīh Collections, Ibn ‘Umar (may Allah be pleased with him and his father) reported: "The Prophet (may Allah's peace and blessings be upon him) agreed with the people of Khaybar to work and cultivate in return for half of the fruits or crops produced." Therefore, it is permissible for the owner to rent it in return for a standard percentage of what is cultivated therein, like one-fourth or one-third of its produce. The prohibition refers to whatever involves risk, ambiguity, and uncertainty. The most famous among such transactions was where the landowner used to specify for himself part of the land and what it produced.
The Hadīth highlights the fact that Allah Almighty and His Messenger (may Allah's peace and blessings be upon him) never forbid benefits and interests; rather, they forbid evil consequences and whatever leads to them..

1549

‘Abdullah ibn as-Sā’ib reported: We entered upon ‘Abdullah ibn Ma‘qil and asked him about Muzāra‘ah (sharecropping). He said: Thābit claimed that the Messenger of Allah (may Allah's peace and blessings be upon him) forbade Muzāra‘ah and commanded Mu’ājarah (leasing land for rent), and he said: There is no harm in it..

Commentary : In the pre-Islamic era of ignorance, there prevailed types of sales that brimmed with oppression and injustice. When Islam came, it established fair sales and forbade whatever involved oppression. Hence, it forbade whatever involved fraud, uncertainty, and ambiguity to end disputes and conflicts among people, which is one of the Shariah-approved objectives.
In this Hadīth, Thābit ibn ad-Dahhāk (may Allah be pleased with him) reports that the Prophet (may Allah's peace and blessings be upon him) forbade Muzāra‘ah, which is leasing the land in return for part of it and working on the land for part of its fruit production. The prohibition here refers to whatever involves risk, ambiguity, and uncertainty, and the most famous among such transactions was the one where the landowner used to specify for himself part of the land and what it produced. However, apart from this, it is permissible for the owner to lease it for a standard percentage of what is cultivated therein, like one-fourth or one-third of its produce, as it is mentioned in the two Sahīh Collections that Ibn ‘Umar (may Allah be pleased with him and his father) reported: "The Prophet (may Allah's peace and blessings be upon him) agreed with the people of Khaybar to work and cultivate in return for half of the fruits or crops produced."
The Prophet (may Allah's peace and blessings be upon him) commanded and made it permissible for them to practice Mu’ājarah instead of Muzāra‘ah and it means taking a known rent in gold, silver, or cash because this kind of lease is the farthest from uncertainty and ambiguity. In the two Sahīh Collections, Hanzhalah ibn Qays reported: "That he asked Rāfi‘ ibn Khadīj about leasing land, and he said: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade leasing land. He said: I said: Even in return for gold and silver? He said: If it is in return for gold and silver, there is no harm in it.".

1551

Ibn ‘Umar reported: 'Umar ibn al-Khattāb expelled the Jews and the Christians from the land of Hijāz, and when the Messenger of Allah (may Allah's peace and blessings be upon him) conquered Khaybar, he wanted to expel the Jews from that place, for when the land was conquered, it came to belong to Allah, His Messenger, and the Muslims. Hence, he wanted to expel the Jews from it. However, the Jews asked the Messenger of Allah (may Allah's peace and blessings be upon him) to leave them there on condition that they should do all its work and have half the produce. The Messenger of Allah (may Allah's peace and blessings be upon him) said to them: We shall leave you there on that condition for as long as we wish. So, they stayed there until ‘Umar expelled them to Taymā’ and Arīhā’..

Commentary : Some of the Jewish tribes were living in Madīnah, and they kept betraying Muslims and breaching their covenants with the Prophet (may Allah's peace and blessings be upon him) during his lifetime and with his Companions after his death. So, some of them made covenants with them, whereas others declared war against them.
In this Hadīth, ‘Abdullah ibn ‘Umar (may Allah be pleased with him and his father) reports that the Caliph ‘Umar ibn al-Khattāb (may Allah be pleased with him) expelled the Jews and the Christians, i.e., he deported them from the land of Hijāz, namely Makkah and Madīnah and their surroundings.
Ibn ‘Umar (may Allah be pleased with him and his father) reports that when the Messenger of Allah (may Allah's peace and blessings be upon him) gained victory over the people of Khaybar and overcame them in the seventh year of Hijrah, and it was a village inhabited by the Jews almost 168 kilometers away from Madīnah from the direction of the Levant, he (may Allah's peace and blessings be upon him) wanted to expel the Jews from it, for when the land of Khaybar was conquered by Muslims, it became a possession of Allah, His Messenger, and Muslims. This clearly shows that the land was no longer owned by the Jews after being conquered by Muslims; rather, the Messenger of Allah (may Allah's peace and blessings be upon him) distributed it among the victorious Muslims and it became among their possessions. What is meant by it being a possession of Allah and His Messenger is that some of its shares were given to the Muslims' public treasury.
On knowing that the Messenger of Allah (may Allah's peace and blessings be upon him) wanted to deport them from Khaybar, the Jews asked him to allow them to stay in it and leave them on condition that they would work therein in the trees and the land in return for half of its fruits, whereas the other half would be for him, and he (may Allah's peace and blessings be upon him) agreed to the condition they stipulated for themselves. His saying: "For as long as we wish", was an exception made by the Messenger of Allah (may Allah's peace and blessings be upon him) to the condition of their stay. It means that if Muslims wanted to expel you from that place, you would have to leave, as the Jews were not entitled to anything if Muslims had a different opinion. The agreement was concluded on such terms, and the Jews remained in Khaybar and stayed therein during the time of the Prophet (may Allah's peace and blessings be upon him) and during the caliphate of Abu Bakr as-Siddīq (may Allah be pleased with him) until 'Umar ibn al-Khattāb (may Allah be pleased with him) became the caliph. During his time, Muslims were of the opinion of expelling the Jews from the Peninsula, and this acted as an invalidation of the contract between the Muslims and the Jews, and 'Umar (may Allah be pleased with him) expelled them from that place to Taymā' and Arīhā'.
Taymā’ is a place on the way of Madīnah and Tabūk city toward the Levant. Historically and geographically, it is located northwest of the Arabian Peninsula. It is almost 264 kilometres away to the east of Tabūk city and nearly 420 kilometres away to the north of Madīnah, whereas Arīhā’ was a village in the Levant.
The reason why ‘Umar (may Allah be pleased with him) expelled the Jews was narrated in Al-Bukhāri Collection where ‘Umar (may Allah be pleased with him) said: ‘Abdullah ibn ‘Umar went to his property there and was attacked at night, and his hands and feet were injured, and as we have no enemies there except them, they are our enemies and the ones whom we suspect, and I have made up my mind to exile them. So, he exiled them and gave them the price of the fruits they were entitled to in the form of money, camels, and goods, including saddles, ropes, etc. In the two Sahīh Collections, the Prophet (may Allah's peace and blessings be upon him) said: "Expel the polytheists from Arabia."
The Hadīth shows that agricultural land is leased to the landowner for a known portion of its fruits, whereas the rest goes to its cultivator.
It points out that a Muslim ruler has the right to conclude treaties, make whatever exceptions he wants, and revoke such treaties based on the agreed-upon conditions, provided that all this is for the benefit of Muslims.
It highlights the fact that dealing with the People of the Book should be for what brings benefit, not harm, to the Muslim Ummah, along with being careful and taking precautions against them..

Book of Hadith

| Hadiths

Narrated Aboo Hurayrah (may Allah be pleased with him)
The Prophet ﷺ judged that seven cubits should be left as a public way when there was a dispute about the land.
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‘Abdullah ibn Yazeed Al-Khatimee Al-Ansaaree (may Allah be pleased with him) said: The Prophet ﷺ forbade robbery (i.e., taking away what belongs to others without their permission), and also forbade mutilation (or maiming) of bodies.
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‘Abdullah ibn ‘Amr ibn Al-‘Aas (may Allah be pleased with them) narrated:
I heard the Prophet ﷺ saying, "Whoever is killed while protecting his property is a martyr."
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Raafi‘ ibn Khadeej (may Allah be pleased with him) narrated:
We used to offer the ‘Asr prayer with the Prophet ﷺ and slaughter a camel, the meat of which would be divided in ten parts. We would eat the cooked meat before sunset.
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Abu Hurayrah (may Allah be pleased with him) reported that the Messenger of Allah (may Allah's peace and blessings be upon him) said: "No son can repay a father unless he finds him a slave and buys him and emancipates him." Another version reads: "No son can repay his father.".

Abu Hurayrah reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade the Hasāh sale (throwing pebble sale) and the Gharar sale (uncertainty sale)..

Ibn ‘Abbās reported that the Messenger of Allah (may Allah's peace and blessings be upon him) said: Whoever buys food should not sell it until he measures it. I said to Ibn ‘Abbās: Why? He said: Do you not see them transacting with gold, whereas the food is deferred?.

Jābir ibn ‘Abdullāh reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade selling a heap of dried dates, whose measure is unknown, for a specified amount of dried dates..

Jābir reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade leasing land and selling it ahead for years, and selling fruits before ripening..

Jābir ibn ‘Abdullāh reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade taking of rent or share of land..

Jābir reported: The Prophet (may Allah's peace and blessings be upon him) forbade the sale of produce several years in advance. Another version reads: Selling fruits years in advance..

Jābir reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade selling the white land (uncultivated land) for two or three years..

Abu Hurayrah reported: the Messenger of Allah (may Allah's peace and blessings be upon him) gave a concession for the sale of ‘Arāyā (unpicked ripe dates for dry dates) by estimation when they are less than - or he said: equal to - five Wasqs (a standard measure)..

Book of Hadith

| Hadiths

Narrated Aboo Hurayrah (may Allah be pleased with him) The Prophet ﷺ judged that seven cubits should be left as a public way when there was a dispute about the land. .

‘Abdullah ibn Yazeed Al-Khatimee Al-Ansaaree (may Allah be pleased with him) said: The Prophet ﷺ forbade robbery (i.e., taking away what belongs to others without their permission), and also forbade mutilation (or maiming) of bodies. .

‘Abdullah ibn ‘Amr ibn Al-‘Aas (may Allah be pleased with them) narrated: I heard the Prophet ﷺ saying, "Whoever is killed while protecting his property is a martyr." .

Raafi‘ ibn Khadeej (may Allah be pleased with him) narrated: We used to offer the ‘Asr prayer with the Prophet ﷺ and slaughter a camel, the meat of which would be divided in ten parts. We would eat the cooked meat before sunset. .

Abu Hurayrah (may Allah be pleased with him) reported that the Messenger of Allah (may Allah's peace and blessings be upon him) said: "No son can repay a father unless he finds him a slave and buys him and emancipates him." Another version reads: "No son can repay his father.".

Abu Hurayrah reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade the Hasāh sale (throwing pebble sale) and the Gharar sale (uncertainty sale)..

Ibn ‘Abbās reported that the Messenger of Allah (may Allah's peace and blessings be upon him) said: Whoever buys food should not sell it until he measures it. I said to Ibn ‘Abbās: Why? He said: Do you not see them transacting with gold, whereas the food is deferred?.

Jābir ibn ‘Abdullāh reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade selling a heap of dried dates, whose measure is unknown, for a specified amount of dried dates..

Jābir reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade leasing land and selling it ahead for years, and selling fruits before ripening..

Jābir ibn ‘Abdullāh reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade taking of rent or share of land..

Jābir reported: The Prophet (may Allah's peace and blessings be upon him) forbade the sale of produce several years in advance. Another version reads: Selling fruits years in advance..

Jābir reported: The Messenger of Allah (may Allah's peace and blessings be upon him) forbade selling the white land (uncultivated land) for two or three years..

Abu Hurayrah reported: the Messenger of Allah (may Allah's peace and blessings be upon him) gave a concession for the sale of ‘Arāyā (unpicked ripe dates for dry dates) by estimation when they are less than - or he said: equal to - five Wasqs (a standard measure)..

Narrated Aboo Hurayrah (may Allah be pleased with him)
The Prophet ﷺ judged that seven cubits should be left as a public way when there was a dispute about the land.
.

‘Abdullah ibn Yazeed Al-Khatimee Al-Ansaaree (may Allah be pleased with him) said: The Prophet ﷺ forbade robbery (i.e., taking away what belongs to others without their permission), and also forbade mutilation (or maiming) of bodies.
.

‘Abdullah ibn ‘Amr ibn Al-‘Aas (may Allah be pleased with them) narrated:
I heard the Prophet ﷺ saying, "Whoever is killed while protecting his property is a martyr."
.

Raafi‘ ibn Khadeej (may Allah be pleased with him) narrated:
We used to offer the ‘Asr prayer with the Prophet ﷺ and slaughter a camel, the meat of which would be divided in ten parts. We would eat the cooked meat before sunset.
.