Ibn ‘Umar (may Allah be pleased with him) said:
When the people of Khaybar dislocated ‘Abdullah ibn ‘Umar's hands and feet, ‘Umar (may Allah be pleased with him) got up delivering a speech saying, "No doubt, Allah's Messengerﷺmade a contract with the Jews concerning their properties, and said to them, 'We allow you (to stay in your land) as long as Allah, Exalted is He, allows you.' Now ‘Abdullah ibn ‘Umar went to his land and was attacked at night, and his hands and feet were dislocated, and as we have no enemies there except those Jews, they are our enemies and the only people whom we suspect, I have made up my mind to exile them." When ‘Umar (may Allah be pleased with him) decided to carry out his decision, a son of Abee Al-Huqayq came and addressed ‘Umar, "O Commander of the Believers, will you exile us although Muhammad ﷺ allowed us to stay at our places, and made a contract with us concerning our properties, and accepted the condition of our residence in our land?" ‘Umar (may Allah be pleased with him) said, "Do you think that I have forgotten the statement of Allah's Messengerﷺ, i.e., ‘What will your condition be when you are expelled from Khaybar and your camel will be carrying you night after night?’ The Jew replied, "That was a joke made by Aboo Al-Qaasim." ‘Umar (may Allah be pleased with him) said, "O the enemy of Allah! You are telling a lie!" ‘Umar (may Allah be pleased with him) then expelled them and paid them the price of their properties in the form of fruits, money, camel saddles, ropes …etc.”
.

Commentary :
The Jews inside and outside Al-Madeenah continued to scheme against the Muslims and break their covenants with the Prophet ﷺ during his lifetime and with his Companions (may Allah be pleased with them) after his death. The Prophet ﷺ evacuated the Jews of Banee Al-Nadheer and Banee Qaynuqaa‘, then the Caliph ‘Umar ibn Al-Khattaab (may Allah be pleased with him) evacuated the Jews of Khaybar, as stated in this hadeeth. Khaybar is a town located north of Al-Madeenah on the route to Shaam, 95 miles (153 km) from Al-Madeenah.
The Prophet ﷺ made an agreement with the Jews of Khaybar concerning their properties, allowing them to keep them in return for paying the Jizyah (i.e., head tax on non-Muslim citizens living under the protection of Muslim rule). He ﷺ agreed for them to work in their farms in Al-Madeenah in return for a specified share of the yield. During the Caliphate of ‘Umar (may Allah be pleased with him), the people of Khaybar insidiously attacked ‘Abdullah ibn ‘Umar (may Allah be pleased with him)and dislocated his hands and feet when he went to them. ‘Umar (may Allah be pleased with him) delivered a speech and informed the people of what had happened to his son at the hands of some unknown people in Khaybar and underlined that they had no enemies there except those Jews, which made them the prime suspects. He (may Allah be pleased with him) stated that he (may Allah be pleased with him)had decided that exiling them from Al-Madeenah was the best solution. When ‘Umar (may Allah be pleased with him) decided to carry out his decision, a son of Abee Al-Huqayq, their chief and leader, came and addressed ‘Umar, "O Commander of the Believers, will you exile us although Muhammad ﷺ allowed us to stay at our places,” meaning made an agreement and covenant with us to stay in Al-Madeenah and take care of our properties, i.e., made a contract with us to stay and work in our farms. ‘Umar (may Allah be pleased with him) said, "Do you think that I have forgotten the statement of Allah's Messengerﷺ, i.e., ‘What will your condition be when you are expelled from Khaybar and your camel will be carrying you night after night?’ The Jew replied, "That was a joke made by Aboo Al-Qaasim." He (may Allah be pleased with him) meant that the Prophet ﷺ did not actually mean it and was merely joking. ‘Umar (may Allah be pleased with him) said, "O enemy of Allah! You are telling a lie." ‘Umar (may Allah be pleased with him) then expelled them out of Al-Madeenah, and paid them the price of their properties in the form of fruits, money, camel saddles, ropes, etc.
It should be noted that ‘Umar (may Allah be pleased with him) did not request the Qisaas (i.e., retribution) from the Jews for what had befallen his son, because he (may Allah be pleased with him) was attacked at night while he was sleeping, and therefore was not able to identify the attackers.
It is deduced from the hadeeth that it is permissible to conduct a Musaaqaah (i.e., a share tenancy or partnership in the yield of trees) transaction, whereby the landowner hires a worker to water his land and take care of it in return for a fixed share of the produce..

2731

Al-Miswar ibn Makhramah and Marwaan (whose narrations attest each other) narrated that Allah's Messengerﷺ set out on a journey, at the time of Al-Hudaybiyah (treaty), and when they proceeded for a distance, he ﷺ said, "Khaalid ibn Al-Waleed leading the cavalry of Quraysh constituting the front of the army, is at a place called Al-Ghameem, so take the way on the right." By Allah, Khaalid did not perceive the arrival of the Muslims till the dust arising from the march of the Muslim army reached him, and then he turned back hurriedly to inform Quraysh. The Prophet ﷺwent on advancing till he reached the Thaniyah (i.e., a mountainous pathway) through which one would go to them (i.e., the people of Quraysh). The she-camel of the Prophet ﷺ sat down. People tried their best to urge the she-camel to get up but in vain, so they said, "Al-Qaswaa’ (i.e., the she-camel's name) has become stubborn! Al-Qaswaa’ has become stubborn!" The Prophet ﷺ said, "Al-Qaswaa’ has not become stubborn, for stubbornness is not her habit, but she was stopped by Him Who stopped the elephant." Then he ﷺ said, "By the Name of Him in Whose Hands my soul is, if they (i.e., the polytheists of Quraysh) ask me anything which will involve horning the sanctity of Allah’s ordinances, I will grant it to them." The Prophet ﷺ then rebuked the she-camel and she got up. He ﷺchanged his way till he dismounted at the farthest end of Al-Hudaybiyah at a pit (i.e., well) containing a little water which people used in small amounts, and in a short while they used up all its water and complained to Allah's Messengerﷺ of thirst. The Prophet ﷺ took an arrow out of his arrow-case and ordered them to put the arrow in that pit. By Allah, the water started and continued sprouting out till all people quenched their thirst and returned with satisfaction. While they were still in that state, Budayl ibn Warqaa’ Al-Khuzaa‘ee came with some people from his tribe Khuzaa‘ah, and they were the advisers of Allah's Messengerﷺ who would keep no secret from him and were from the people of Tihaamah. Budayl said, "I left Ka‘b ibn Luayy and ‘Aamir ibn Luayy camping at the profuse water (i.e., well) of Al-Hudaybiyah and they had milch camels (or their women and children) with them, and will wage war against you, and will prevent you from visiting the Ka‘bah." Allah's Messengerﷺ said, "We have not come to fight anyone, but to perform ‘Umrah. No doubt, the war has weakened Quraysh and they have suffered great losses, so if they wish, I will conclude a truce with them, during which they should refrain from interfering between me and people (i.e., the Arab disbelievers from other tribes), and if I have victory over those disbelievers, Quraysh will have the option to embrace Islam as the others, if they wish; they will at least get strong enough to fight. But if they do not accept the truce, by Allah in Whose Hands my life is, I will fight them defending my cause till I get killed, but (I am sure) Allah, Exalted is He, will definitely make His Cause victorious." Budayl said, "I will inform them of what you have said." So, he set off till he reached Quraysh and said, "We have come from that man (i.e., Muhammadﷺ) whom we heard saying something which we will disclose to you if you should like." Some fools among Quraysh shouted that they were not in need of such information, but the wiser ones among them said, "Relate what you heard him saying." Budayl said, "I heard him saying such-and-such," relating what the Prophet ﷺ had told him. ‘Urwah ibn Mas‘ood got up and said, "O people! Are not you the sons? They said, "Yes." He added, "Am I not the father?" They said, "Yes." He said, "Do you mistrust me?" They said, "No." He said, "Do not you know that I invited the people of ‘Ukaadh for your help, and when they refused, I brought my relatives and children and those who obeyed me (to help you)?" They said, "Yes." He said, "Well, this man (i.e., the Prophet ﷺ) has offered you a reasonable proposal, you should better accept it and allow me to meet him." They said, "You may meet him." So, he went to the Prophet ﷺand started talking to him. The Prophet ﷺ told him almost the same as he had told Budayl. Then ‘Urwah said, "O Muhammad! Will not you feel any scruple in extirpating your own people? Have you ever heard of anyone amongst the Arabs extirpating his relatives before you? On the other hand, if the reayah should happen, (nobody will aid you, for) by Allah, I do not see (with you) dignified people, but only people from various tribes who would run away leaving you alone." Hearing that, Aboo Bakr (may Allah be pleased with him) verbally abused him and said, "Do you say that we would run and leave the Prophet ﷺ alone?" ‘Urwah said, "Who is that man?" People said, "He is Aboo Bakr." ‘Urwah said to Aboo Bakr (may Allah be pleased with him), "By Him in Whose Hands my life is, were it not for the favor which you did to me and for which I did not compensate you, I would have retorted on you!" ‘Urwah kept on talking to the Prophet ﷺ and seizing his beard as he was talking while Al-Mugheerah ibn Shu‘bah (may Allah be pleased with him) was standing near the head of the Prophet ﷺ, holding a sword and wearing a helmet. Whenever ‘Urwah stretched his hand towards the Prophet’s beard, Al-Mugheerah (may Allah be pleased with him) would hit his hand with the handle of the sword and say (to ‘Urwah), “Remove your hand from the beard of Allah's Messenger ﷺ.” ‘Urwah raised his head and asked, "Who is that?" People said, "He is Al-Mugheerah ibn Shu‘bah." ‘Urwah said, "O treacherous! Am I not doing my best to prevent evil consequences of your treachery?" Before embracing Islam, Al-Mugheerah was in the company of some people. He killed them and took their property and came (to Al-Madeenah) to embrace Islam. The Prophet ﷺ said (to him, "As regards to your Islam, I accept it, but as for the property I do not take anything of it. (As it was treacherously taken). ‘Urwah then started looking at the Companions of the Prophet ﷺ. By Allah, whenever Allah's Messengerﷺ spat, the spittle would fall in the hand of one of them (i.e., the Companions) who would rub it on his face and skin; if he ﷺordered them, they (may Allah be pleased with them)would carry his orders immediately; if he ﷺperformed ablution, they (may Allah be pleased with them)would struggle to take (a share of) the leftover water (from one another); and when they spoke to him, they would lower their voices and would not look at his face constantly out of reverence. ‘Urwah returned to his people and said, "O people! By Allah, I have been to the kings and to Caesar, Khosrau and Al-Najaashee, yet I have never seen any of them respected by his courtiers as much as Muhammad is respected by his companions. By Allah, if he spat, the spittle would fall in the hand of one of them (i.e., the Companions) who would rub it on his face and skin; if he ordered them, they would carry out his order immediately; if he performed ablution, they would struggle to take (a share of) the leftover water (from one another); and when they spoke, they would lower their voices and would not look at his face constantly out of reverence." ‘Urwah added, "No doubt, he has presented to you a good reasonable offer, so please accept it." A man from the tribe of Banee Kinaanah said, "Allow me to go to him," and they allowed him, and when he approached the Prophet ﷺ and his Companions (may Allah be pleased with them), he ﷺ said, "He is so-and-so who belongs to the tribe that highly respects the Budn (i.e., camels offered as animal sacrifices). So, bring the Budn in front of him." The Budn were brought before him and people (Muslims) received him while they were reciting Talbiyah (i.e., a devotional prayer recited by pilgrims). When he saw that scene, he said, "Glorified be Allah! It is not fair to prevent these people from visiting the Ka‘bah." When he returned to his people, he said, 'I saw the Budn garlanded (with colored knotted ropes) and marked (with stabs on their backs). I do not think it is advisable to prevent them from visiting the Ka‘bah." Another person called Mikraz ibn Hafs got up and sought their permission to go to Muhammad ﷺ, and they allowed him, too. When he approached Muslims, the Prophet ﷺsaid, "Here is Mikraz and he is a vicious man." Mikraz started talking to the Prophet ﷺ and as he was talking, Suhayl ibn ‘Amr came. When Suhayl ibn ‘Amr came, the Prophet ﷺsaid, "Now the matter has become easy." Suhayl said to the Prophet ﷺ, "Please conclude a peace treaty with us." So, the Prophet ﷺ called a scribe and said to him, "Write down: By the Name of Allah, The Entirely Merciful, The Especially Merciful." Suhayl said, "As for the ‘Entirely Merciful,' by Allah, I do not know what it means. So, write instead: ‘By Your Name, O Allah,’ as you used to write previously." Muslims said, "By Allah, we will not write except: ‘By the Name of Allah, The Entirely Merciful, The Especially Merciful.’" The Prophet ﷺsaid, "Write instead: ‘By Your Name, O Allah.’" Then he ﷺ dictated, "This is the peace treaty which Muhammad, Allah's Messengerﷺ has concluded." Suhayl said, "By Allah, if we knew that you are Allah's Messenger, we would prevent you from visiting the Ka‘bah, and would not fight you. So, write instead: "Muhammad ibn ‘Abdullah." The Prophet ﷺsaid, "By Allah! I am the Messenger of Allah even if you, people, do not believe me. Write instead: ‘Muhammad ibn ‘Abdullah.’" (Al-Zuhree said, "The Prophet ﷺ accepted all those things, as he ﷺhad already said that he would accept everything they would demand if it involves honoring the sanctity of Allah’s Ordinances (i.e., by letting him and his Companions perform ‘Umrah and abstain from fighting.)" The Prophet ﷺ said to Suhayl, "On the condition that you allow us to visit the House (i.e., Ka‘bah) so that we may perform Tawaaf (i.e., circumambulation) around it." Suhayl said, "By Allah, we will not (allow you this year), so as not to give a chance to the Arabs to say that we have yielded to you, but we will allow you next year." So, the Prophet ﷺ got that written down. Then Suhayl said, "We also stipulate that you should return to us whoever comes to you from our people, even if he had embraced your religion." Muslims said, "Glorified be Allah! How will such person be returned to the pagans after he has become a Muslim? While they were in this state Aboo Jandal ibn Suhayl ibn ‘Amr (may Allah be pleased with him) came from the valley of Makkah staggering with his fetters and fell down amongst the Muslims. Suhayl said, "O Muhammad! This is the very first term with which we make peace with you (i.e., you shall return Aboo Jandal to me)." The Prophet ﷺ said, "The peace treaty has not been written yet." Suhayl said, "I will never allow you to keep him." The Prophet ﷺ said, "Yes, you will." He said, "I will not!” Mikraz said, "We allow you (to keep him)." Aboo Jandal (may Allah be pleased with him) said, "O Muslims! Will I be returned to the pagans though I have come as a Muslim? Do not you see how much I have suffered?" Aboo Jandal (may Allah be pleased with him) had been tortured severely for the Cause of Allah (at the hands of the polytheists of Quraysh). ‘Umar ibn Al-Khattaab (may Allah be pleased with him)said, "I went to the Prophet ﷺ and said, 'Are not you truly the Messenger of Allah ﷺ?' The Prophet ﷺ said, 'Yes, indeed.' I said, 'Is not our cause just and the cause of the enemy unjust?' He ﷺ said, 'Yes.' I said, 'Then why should we compromise our religion?' He ﷺ said, 'I am Allah's Messenger and I do not disobey Him, and He will make me victorious.' I said, 'Did not you tell us that we would go to the Ka‘bah and perform Tawaaf around it?' He ﷺ said, 'Yes, but did I tell you that we would visit the Ka‘bah this year?' I said, 'No.' He ﷺ said, 'So you will visit it and perform Tawaaf around it.' ‘Umar (may Allah be pleased with him) further said, "I went to Aboo Bakr (may Allah be pleased with him) and said, 'O Aboo Bakr! Is not he truly Allah's Prophet?' He replied, 'Yes.' I said, 'Then why should we compromise our religion?' He (may Allah be pleased with him) said, 'Indeed, he is Allah's Messengerﷺ and he does not disobey his Lord, and He will make him victorious. Adhere to his commands, by Allah, he is on the right (path).' I said, 'Was he ﷺ not telling us that we would go to the Ka‘bah and perform Tawaaf around it?' He (may Allah be pleased with him) said, 'Yes, but did he ﷺ tell you that you would go to the Ka‘bah this year?' I said, 'No.' He (may Allah be pleased with him) said, "You will go to Ka‘bah and perform Tawaaf around it." (Al-Zuhree said, "In this regard, ‘Umar (may Allah be pleased with him)said, 'I performed many good deeds as expiation for the improper questions I asked them.'") When the writing of the peace treaty was concluded, Allah's Messengerﷺ said to his Companions (may Allah be pleased with them), "Get up, slaughter your sacrifices, and get your head shaved." By Allah, none of them got up, and the Prophet ﷺ repeated his order thrice. When none of them got up, he ﷺ left them and went to Umm Salamah (may Allah be pleased with her) and told her of people's attitudes towards him. Umm Salamah (may Allah be pleased with her) said, "O Messenger of Allah ﷺ! Do you want your order to be carried out? Go out and do not say a word to anybody till you have slaughtered your sacrifice and call for your barber to shave your head." So, the Prophet ﷺ went out and did not talk to anyone of them till he did that, i.e., slaughtered the animal sacrifice and called for his barber who shaved his head. Seeing that, the Companions (may Allah be pleased with them)got up, slaughtered their animal sacrifices, and started shaving the heads of one another, and there was so much rush that there was a danger of killing each other (out of distress). Then some believing women came (to the Prophet ﷺ, and Allah, Exalted is He, revealed the following ayah (which means): {O you who have believed, when the believing women come to you as emigrants, examine them. Allah is most knowing as to their faith. And if you know them to be believers, then do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for them. But give the disbelievers what they have spent. And there is no blame upon you if you marry them when you have given them their due compensation. And hold not to marriage bonds with disbelieving women …} [Quran 60:10] ‘Umar (may Allah be pleased with him) then divorced two wives of his as they were disbelievers. Later on, Mu‘aawiyah ibn Abee Sufyaan married one of them, and Safwaan ibn Umayyah married the other. When the Prophet ﷺreturned to Al-Madeenah, Aboo Baseer (may Allah be pleased with him), a new Muslim convert from Quraysh came to him. The disbelievers sent in his pursuit two men who said (to the Prophet ﷺ, ‘Abide by the promise you gave us." So, the Prophet ﷺ handed him over to them. They took him out (of Al-Madeenah) till they reached Dhul-Hulayfah where they dismounted to eat some dates they had with them. Aboo Baseer (may Allah be pleased with him) said to one of them, "By Allah, O so-and-so, I see you have a fine sword." The other drew it out (of the scabbard) and said, "By Allah, it is very fine and I have tried it many times." Aboo Baseer (may Allah be pleased with him) said, "Let me have a look at it." When the other gave it to him, he hit him with it till he died, and his companion ran away till he came to Al-Madeenah and entered the Mosque running. When Allah's Messengerﷺ saw him, he said, "This man appears to have been frightened." When he reached the Prophet ﷺ, he said, "My companion has been murdered and I would be next." Aboo Baseer (may Allah be pleased with him) came and said, "O Allah's Messengerﷺ, by Allah, He has made you fulfill your obligation towards them as you returned me to them (i.e., the disbelievers of Quraysh), but Allah, Exalted is He, has saved me from them." The Prophet ﷺsaid, "Woe to his mother! What an excellent war kindler he would be, should he only have supporters!" When Aboo Baseer (may Allah be pleased with him) heard that he understood that the Prophet ﷺ would return him to them again, so he set off till he reached the seashore. Aboo Jandal ibn Suhayl got himself released from them (i.e., the disbelievers) and
oined Aboo Baseer (may Allah be pleased with them). So, whenever a man from Quraysh embraced Islam, he would follow Aboo Baseer till they formed a strong group. By Allah, whenever they heard of a caravan of Quraysh heading towards Shaam, they stopped it, attacked and killed them (i.e., the disbelievers) and took their properties. The people of Quraysh sent a message to the Prophet ﷺrequesting him, for the Sake of Allah and their kith and kin, to send for (i.e., Aboo Baseer and his companions) promising that whoever (amongst them) came to the Prophet ﷺwould be secure. So, the Prophet ﷺ sent for them and Allah, Exalted is He, revealed the following ayaat (which mean): {And it is He who withheld their hands from you and your hands from them within [the area of] Makkah after He caused you to overcome them. And ever is Allah of what you do, Seeing … When those who disbelieved had put into their hearts chauvinism - the chauvinism of the time of ignorance…} [Quran 48:24-26] Their prejudice and haughtiness were the reason they did not acknowledge (i.e., write in the treaty) that he (i.e., Muhammad ﷺ) was the Prophet of Allah and refused to write: "In the Name of Allah, The Entirely Merciful, The Especially Merciful,” and prevented them (i.e., Muslims) from visiting the House (the Ka‘bah)..

Commentary :
The Treaty of Al-Hudaybiyah was described as a conquest by Allah, Exalted is He, because it had very fruitful outcomes for Islam and Muslims, and many Laws of Islam provisions were prescribed during that period, fostering ease and facilitation for Muslims.
In this hadeeth, Al-Miswar ibn Makhramah (may Allah be pleased with him) and the Taabi’ee (a Muslim who saw at least one of the Companions) Marwaan ibn Al-Hakam narrated that Allah's Messengerﷺ and his Companions (may Allah be pleased with them) set out on a journey, at the time of Al-Hudaybiyah (treaty) in 6 A.H. When they had proceeded for a distance, he ﷺ said, "Khaalid ibn Al-Waleed,” who was then a disbeliever, “leading the cavalry of Quraysh constituting the front of the army, is at a place called Al-Ghameem,” a valley near Hijaaz between Makkah and Al-Madeenah, about (60 km) from Makkah, “so take the way on the right." Khaalid was leading the vanguard of Quraysh’s army to investigate the situation of their enemy (i.e., Muslims). The Prophet ﷺ commanded the Muslims to take the way on the right to distance themselves from the way taken by Khaalid and his soldiers. Khaalid did not perceive the arrival of the Muslims till the dust arising from the march of the Muslim army reached him, and then he turned back hurriedly to warn Quraysh that the Prophet ﷺ was approaching Makkah. The Prophet ﷺwent on advancing till he reached the Thaniyah (i.e., a mountainous pathway) through which one would reach the people of Quraysh. It was said that the Thaniyah was an area located between Makkah and Al-Madeenah on the way of Al-Hudaybiyah and it was the customarily chosen path to reach Makkah. The she-camel of the Prophet ﷺ sat down. People tried their best to urge the she-camel to get up and continue walking, but in vain. They said, "Al-Qaswaa’ (i.e., the she-camel's name) has become stubborn! Al-Qaswaa’ has become stubborn!" Meaning that the she-camel stubbornly refrained from walking. The Prophet ﷺ said, "Al-Qaswaa’ has not become stubborn, for stubbornness is not her habit, but she was stopped by Him Who stopped the elephant." The Prophet ﷺ was referring to the elephant of Abrahah Al-Habashee when he came to demolish the Ka‘bah and Allah, Exalted is He, prevented him access to Makkah by causing his elephant to stop moving, and this was exactly what happened to the she-camel.
Afterward, he ﷺ swore by Allah, Exalted is He, that he ﷺ would agree to whatever the disbelievers of Quraysh should ask for to avoid fighting them out of reverence for Makkah and the Ka‘bah, considering the sacredness of the land and gravity of violating Allah’s Ordinances. The Prophet ﷺ then rebuked the she-camel and she got up. He ﷺchanged his way (i.e., instead of marching towards Makkah, and turned) till he dismounted at the farthest end of Al-Hudaybiyah at a pit (i.e., well) containing a small quantity of water which the people used in small amounts.In a short while people used up all its water and then complained to Allah's Messengerﷺ of thirst. The Prophet ﷺ took an arrow out of his arrow-case and ordered them to put the arrow in that pit. By Allah, the water started and continued flowing out till all the people quenched their thirst and returned with satisfaction. This was one of the miracles performed by the Prophet ﷺ and the signs of his prophethood.
While people were in such a state, Budayl ibn Warqaa’ Al-Khuzaa‘ee came with some people from his tribe, Khuzaa‘ah, and they were the advisers of Allah's Messengerﷺ who would keep no secret from him.They also belonged to the people of Tihaamah, which referred to Makkah and the surrounding towns and cities. Budayl said, "I left Ka‘b ibn Luayy and ‘Aamir ibn Luayy camping at the profuse water (i.e., well) of Al-Hudaybiyah and they had milch camels (or their women and children) with them, and will wage war against you, and will prevent you from visiting the Ka‘bah." Budayl made mention of these two names as reference to the disbelievers of Quraysh in general, because all the disbelievers of Quraysh in Makkah could be traced back to these two men. He meant that they camped near the well of Al-Hudaybiyah where there was a large quantity of water. He stated that the disbelievers of Quraysh brought along their milch she-camels or their women and children, indicating their readiness to deny the Prophet ﷺ access to Makkah even if they had to fight the Muslims. Allah's Messengerﷺ clarified to him that they had merely come to perform ‘Umrah and had no intention of fighting them, and urged Quraysh to get out of their way, especially since the war had weakened them and they had suffered great losses. He ﷺ proposed that Quraysh should conclude a truce with the Muslims, during which they should refrain from interfering between the Prophet ﷺ and the Arab disbelievers from other tribes. He ﷺ said, “If I have victory over those disbelievers, Quraysh will have the option to embrace Islam as the others, if they wish;” meaning that if the Prophet ﷺ triumphed over the rest of the Arab disbelievers, Quraysh would be given the chance to follow him and embrace Islam like the others, or retain their peace treaty and truce with him, and in both cases, they would at least sparethemselves fighting and taste some relief. He ﷺ then swore by Allah, Exalted is He, that if they did not accept the truce, he ﷺ would fight them defending his cause till he ﷺ would be killed, and added, “… but (I am sure) Allah, Exalted is He, will definitely make His Cause victorious,” and inevitably grant him triumph.
Budayl ibn Warqaa’ (may Allah be pleased with him) said that he would inform Quraysh of what he ﷺ said and his offer. He set off till he reached Quraysh and informed them that he had a message from the Prophet ﷺ. He told them of the offer, but some fools among Quraysh shouted that they did not need to hear such an offer. However, the wise people among them asked him to relate what he had heard the Prophet ﷺ saying and he did. Thereupon, ‘Urwah ibn Mas‘ood got up and said, "O people! Are not you the sons? They said, "Yes." He added, "Am I not the father?" They said, "Yes." He meant to highlight his care and compassion for them, and the sincerity of his advice for them, comparing it to that of a father’s advice for his own child.
He added, "Do you mistrust me?" They said, "No." He said, "Do not you know that I invited the people of ‘Ukaadh,” a marketplace near Makkah, “for your help,” meaning to fight in support of Quraysh, “and when they refused, I brought my relatives and children and those who obeyed me (to help you)?” He was trying to urge them to accept his request to meet with the Prophet ﷺ after he liked his (reasonable) proposal related by Budayl. They allowed him to meet the Prophet ﷺ and he started talking to him. The Prophet ﷺ told him almost the same as he had told Budayl. Thereupon, ‘Urwah said, "O Muhammad! Will not you feel any scruple in extirpating your own people?” He was referring to the people of Quraysh. He added, “Have you ever heard of anyone amongst the Arabs extirpating his relatives before you? On the other hand, if the reayah should happen, (nobody will aid you, for) by Allah, I do not see (with you) dignified people, but only people from various tribes who would run away leaving you alone." He meant that were Quraysh to defeat the Muslims, they would inevitably flee and leave the Prophet ﷺ alone since they belonged to various tribes. Hearing that, Aboo Bakr (may Allah be pleased with him) verbally abused him, in response to his offensive claim that the Companions (may Allah be pleased with them) should flee and leave the Prophet ﷺ. He (may Allah be pleased with him) said, "Do you say we would flee and leave the Prophet ﷺ alone?" ‘Urwah said, "Who is that man?" People said, "He is Aboo Bakr." ‘Urwah recalled a favor that Aboo Bakr (may Allah be pleased with him) had done for him, which he had not yet reciprocated. Therefore, he refrained from retorting and abusing him back. He said to Aboo Bakr (may Allah be pleased with him), "Were it not for the favor which you did to me and for which I did not compensate you, I would have retorted to you." ‘Urwah kept on talking to the Prophet ﷺ and seizing the Prophet's beard as he was talking, and this was customarily acceptable by Arabs as a non-verbal gesture indicative of endearment. Meanwhile, Al-Mugheerah ibn Shu‘bah (may Allah be pleased with him) was standing near the head of the Prophet ﷺ, holding a sword and wearing a helmet. Whenever ‘Urwah stretched his hand towards the Prophet’s beard, Al-Mugheerah (may Allah be pleased with him) would hit his hand with the handle of the sword and say (to ‘Urwah, who could not recognize him), "Remove your hand from the beard of Allah's Messenger ﷺ.” ‘Urwah raised his head and asked, "Who is that?" People said, "He is Al-Mugheerah ibn Shu‘bah." On that, ‘Urwah recalled his treacherous act, and said "O treacherous! Am I not doing my best to prevent evil consequences of your treachery?" ‘Urwah was his paternal uncle, and Al-Mugheerah, before embracing Islam, was once in the company of some people. He killed them and took their property and went (to Al-Madeenah) to embrace Islam. His uncle continued to pay the compensation of his treacherous act to their people. The Prophet ﷺ said about Al-Mugheerah’s act, "As regards your Islam, I accept it, but as for the property I do not take anything of it. (As it was treacherously taken).” He ﷺ meant that he accepted his Islam, but rejected such usurped property that was insidiously seized by him.
‘Urwah then started looking at the Companions of the Prophet ﷺ and observed how they treated him. He listed some of his observations about the relationship between the Prophet ﷺ and his Companions (may Allah be pleased with them). For instance, whenever Allah's Messengerﷺ spat, the spittle would fall in the hand of one of the Companions (may Allah be pleased with them), who would rub it on his face and skin. Whenever he ﷺ ordered them, they (may Allah be pleased with them) would comply immediately and fulfill his needs. If he ﷺ performed ablution, the Companions (may Allah be pleased with them) would vie with one another to take the leftover water. Whenever they spoke to the Prophet ﷺ, they would lower their voices and, out of reverence, would not stare at his face constantly.
‘Urwah returned to his people and reported to them his encounter with the Prophet ﷺ and their discussions. He started his talk by expressing his deep admiration and amazement at the relationship between the Prophet ﷺ and his Companions (may Allah be pleased with them). He even stated that the Companions’ reverence to the Prophet ﷺ was much greater that the reverence shown to the kings, Caesar, Khosrau, and Al-Najaashee that he had witnessed firsthand. He then underlined the difference he observed saying, “… yet I have never seen any of them respected by his courtiers as much as Muhammad is respected by his companions.” Afterward, he related to them some of his observations, emphasized that his proposal was reasonable, and urged Quraysh to accept it. After hearing ‘Urwah out, a man from the tribe of Banee Kinaanah said, "Allow me to go to him," and they allowed him, and when he approached the Prophet ﷺ and his Companions (may Allah be pleased with them), he ﷺ said, "He is so-and-so who belongs to the tribe that highly respects the Budn (i.e., camels offered as animal sacrifices). So, bring the Budn in front of him." The Prophet ﷺ recognized the man and knew his tribe. It was said that this man was named Al-Hulays ibn ‘Alqamah Al-Haarithee. These people highly respected the sacrificial camels and cows and believed that it was unlawful to eat from their meat because they were offerings and gifts to the Sacred House. The Prophet ﷺ wanted to send these camels before them to prove to him that he ﷺ really intended to perform ‘Umrah and did not have any intention to fight. The Companions (may Allah be pleased with them) drove the Budn before him and the Muslims received him while reciting Talbiyah (i.e., a devotional prayer recited by pilgrims). When he saw that scene, he said, "Glorified be Allah! It is not fair to prevent these people from visiting the Ka‘bah," meaning that no one should deny the Prophet ﷺ and his Companions (may Allah be pleased with them) access to the Ka‘bah to perform ‘Umrah. When he returned to his people, he said, 'I saw the Budn garlanded (with colored knotted ropes) and marked (with stabs on their backs). This was customarily done to distinguish the camels offered as animal sacrifices from others.
Afterward, Mikraz ibn Hafs also sought their permission to go to Muhammad ﷺ, and they allowed him, too. When he approached the Muslims, the Prophet ﷺsaid, "Here is Mikraz and he is a vicious man." Mikraz started talking to the Prophet ﷺ and as he was talking, Suhayl ibn ‘Amr came. When Suhayl ibn ‘Amr came, the Prophet ﷺsaid, "Now the matter has become easy." Suhayl asked the Prophet ﷺ to conclude a peace treaty and truce with Quraysh. Therefore, the Prophet ﷺ called for his scribe, ‘Alee ibn Abee Taalib (may Allah be pleased with him), and said to him, "Write down: ‘By the Name of Allah, The Entirely Merciful, The Especially Merciful.’" Suhayl objected, saying, "As for the ‘Entirely Merciful,' by Allah, I do not know what it means. So, write instead: ‘By Your Name, O Allah,’ as you used to write previously." The Prophet ﷺ used to open his agreements with that phrase in the early days of Islam. The Companions (may Allah be pleased with them) objected, but the Prophet ﷺ approved it and asked his scribe to write down instead, “By Your Name, O Allah.’ Then he ﷺ dictated, "This is the peace treaty which Muhammad, Allah's Messengerﷺ has concluded." Suhayl objected again and said, "By Allah, if we knew that you are Allah's Messenger, we would not prevent you from visiting the Ka‘bah, and would not fight you. So, write instead: ‘Muhammad ibn ‘Abdullah.’” The Prophet ﷺsaid, "By Allah! I am the Messenger of Allah even if you people, do not believe me. Write instead: ‘Muhammad ibn ‘Abdullah.’" In fact, the Prophet ﷺ accepted all those things, as he ﷺ had already said that he would accept everything they would demand if it meant revering the sanctity of Allah’s Ordinances (i.e., by avoiding fighting in the sanctuary). The Prophet ﷺ said to Suhayl, "On the condition that you allow us to visit the House (i.e., Ka‘bah) so that we may perform Tawaaf (i.e., circumambulation) around it." Suhayl agreed, but stipulated that they should return to Al-Madeenah and come back the following year so as not to give a chance to the Arabs to say that Quraysh had yielded to the Prophet ﷺ and were forced into it, and the Prophet ﷺ agreed. They also stipulated that the Prophet ﷺ should return to them whoever came to him from Quraysh to embrace Islam. The Muslims objected and said, “Glorified be Allah! How will such a person be returned to the pagans after he has become a Muslim?” While they were in this state, Aboo Jandal ibn Suhayl ibn ‘Amr (may Allah be pleased with him) came from the valley of Makkah staggering with his fetters and fell down amongst the Muslims. Upon seeing him, Suhayl said, "O Muhammad! This is the very first term with which we make peace with you (i.e., you shall return Aboo Jandal to me)." The Prophet ﷺ said, "The peace treaty has not been written yet." Suhayl said, "I will never allow you to keep him." The Prophet ﷺ eventually accepted that term provided that they should exclude Aboo Jandal (may Allah be pleased with him) and asked Suhayl to exclude him, but he refused. They negotiated it and Mikraz, who attended the meeting, interfered and said, "We allow you (to keep him)." However, the following statement made by Aboo Jandal (may Allah be pleased with him) indicated that Suhayl refused and that the Prophet ﷺ returned him. Aboo Jandal (may Allah be pleased with him)exclaimed, "O Muslims! Will I be returned to the pagans though I have come as a Muslim? Do not you see how much I have suffered?" Aboo Jandal (may Allah be pleased with him) had been tortured severely for the Cause of Allah (at the hands of the polytheists of Quraysh).
‘Umar ibn Al-Khattaab (may Allah be pleased with him) exclaimed at the Prophet’s stance and such unfair terms that seemed against the interests of Muslims. He (may Allah be pleased with him) went to the Prophet ﷺ and said, “Are not you truly the Messenger of Allah ﷺ?' The Prophet ﷺ said, 'Yes, indeed.' He (may Allah be pleased with him) said, 'Is not our cause just and the cause of the enemy unjust?' He ﷺ said, 'Yes.' He (may Allah be pleased with him) said, 'Then why should we compromise our religion?' The Prophet ﷺ said, 'I am Allah's Messenger and I do not disobey Him, and He will make me victorious.' He (may Allah be pleased with him) said, 'Did not you tell us that we would go to the Ka‘bah and perform Tawaaf around it?' He ﷺ said, 'Yes, but did I tell you that we would visit the Ka‘bah this year?' He (may Allah be pleased with him) said, 'No.' He ﷺ said, 'So you will visit it and perform Tawaaf around it.' ‘Umar went to Aboo Bakr (may Allah be pleased with them) and said to him the same, and he replied, ‘Indeed, he is Allah's Messengerﷺ and he does not disobey his Lord, and He will make him victorious. Adhere to his commands, by Allah, he is on the right (path).’ He (may Allah be pleased with him) urged ‘Umar to comply with the Prophet’s command, for he ﷺ was acting incompliance with the divine revelation, and was aided by Allah, Exalted is He. ‘Umar (may Allah be pleased with him) said, “I performed many good deeds as expiation for the improper questions I asked them,” meaning to atone for his inappropriate attitude towards the Prophet ﷺ in that incident.
When the writing of the peace treaty was concluded, Allah's Messengerﷺ said to his Companions (may Allah be pleased with them), "Get up, slaughter your sacrifices, and get your head shaved." However, none of them complied, and the Prophet ﷺ repeated his order thrice. It seems that they delayed their compliance with the command, hoping that the divine revelation should come to annul this peace treaty so that they could perform the ‘Umrah.
When none of them got up, he ﷺ went to Umm Salamah (may Allah be pleased with her) and complained to her of the Companions’ attitude towards him and their refusal to comply. Umm Salamah (may Allah be pleased with her) advised the Messenger of Allah ﷺ to go out without saying a word to anybody till he had slaughtered the animal sacrifice and called for the barber to shave his head. He ﷺ approved her opinion and acted upon her advice. Seeing that, the Companions (may Allah be pleased with them)followed his example,got up, slaughtered their animal sacrifices, and started shaving the heads of one another, and there was so much rush that there was a danger of killing each other (out of distress). They (may Allah be pleased with them) were very distressed that they were denied access to the Sacred House and prevented from performing ‘Umrah, and also because seeing the Prophet ﷺ doing so meant that the command was final, and that no divine revelation was revealed to annul the peace treaty and its unfair terms.Also, they had delayed their compliance with the Prophet’s command to slaughter their animal sacrifices and shave their heads earlier.
Afterward, some believing women came (to the Prophet ﷺ, after the conclusion of the peace treaty. Allah, Exalted is He, revealed the following ayah (which means): {O you who have believed, when the believing women come to you as emigrants, examine them. Allah is most knowing as to their faith. And if you know them to be believers, then do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for them. But give the disbelievers what they have spent. And there is no blame upon you if you marry them when you have given them their due compensation. And hold not to marriage bonds with disbelieving women …} [Quran 60:10]. The ayah meant that Allah, Exalted is He, commanded the Prophet ﷺ to accept the women who should come to him (to embrace Islam) after testing them to ensure their sincere intentions, and that he ﷺ must not return the believing women to the disbelievers.The believers were also enjoined to divorce their disbelieving wives. ‘Umar (may Allah be pleased with him) divorced two wives of his, for they were disbelievers. Mu‘aawiyah ibn Abee Sufyaan married one of them, and Safwaan ibn Umayyah married the other.
When the Prophet ﷺreturned to Al-Madeenah, Aboo Baseer (may Allah be pleased with him), a new Muslim convert from Quraysh came to him. The disbelievers sent in his pursuit two men who reminded the Prophet ﷺ of the agreement they had to return whoever went to join the Prophet ﷺ from Quraysh. So, the Prophet ﷺ handed him over to them. They took him out (of Al-Madeenah) till they reached Dhul-Hulayfah, where they dismounted to eat some dates they had with them. Aboo Baseer (may Allah be pleased with him) seized the opportunity and deceived them by saying to one of them, "By Allah, O so-and-so, I see you have a fine sword." The other drew it out (of the scabbard) and started praising it. Aboo Baseer (may Allah be pleased with him) said, "Let me have a look at it." When the other gave it to him, he hit him with it till he died, and his companion ran away till he came to Al-Madeenah and entered the Mosque running. When Allah's Messengerﷺ saw him, he said, "This man appears to have been frightened." When he reached the Prophet ﷺ, he said, "My companion has been murdered and I would be next." Aboo Baseer (may Allah be pleased with him) came and said, "O Allah's Messengerﷺ, by Allah, He has made you fulfill your obligation towards them as you returned me to them (i.e., the disbelievers of Quraysh), but Allah, Exalted is He, has saved me from them." Aboo Naseer (may Allah be pleased with him) said so thinking that the Prophet ﷺ would approve his act and allow him to stay, but he ﷺsaid, "Woe to his mother! What an excellent war kindler he would be, should he only have supporters!" He ﷺ exclaimed at his action and described him as a stirrer of war. When Aboo Baseer (may Allah be pleased with him) heard that he understood that the Prophet ﷺ would return him to them again, so he set off till he reached the seashore, on the route to Shaam. Aboo Jandal ibn Suhayl got himself released from them (i.e., the disbelievers) and joined Aboo Baseer (may Allah be pleased with them). So, whenever a man from Quraysh embraced Islam, he would follow Aboo Baseer till they formed a strong group, which comprised more than forty men. Whenever they heard of a caravan of Quraysh heading towards Shaam, they stopped it, attacked and killed them (i.e., the disbelievers) and took their properties. The people of Quraysh incurred serious losses because of them, so much that they sent a message to the Prophet ﷺrequesting him, for the Sake of Allah and their kith and kin, to send for Aboo Baseer and his group, commanding them to stop what they were doing, and promising security to whoever (amongst them) should come to him. So, the Prophet ﷺ sent for them and Allah, Exalted is He, revealed the following ayaat (which mean): {And it is He who withheld their hands from you and your hands from them within [the area of] Makkah after He caused you to overcome them. And ever is Allah of what you do, Seeing. * They are the ones who disbelieved and obstructed you from al-Masjid al-Haram while the offering was prevented from reaching its place of sacrifice. And if not for believing men and believing women whom you did not know - that you might trample them and there would befall you because of them dishonor without [your] knowledge - [you would have been permitted to enter Makkah]. [This was so] that Allah might admit to His mercy whom He willed. If they had been apart [from them], We would have punished those who disbelieved among them with painful punishment. * When those who disbelieved had put into their hearts chauvinism - the chauvinism of the time of ignorance…} [Quran 48:24-26]. The ayah referred to the ‘chauvinism’ of Quraysh, meaning their prejudice and haughtiness reflected in the fact that they did not acknowledge (i.e., write in the treaty) that he (i.e., Muhammad ﷺ) was the Prophet of Allah, refused to write: ‘In the Name of Allah, The Entirely Merciful, The Especially Merciful,’ and prevented Muslims from visiting the House (the Ka‘bah).
It is deduced from the hadeeth that Allah, Exalted is He, supports His religion and grants Muslims victory in ways that may seem indicative of defeat (at first glance) and that patience begets relief.
It is inferred from the hadeeth that obedience to Allah, Exalted is He, and His Messenger is obligatory regardless of knowing or investigating the wisdom behind the command or the prohibition.
It is also deduced therefrom that some (clear) matters may be missed by those endowed with intelligence and insight.
It is also inferred that Islam is founded on absolute submission to the commands of Allah, Exalted is He, and obedience to His Messenger ﷺ..

2736

It was narrated on the authority of Aboo Hurayrah (may Allah be pleased with him) that Allah's Messenger ﷺsaid, "Allah has ninety-nine Names, i.e., one-hundred minus one, and whoever knows them will go to Paradise." (Please see Hadeeth No. 419, Vol. 8)
.

Commentary :
Allah, Exalted is He, Says (what means): {And to Allah belong the best names, so invoke Him by them. And leave [the company of] those who practice deviation concerning His Names. They will be recompensed for what they have been doing.} [Quran 7:180].
The Prophet ﷺ taught Muslims these Divine Names and ensured that they should clearly understand their meanings (and implications).
In this hadeeth, the Prophet ﷺstated that Allah, Exalted is He, has ninety-nine Names, and whoever knows them will enter Paradise. The Arabic verb used in the hadeeth is Ahsaa (lit., to enumerate), meaning to memorize these Names and comprehend their meanings or invoke Allah, Exalted is He, by them; He Says (what means): {… so invoke Him by them.} [Quran 7:180]. This means that we are enjoined to implore Allah, Exalted is He, by these Divine Names, saying, for example, ‘Yaa Dhaa Al-Jalaali Wal-Ikraam (i.e., O Possessor of majesty and honor)’ or ‘Yaa Hayyu yaa Qayyoom (i.e., O Ever-Living and Sustainer of [all] existence),’ and the like. It was also said that it means acting upon their meanings and worshiping Allah, Exalted is He, in light of their implications. This means that when a servant of Allah learns the Divine Name Al-Raheem (i.e., The Especially Merciful), such knowledge should urge him to seek His Mercy and work towards earning such a bestowal. Similarly, when one learns the Divine Name Al-Ghafoor (i.e., All-Forgiving), such knowledge should urge him to seek His forgiveness and work towards earning such a bestowal. In the same vein, when one learns the Divine Name Al-Samee‘ (i.e., All-Hearing), such knowledge should urge him to be mindful of what may incur His wrath. Also, when a servant of Allah learns the Divine Name ‘Al-Baseer (i.e., All-Seeing)’, such knowledge should urge him to avoid whatever displeases Him.
.

2737

Narrated Ibn ‘Umar (may Allah be pleased with him) that ‘Umar ibn Al-Khattab (may Allah be pleased with him) got some land in Khaybar and he went to the Prophet ﷺ to consult him about it saying, "O Allah's Messengerﷺ, I got some land in Khaybar better than which I have never had, what do you suggest that I do with it?" The Prophet ﷺ said, "If you wish, you can give the land as endowment and give its fruits in charity." Therefore, ‘Umar (may Allah be pleased with him) endowed it on the condition that it would not be sold nor given to anybody as a present and not to be inherited, but its yield would be given in charity to the poor people, to his relatives, to fund the emancipation of slaves, to be spent in Allah's Cause, to (be given to) the wayfarers and guests; and that there would be no harm if the guardian (i.e., administrator) of the endowment ate from it according to his need with good intention, and fed others as well, without storing it for the future (i.e., as personal fortune).”.

Commentary :
The Companions (may Allah be pleased with them) were keen to spend in charity and generously make charitable contributions to help others, and they consulted the Prophet ﷺ in this regard.
In this hadeeth, ‘AbdullahIbn ‘Umar (may Allah be pleased with him) may Allah be pleased with him, narrated that his father, ‘Umar ibn Al-Khattaab (may Allah be pleased with him) obtained land in Khaybar, a village 95 miles (153 km) from Al-Madeenah on the route to Shaam. Khaybar was inhabited by Jews, and after the Prophet ﷺ conquered it in 7 A.H., he ﷺ divided some parts of the land among Muslims and ‘Umar (may Allah be pleased with him) obtained some of it. He (may Allah be pleased with him) went to the Prophet ﷺ to consult him about what he (may Allah be pleased with him) should do with his land. ‘Umar ibn Al-Khattab (may Allah be pleased with him) said to the Prophet ﷺ, "O Allah's Messengerﷺ, I got some land in Khaybar better than which I have never had, what do you suggest that I do with it?" He (may Allah be pleased with him) liked this land very much because it was the best land he had ever owned. The Prophet ﷺ advised him to donate it as an endowment and give its fruits in charity. Therefore, ‘Umar (may Allah be pleased with him) endowed it on the condition that it must not be sold nor given to anybody as a present and not to be inherited, but that its yield should be given in charity for the following beneficiaries: the poor people, his relatives, the slaves who seek Mukaatabah (i.e., a contract of manumission between a master and a slave whereby the slave is required to pay a certain sum of money during a specific time period in exchange for freedom), i.e., giving them the needed money to buy their freedom, and to be spent in Allah's Cause, meaning for the pilgrims and those who partake in Jihaad who have no wealth to complete their pursuits (i.e., perform Hajj or partake in Jihaad), giving them the needed money to complete their pursuits and return home. Other specified beneficiaries included: the wayfarers, i.e., travelers who have no money to return to their lands, and guests. He (may Allah be pleased with him) also stipulated that there would be no harm if the administrator of the endowment should reasonably avail himself of the revenue generated by the endowed property, according to his need with good intention, and he may also benefit others without storing it for the future (i.e., as a personal fortune).
It is inferred from the hadeeth that it is allowable to donate property as an endowment.
It is also deuced that Muslims are urged to uphold ties of kinship and are allowed to specify them as beneficiaries of the endowment.
.

2738

‘AbdullahNarrated Ibn ‘Umar (may Allah be pleased with him) that Allah's Messengerﷺsaid, "It is not permissible for any Muslim who has something to will to stay for two nights without having his Wasiyyah (i.e., last will and testament) written and kept ready with him."
.

Commentary :
Allah, Exalted is He, legislated the Wasiyyah (i.e., last will and testament) out of His kindness and mercy for His servants, allowing them to allocate a share of their wealth as a bequest to be offered in charity benefiting others and generating rewards for him or her.
In this hadeeth, the Prophet ﷺ urged Muslims to hasten to write a Wasiyyah before death should befall them abruptly. He ﷺ clarified that it is becoming of any Muslim, man or woman, who has wealth to write his Wasiyyah to clarify with regard to his dependents, the due financial rights he owes to others, and those owed by others to him, including: (unpaid) debts, expiation, and Zakaah that he had neglected. The Hadeeth underlines that it is unbecoming of a Muslim to stay for two nights without having his Wasiyyah written and kept ready with him. In execution of such a Wasiyyah, the unpaid debts specified therein must be deducted from the estate (before the division of inheritance among the eligible heirs), and any bequest made to be spent in charity should be within one-third of the estate only.
The fact that the Prophet ﷺ specifically stated that this was unbecoming of a ‘Muslim’ aims to urge all Muslims to hasten to comply, since the apparent indication of the hadeeth’s wording is that whoever fails to do so would not be qualified to be a (true) Muslim. It is also possible that it means that this is the most likely case.
Al-Daaramee and Al-Daaraqutnee narrated on the authority of Anas (may Allah be pleased with him) that he said: “People used to write their Wasiyyah as follows:
This is what so-and-so, the son of so-and-so (i.e., the deceased’s name) had willed. I bear witness that none is worthy of worship but Allah, Exalted is He, and He has no partner, and that Muhammad ﷺ is His servant and Messenger; that the Last Hour shall undoubtedly come, and that Allah, Exalted is He, shall resurrect the dead from their graves. I also urge my family and dependents to be mindful of Allah, Exalted is He, reconcile their disputes, and obey Allah, Exalted is He, and His Messenger ﷺ, if they are true believers. I also advise them with what Prophet Ibraaheem (Abraham) and Ya‘qoob (Jacob) advised their children as narrated in the ayah reading (what means): {And Ibraaheem (Abraham) instructed his sons [to do the same] and [so did] Ya‘qoob (Jacob), [saying], "O my sons, indeed Allah has chosen for you this religion, so do not die except while you are Muslims."} [Quran 2:132]. I hereby will that such-and-such should be done after my death…”
The hadeeth urges Muslims to write their Wasiyyah.
It is also deduced from the hadeeth that important matters should be documented and written, since it is better and more prudent than relying on memory.
It also urges Muslims to prepare themselves for death, and get ready before it abruptly befalls them, and then it would be too late; a person does not know when death shall befall him or her.
.

2740

Talhah ibn Musaarrif said: I asked ‘Abdullah ibn Abee Awfaa (may Allah be pleased with him), "Did the Prophet ﷺwrite a Wasiyyah (i.e., last will and testament)?" He (may Allah be pleased with him) replied, "No," I asked him, "How is it then that the writing of a Wasiyyah has been enjoined on people?" He (may Allah be pleased with him) replied, "The Prophet’s Wassiyyah was the Book (i.e., Quran).”
.

Commentary :
This hadeeth refutes the false claims of the Shiites that the Prophet ﷺ nominated ‘Alee ibn Abee Taalib (may Allah be pleased with him)as his successor. In this hadeeth, Talhah ibn Musaarrif stated that he asked ‘Abdullah ibn Abee Awfaa(may Allah be pleased with him) as to whether or not the Prophet ﷺwrote a Wasiyyah (i.e., last will and testament) regarding the division of his wealth or nominating his successor, and he (may Allah be pleased with him) replied in the negative, because the Prophet ﷺdid not leave behind considerable wealth entailing writing a Wasiyyah, and also because he ﷺ stated in another hadeeth, recorded in Saheeh Al-Buhkaaree and Saheeh Muslim, that whatever wealth he ﷺ should leave after his death should be given in charity. Thereupon, Talhah ibn Musaarrif inquired about the reason that the Prophet ﷺ did not write a Wasiyyah, despite the fact that Muslims are enjoined to do so; Allah, Exalted is He, Says (what means): {Prescribed for you when death approaches [any] one of you if he leaves wealth [is that he should make] a Wasiyyah for the parents and near relatives according to what is acceptable - a duty upon the righteous.} [Quran 2:180].
‘Abdullah ibn Abee ‘Awfaa(may Allah be pleased with him) replied: “The Prophet’s Wasiyyah was the Book (i.e., Quran),” meaning that his Wasiyyah for the Muslims was to adhere to the Quran and act upon it, because the Quran is the most important and fundamental asset for Muslims, and it was revealed as clarification for all things, such things being clarified either by explicit statement or through inference. Were Muslims to adhere to the Quran, this would entail compliance with the Prophet’s commands, for Allah, Exalted is He, Says (what means): {And whatever the Messenger has given you - take; and what he has forbidden you - refrain from.} [Quran 59:7].
Numerous and varied texts and narrations have been reported stating the Prophet’s commandments; some were regarding his household, the rights of the Ansaar and emigrants in particular, and others were regarding all Muslims, like this hadeeth.
.

2741

Al-Aswad narrated:
In the presence of ‘Aa’ishah (may Allah be pleased with her), some people mentioned that the Prophet ﷺhad appointed ‘Alee (as his successor) in his Wasiyyah (i.e., last will and testament). She (may Allah be pleased with her) said, "When did he appoint him in his Wasiyyah? Verily, when he ﷺ died, he was resting against my chest (or said: in my lap) and he ﷺ only asked for a wash-basin and then collapsed while in that state, and I could not even perceive that he ﷺ had died, so when did he ﷺ appoint him in his Wasiyyah?”
.

Commentary :
The Shiites were known for fabricating hadeeths and inauthentic reports that support their false claims, and an example of this was fabricating hadeeths suggesting that the Prophet ﷺ nominated ‘Alee ibn Aboo Taalib (may Allah be pleased with him) as his successor in his Wasiyyah. A group of the Companions (may Allah be pleased with them) and some scholars from the following generations as well refuted such claims.
In this hadeeth, the Taabi’ee (a Muslim who saw at least one of the Companions)Al-Aswad ibn Yazeed narrated that it was brought to the attention of ‘Aa’ishah (may Allah be pleased with her) that some people mentioned that the Prophet ﷺhad appointed ‘Alee (as his successor) in his Wasiyyah (i.e., last will and testament). The Arabic term Wasiyyah denotes connecting the testator’s earthly life with the afterlife (i.e., by willing what should be done after his death). She (may Allah be pleased with her) exclaimed, "When did he appoint him in his Wasiyyah?” She (may Allah be pleased with her) was shocked at their claim that he ﷺ willed that ‘Alee (may Allah be pleased with him) should be his successor or anything else regarding his private affairs or the public affairs of Muslims. She (may Allah be pleased with her) added: “Verily, when he ﷺ died, he was resting against my chest (or she said: ‘in my lap’) and he ﷺ only asked for a wash-basin and then collapsed while in that state, and I could not even perceive that he ﷺ had died.” This means that she (may Allah be pleased with her) was with him in his last moments and he ﷺ did not will that anything in particular should be done after his death at his deathbed.
It is noteworthy that she (may Allah be pleased with her) did not mean that he ﷺ generally did not will that anything in particular should be done after his death. Rather, it was authentically reported that he ﷺ willed that the polytheists should be expelled from the Arabian Peninsula, that the delegations and deputations should be (respected and) rewarded (as he ﷺ used to do), and that the Muslim army under the leadership of Usaamah (may Allah be pleased with him) should be dispatched. Rather, she (may Allah be pleased with her) merely denied that he ﷺ willed (during his fatal illness) that ‘Alee (may Allah be pleased with him) should be his successor. Her testimony in this regard is valid because she (may Allah be pleased with her) was with the Prophet ﷺ during his final days, did not leave his sight, and was present during that specified time. Moreover, were the Prophet ﷺ to nominate a successor after his death, such serious news would have been widely circulated, and such a Wasiyyah would have been proclaimed by people. The fact that it was not proclaimed and circulated proves that he ﷺ did not actually appoint ‘Alee (may Allah be pleased with him) as his successor as claimed.
.

2742

Sa‘d ibn Abee Waqqaas (may Allah be pleased with him) said:
The Prophet ﷺcame visiting me while I was (sick) in Makkah, (‘Aamir, the sub-narrator said, and he (may Allah be pleased with him) disliked to die in his homeland, since he had already migrated). He (i.e., the Prophet) said, "May Allah bestow His mercy on Ibn ‘Afraa’ (i.e., Sa‘d ibn Khawlah)’ I said, "O Allah's Messengerﷺ! May I will all my property to be given in charity?" He ﷺ said, "No." I said, "Then, may I will half of it?" He ﷺ said, "No". I said, "One third?" He ﷺ said: "Yes, one third, yet even one third is too much. It is better for you to leave your inheritors wealthy than to leave them poor begging others, and whatever you spend for Allah's sake will be considered a charitable deed even the handful of food you put in your wife's mouth. May Allah bless your lifespan so that some people may benefit from you, and some others may be harmed by you." At that time, Sa‘d (may Allah be pleased with him) had only one daughter.
.

Commentary :
Islam delineated the provisions of the Wasiyyah (i.e., last will and testament) and bequests and clarified what is permissible and impermissible in this regard.
In this hadeeth, Sa‘d ibn Abee Waqqaas (may Allah be pleased with him) narrated that the Prophet ﷺvisited him when he was (sick) in Makkah in 10 A.H., during the Farewell Hajj, according to the version of the hadeeth reported by Al-Bukhaaree and Muslim. Sa‘d (may Allah be pleased with him) disliked to die in Makkah, his homeland, since he had already migrated from it. This was explicitly stated in the version recorded in Saheeh Muslim reading: “I am afraid I may die in the land from where I migrated (as Sa‘d ibn Khawlah had died).” Thereupon, the Prophet ﷺ said, "May Allah bestow His mercy on Ibn ‘Afraa’ (i.e., Sa‘d ibn Khawlah),” who had died in Makkah. The Prophet ﷺ disliked that any of the emigrants should return to Makkah or reside therein any longer after performing Hajj or ‘Umrah.
Sa‘d (may Allah be pleased with him) asked Allah's Messengerﷺ, “May I will all my property to be given in charity?” He (may Allah be pleased with him) wanted to bequest all his wealth to be given in charity after his death, but the Prophet ﷺ forbade him from doing so. He (may Allah be pleased with him) further asked whether it was allowable for him to bequest half of his wealth to be given in charity, but the Prophet ﷺ also forbade him from doing so. He (may Allah be pleased with him) asked whether he might bequest one-third of his wealth, and the Prophet ﷺ said: "Yes, one third, yet even one third is too much.” The Prophet ﷺ was urging Sa‘d (may Allah be pleased with him) to bequest less than the third of his wealth to be given in charity after his death, and then clarified for him that it was better to leave his inheritors rich, by leaving them wealth to inherit, rather than leaving them poor, begging others for money. He ﷺ also informed Sa‘d that were he to survive his illness, what he (may Allah be pleased with him)has spent for the Sake of Allah (i.e., his bequest) would count as an act of charity; he (may Allah be pleased with him) would earn the designated reward whether he lived or died. He ﷺ then explained that a person earns a reward for even the handful of food he puts in his wife's mouth. The Prophet ﷺ wanted to highlight the diversity and numerosity of the acts of charity for which the giver earns rewards, because one’s wife is his closest companion and the lawful outlet for his sexual and emotional desires.
Afterward, the Prophet ﷺ supplicated Allah, Exalted is He, in his favor, saying: “May Allah bless your lifespan so that some people may benefit from you,” meaning benefit from the spoils of war that Muslims would gain thanks to his effort in Jihaad and conquering non-Muslim lands, “and some others may be harmed by you,” meaning the disbelievers who shall be killed at his hand on the battlefield.
The narrator underlined that during that time, Sa‘d (may Allah be pleased with him) had only one daughter. This means that she (may Allah be pleased with her) was his only child or female member of his family entitled to inherit him, for Sa‘d (may Allah be pleased with him) had paternal relatives who were entitled to inherit him, because he (may Allah be pleased with him) belonged to Banee Zahrah that was a large clan. It was also said that she (may Allah be pleased with her) was the only heir who was entitled to a fixed share of his estate as per the laws of Islam, or that he named her in particular because she was the only heir from his dependents for whom he would have feared loss and poverty. It may also mean that he thought that she would inherit his whole estate, or believed that half of his wealth was too much for her alone.
The reference in the hadeeth to Ibn ‘Afraa’(may Allah be pleased with him)was a mistake by one of the narrators and should have been ‘Ibn Khawlah’ instead. It was also said that Ibn ‘Afraa’ was a nickname or another name for his mother.
It is deduced from the hadeeth that the heirs are more entitled and deserving of the deceased’s wealth than all other people.
It is also inferred that spending on one’s family counts as a good deed.
It is also deduced therefrom that when permissible acts are performed merely for the Sake of Allah, Exalted is He, they count as rewardable acts of worship.
The hadeeth also highlights a sign of his prophethood; he ﷺ foretold what happened to Sa‘d (may Allah be pleased with him). According to the Prophet’s prophecy, he (may Allah be pleased with him) lived for years after the Farewell Hajj, some people benefited from him, and others were harmed by him.
The hadeeth also urges checking upon the sick people.
It also underlines the Companions’ keenness to perform good deeds.
It encourages Muslims to hasten to write their Wasiyyah upon noticing the signs of death, such as sickness and the like.
It is also inferred from the hadeeth that one may only make a bequest of a third of one’s wealth or less.
.

2747

Ibn `Abbaas (may Allah be pleased with them) said:
The custom (in old days) was that the property of the deceased person would be inherited by his children; as for the parents (of the deceased), they would inherit according to the Wasiyyah (i.e., last will and testament), meaning by means of bequest. Afterward, Allah, Exalted is He, abrogated and cancelled from that custom whatever He wished and fixed for the male double the share inherited by the female, and for each parent a sixth (of the whole estate) and for the wife an eighth or a fourth and for the husband a half or a fourth.
.

Commentary :
Allah, Exalted is He,clarified the Laws of Islam provisions pertaining to the division of inheritance, Wasiyyah (i.e., last will and testament), and bequests in the Quran, and the Prophet ﷺ delineated them in the Sunnah.
In this hadeeth, ‘Abdullah ibn ‘Abbaas (may Allah be pleased with them) said thatthe custom (in earlier days), i.e., before the ayaat about the division of the inheritance were revealed, was that the property of a deceased person would be inherited by his children, and the parents (of the deceased) would inherit according to the Wasiyyah, meaning by means of bequest. The deceased would make a bequest in favor of one or both of the parents. Afterward, Allah, Exalted is He, abrogated and cancelled whatever He wished of such customary practices and approved what He willed for His servants, by revealing the ayaat about the division of the inheritance. For instance, Allah, Exalted is He, revealed (what means): {Allah instructs you concerning your children: for the male, what is equal to the share of two females.} [Quran 4:11]. According to these ayaat, Allah, Exalted is He, decreed that a male child inherits double the share of the female, and fixed for each parent a sixth (of the whole estate), as stated in the ayah that reads (what means): {And for one's parents, to each one of them is a sixth of his estate if he left children…} [Quran 4:11]. Allah, Exalted is He, also prescribed for the wife an eighth of the estate if the husband had children (with her or with another wife) or otherwise a fourth. Similarly, a husband is entitled to half of his wife’s estate if she had no children (with him or with another husband), or a fourth if she had children (with him or with another husband). Allah, Exalted is He, Says (what means): {And for you is half of what your wives leave if they have no child. But if they have a child, for you is one fourth of what they leave, after any bequest they [may have] made or debt. And for the wives is one fourth if you leave no child. But if you leave a child, then for them is an eighth of what you leave …} [Quran 4:12]..

2756

Narrated Ibn ‘Abbaas (may Allah be pleased with him) that the mother of Sa‘d ibn ‘Ubaadah (may Allah be pleased with them) died in his absence. He (may Allah be pleased with him) said, "O Allah's Messenger ﷺ, my mother died in my absence; will it be of any benefit for her if I give Sadaqah (i.e., charity) on her behalf?" The Prophet ﷺ said, "Yes," Sa‘d (may Allah be pleased with him) said, "I make you a witness that I gave my garden called Al-Mikhraaf in charity on her behalf."
.

Commentary :
A manifestation of Allah’s divine mercy and grace bestowed upon His servants is that He decreed that there should be many ways to raise their levels in Paradise and have their sins forgiven, one of which is decreeing that giving charity on behalf of the deceased should generate reward for the deceased, and benefit him or her after death.
In this hadeeth, ‘AbdullahNarrated Ibn ‘Abbaas (may Allah be pleased with him)that the mother of Sa‘d ibn ‘Ubaadah, ‘Amrah bint Mas‘ood (may Allah be pleased with them) died in his absence. When he (may Allah be pleased with him) came back, he (may Allah be pleased with him) informed the Prophet ﷺ of it and asked, “Will it be of any benefit for her if I give Sadaqah (i.e., charity) on her behalf?” The Prophet ﷺ said, "Yes," meaning that the rewards for such charity would benefit her and be added to her record of good deeds. Upon learning that, Sa‘d (may Allah be pleased with him) said, "I make you a witness that I gave my garden called Al-Mikhraaf in charity on her behalf." The name Al-Mikhraaf was either the name of the garden or a description of it, indicating fruitfulness and abundant produce. It means that he (may Allah be pleased with him) offered this garden in charity on behalf of his late mother so that she would earn the rewards, endowing it for the public benefit of Muslims. He (may Allah be pleased with him) did not specify certain beneficiaries for the endowment, and the Prophet ﷺ did not forbid such an act.
.

2759

Ibn ‘Abbaas (may Allah be pleased with them) said:
Some people claim that the order in that ayah was abrogated, and, by Allah, it is not abrogated, but people have stopped acting on it! There are two kinds of guardians (i.e., who are in charge of the division of the inheritance): one who inherits; such person should give (of what he inherits to the relatives, the orphans and the needy, etc.), the other is the one who does not inherit (e.g. the guardian of the orphans): such person should speak kindly and say (to those who are present at the time of division of the inheritance), "I cannot give it to you (as the wealth belongs to the orphans).
.

Commentary :
The wisdom of Allah, Exalted is He, entailed that some ayaat of the Quran may be abrogated. In Islamic terminology, Naskh (i.e., abrogation) in the Quran means to cancel and abrogate some fixed Laws of Islam rulings in the Quran and replace them with new rulings and orders revealed in ayaat afterward. Scholars held different opinions regarding the abrogation of some ayaat based on their knowledge of the dates of revelation (of the abrogated and abrogating ayaat), and the understanding of each scholar (of the relevant ayaat) as well.
In this hadeeth, the well-ayahd scholar Ibn ‘Abbaas (may Allah be pleased with him), who was known as “Turjumaan Al-Quraan” (i.e., the ayahd interpreter of the Quran), related that some people claim that the order in that ayah was abrogated, referring to the ayah that reads (what means): {And when [other] relatives and orphans and the needy are present at the [time of] division, then provide for them [something] out of the estate and speak to them words of appropriate kindness.} [Quran 4:8]. They claimed that this ayah was abrogated by the ayaat about the division of the inheritance, and accordingly none but the specified heirs are entitled to any share of the deceased’s estate, i.e., the heirs mentioned in the relevant ayaat. However, Ibn ‘Abbaas (may Allah be pleased with them) believed that the ayah was not abrogated, and that its indication does not contradict that of the ayaat about the division of the inheritance (that were revealed afterward). He (may Allah be pleased with him) believed that it was not abrogated, but people have stopped acting on it! He (may Allah be pleased with him) explained that it means that if the one dividing the estate is an heir, he or she is enjoined to give (of what he or she inherits) to these beneficiaries (i.e., the relatives, the orphans and the needy, etc.) specified in the ayah. If he or she is not an heir, e.g., an orphan’s legal guardian, he or she is enjoined to refrain from giving them and should considerately apologize to those who are present at that time of the division, as enjoined by Allah, Exalted is He. He Says (what means): {…and speak to them words of appropriate kindness.} [Quran 4:8].
.

2766

It was narrated on the authority of Aboo Hurayrah (may Allah be pleased with him) that the Prophet ﷺ said, "Avoid the seven destructive sins." People enquired, "O Allah's Messengerﷺ, what are they?" He ﷺ said, 1) To associate partners with Allah, Exalted is He, in worship, 2) to practice sorcery, 3) to kill a person whose life Allah has deemed inviolable except for a just cause (i.e., according to the Islamic Laws of Islam), 4) to consume Ribaa (i.e., interest, usury), 5) to devour an orphan's wealth, 6) to flee from the battlefield at the time of fighting, 7) and to slander chaste women, who are good believers and never even think of anything undermining their chastity.”.

Commentary :
These sins are described as ‘destructive’ because they incur the doer’s destruction with the consequences of their designated punishment in this worldly life, and being thrown into Hellfire and deserving its torment in the Hereafter.
In this hadeeth, the Prophet ﷺ warned Muslims against the seven destructive sins, and commanded them to avoid them. When people inquired about them, he ﷺ said, “1) To associate partners with Allah, Exalted is He, in worship,” and there are two categories of Shirk (i.e., associating partners with Allah, Exalted is He, in worship). First, associating partners with Him in worship, including: stones, trees, and the like (of false objects of worship). Second, minor Shirk (also known as hidden Shirk) means Riyaa’ (i.e., showing off and seeking to impress others to win their praise). Riyaa’ is an act of the heart and inward character trait that none knows except the One who knows the unseen.
The second destructive sin is to practice sorcery, and it may be divided into two categories: first, sorcery by means of written spells and charms such as incantations and talismans, by which the sorcerer uses the devils to harm the affected person, but Allah, Exalted is He, Says (what means): {But they do not harm anyone through it except by permission of Allah.} [Quran 2:102]. Second, sorcery by means of medicine and drugs that affect the person’s body and mind, and influence his will and inclination, urging him to be inclined towards somethings and developing an aversion towards others.
The third destructive sin is killing a person whose life was deemed inviolable by Allah, Exalted is He, except for a just cause (i.e., according to the Islamic Laws of Islam), and this applies to those people whose lives are declared inviolable due to being Muslims or being granted protection (e.g. the non-Muslims living under the Muslim rule), or a covenant of safety or security. His saying, ‘except for a just cause,’ means as per the laws of Islam provisions, such as killing someone in implementation of Qisaas (i.e., retribution), Hadd (i.e., a corporal punishment prescribed by the Sharee`ah), or for apostasy.
The fourth destructive sin is the consumption of Ribaa (i.e., interest, usury), which means excess charged in the event of a barter of homogenous commodities without being matched by an increase of compensation in return. Ribaa involves committing an act of injustice against the other party, unlawfully devouring his wealth, and waging war against Allah, Exalted is He, and His Messenger, as stated in the Quran. The reference to ‘consumption’ (the Arabic word used in the hadeeth is Akl, lit., eating)in this context is due to the fact that eating is one of the fundamental ways of availing oneself of one’s money.
The fifth destructive sin is devouring the orphan’s wealth, which means wasting his or her wealth. The Arabic verb used in the Hadeeth is Akala, lit. to eat, and the reference to eating here is because buying sustenance is the often purpose of spending one’s money.
The sixth destructive sin is fleeing from the battlefield at the time of fighting against the disbelievers or (Muslim) aggressors, except when such a combatant flees merely for the purpose of maneuvering for battle [as a strategy or a stratagem of war] to relaunch another attack or deceive the enemy; Allah, Exalted is He, Says (what means): {…unless swerving [as a strategy] for war or joining [another] company…} [Quran 8:16].
The seventh destructive sin is slandering chaste women, who are good believers and so innocent that they would never even think of anything undermining their chastity. Slander means accusing someone of Fornication.

Listing these seven destructive sins in this hadeeth does not mean that they are the only grave sins. Rather, other textual evidence from the Quran and Sunnahhave made mention of other grave sins including false speech, committing Fornication with a neighbor’s wife, undutifulness towards parents, false oaths, violating the sanctity of the House of Allah, Exalted is He, and other grave sins that were mentioned in the texts of the Sunnah.

The fact that the Prophet ﷺ stated that there are seven destructive sins does not essentially mean that there are no other destructive sins other than those mentioned in the hadeeth. He ﷺ may have listed those seven sins on that occasion, and received the divine revelation about other ones afterward, or it may be that these seven sins in particular were the most appropriate on that specific occasion.

.

2767

Naafi‘ said:
"Ibn ‘Umar (may Allah be pleased with him) never refused to be appointed as a legal guardian." The most beloved thing to Ibn Sireen concerning an orphan's wealth was that the orphan's advisors and guardians would assemble to decide what is best for him. When Taawoos was asked about something concerning an orphan's affairs, he would recite the ayah that reads (what means): {And Allah knows the corrupter from the amender.} [Quran 2:220] ‘Attaa’ said concerning some orphans, "The guardian is to provide for the young and old orphans according to their needs from their shares.".

Commentary :
The Islamic Laws of Islam assigned special care to the rights of orphans, given their weakness and helplessness. The Quran and Sunnah stipulated the preservation of these rights.
In this report, the Taabi’ee (a Muslim who saw at least one of the Companions) Naafi‘, the freed slave of Ibn ‘Umar (may Allah be pleased with him), narrated that ‘AbdullahIbn ‘Umar (may Allah be pleased with him) never refused to be appointed as a legal guardian for orphans, meaning that he (may Allah be pleased with him) did not refuse to assume guardianship of orphans whenever one appointed him to be their guardian in his Wasiyyah (i.e., last will and testament), aspiring to the abundant reward for such an act. The Prophet ﷺ said: “I will be like this in Jannah with the person who takes care of an orphan.” The Messenger of Allah ﷺ raised his forefinger and middle finger by way of illustration.” [Al-Bukhaaree].
The most beloved thing to the Taabi’ee (a Muslim who saw at least one of the Companions) Ibn Sireen concerning an orphan's wealth was that the orphan's advisors and guardians would assemble to decide what is best for him.
Moreover, the Taabi’ee (a Muslim who saw at least one of the Companions) Taawoos ibn Kaysaan used to remind the guardians of the gravity of dishonest disposal of the orphan’s wealth under their care; he would recite the ayah that reads (what means): {And Allah knows the corrupter from the amender.} [Quran 2:220]. In the same vein, the Taabi’ee (a Muslim who saw at least one of the Companions) ‘Attaa’ said that a guardian is required to provide for the orphan under his care, from his or her wealth, according to this orphan’s social (and financial) status. .

2768

Narrated Anas (may Allah be pleased with him) that when Allah's Messenger ﷺcame to Al-Madeenah, he ﷺ did not have any servant. Aboo Talhah (Anas' stepfather) (may Allah be pleased with him) took me to Allah's Messenger ﷺand said, "O Allah's Messengerﷺ! Anas is a wise boy, so let him serve you." So, I served him at home and on journeys. If I did anything, he ﷺ never asked me why I did it, and if I refrained from doing anything, he ﷺ never asked me why I refrained from doing it.
.

Commentary :
The Prophet ﷺ gave us the optimal example of good treatment of one’s freed slaves and servants.
In this hadeeth, Narrated Anas (may Allah be pleased with him) that when Allah's Messenger ﷺ came to Al-Madeenah, he ﷺ did not have any servant. Therefore, Aboo Talhah Al-Ansaaree (Anas' stepfather) (may Allah be pleased with him) took Anas ibn Maalik (may Allah be pleased with him) to Allah's Messenger ﷺ and said, "O Allah's Messenger ﷺ! Anas is a wise boy,” meaning smart, “so let him serve you." The Prophet ﷺ accepted the generous offer and took Anas (may Allah be pleased with him) as his servant.
Anas (may Allah be pleased with him) stated that he served the Prophet ﷺ during residence and travel. If he (may Allah be pleased with him) did anything, the Prophet ﷺ never asked him why he did it, and if he refrained from doing anything, he ﷺ never asked him why he refrained from doing it. He ﷺ never rebuked him for anything he (may Allah be pleased with him) did or did not do. The version of the hadeeth recorded in Muslim reads: “He ﷺ never said 'Uff' (i.e., an expression of disapproval or irritation) to me.” This reflected the Prophet’s ﷺgood moral character, compassion, patience, and kindness towards his servants.

The hadeeth highlights the Prophet’s ﷺgood moral character, compassion, and kindness towards his servant. He ﷺwas the epitome of compassion and mercy, edifying the whole world on these moral values.

It is deduced from the hadeeth that one should refrain from rebuking his servants regarding worldly affairs.
It is also inferred therefrom that a Muslim is urged to treat those who are inferior to him with consideration and kindness.
.

2778

Aboo ‘Abd Al-Rahmaan narrated that when ‘Uthmaan (may Allah be pleased with him) was circled (by the rebels), he (may Allah be pleased with him) looked upon them from above and said, "I adjure you by Allah, and I adjure nobody but the Companions of the Prophet ﷺ; do not you know that Allah's Messenger ﷺ said, 'Whoever will (buy and) dig the well of Rumah will be granted Paradise,' and I (bought and) dug it? Do not you know that he ﷺ said. 'Whoever equip the army of ‘Usrah (i.e., the Battle of Tabook) will be granted Paradise,' and I equipped it?" They attested whatever he (may Allah be pleased with him) said. When ‘Umar (may Allah be pleased with him) founded his endowment he said, "Its administrator can eat from it." The management of the endowment can be taken over by the founder himself or any other person, for both cases are permissible..

Commentary :
When some Muslims rebelled against the Caliph ‘Uthmaan ibn ‘Affaan (may Allah be pleased with him), they laid siege to his house in Al-Madeenah for a long period of time. He (may Allah be pleased with him) looked from the top of his house and reminded them of his merits and virtues that were particular to him, and of his giving and contributions in support of Islam and for the benefit of Muslims, aspiring only to the reward of Allah, Exalted is He. He (may Allah be pleased with him) urged the Companions (may Allah be pleased with them) who were present at that time to attest to his words, saying: “I adjure you by Allah, and I adjure nobody but the Companions of the Prophet ﷺ; do you not know that Allah's Messenger ﷺ said, 'Whoever will (buy and) dig the well of Rumah will be granted Paradise,' and I (bought and) dug it?” He (may Allah be pleased with him) bought this well and donated it as an endowment for the benefit of Muslims when the emigrants settled in Al-Madeenah and Muslims needed more water, and its previous owner used to sell them its water. He (may Allah be pleased with him) added: “Do you not know that he ﷺ said. 'Whoever equips the army of ‘Usrah (i.e., the Battle of Tabook) will be granted Paradise,' and I equipped it?” He (may Allah be pleased with him) reminded them that he (may Allah be pleased with him)had funded the Muslim army that marched to fight the Romans during the Battle of Tabook in 9 A.H. It was known as the army of ‘Usrah, meaning ‘hardship’. The Companions (may Allah be pleased with them) attested whatever he (may Allah be pleased with him) said. Some of the Companions (may Allah be pleased with them) who were present then were ‘Alee ibn Abee Taalib, Talhah, Al-Zubayr, and Sa‘d ibn Abee Waqqaas (may Allah be pleased with them).
It should be noted that his statements aimed to refute the rebels’ false accusations against him regarding the neglect of his duties as a Caliph and nepotism towards his relatives (i.e., appointing his relatives and people from his clan in positions of power).

.

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

It was narrated on the authority of Aboo Hurayrah (may Allah be pleased with him) that Allah's Messenger ﷺsaid, "Allah has ninety-nine Names, i.e., one-hundred minus one, and whoever knows them will go to Paradise." (Please see Hadeeth No. 419, Vol. 8)
.

‘AbdullahNarrated Ibn ‘Umar (may Allah be pleased with him) that Allah's Messengerﷺsaid, "It is not permissible for any Muslim who has something to will to stay for two nights without having his Wasiyyah (i.e., last will and testament) written and kept ready with him."
.

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

It was narrated on the authority of Aboo Hurayrah (may Allah be pleased with him) that Allah's Messenger ﷺsaid, "Allah has ninety-nine Names, i.e., one-hundred minus one, and whoever knows them will go to Paradise." (Please see Hadeeth No. 419, Vol. 8) .

‘AbdullahNarrated Ibn ‘Umar (may Allah be pleased with him) that Allah's Messengerﷺsaid, "It is not permissible for any Muslim who has something to will to stay for two nights without having his Wasiyyah (i.e., last will and testament) written and kept ready with him." .

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)..

It was narrated on the authority of Aboo Hurayrah (may Allah be pleased with him) that Allah's Messenger ﷺsaid, "Allah has ninety-nine Names, i.e., one-hundred minus one, and whoever knows them will go to Paradise." (Please see Hadeeth No. 419, Vol. 8)
.

‘AbdullahNarrated Ibn ‘Umar (may Allah be pleased with him) that Allah's Messengerﷺsaid, "It is not permissible for any Muslim who has something to will to stay for two nights without having his Wasiyyah (i.e., last will and testament) written and kept ready with him."
.