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Hadith Section > A Manual of Hadith > Chapter 26: Gifts (Hibah and Waqf) (Hadith -- The Traditions)


Chapter 26:
Gifts (Hibah and Waqf) (Hadith -- The Traditions):


 

(Note: The superscript-numbers [e.g., intention2] that appear in the text [in pink] refer to the numbers of the explanatory footnotes that appear at the end of each Hadith [Tradition].)


1 Abu Hurairah reported,
The Prophet, peace and blessings of Allah be on him, said:

"O Muslim women! Let not a neighbour despise for her neighbour (a gift), even though it be the trotters of a goat." (B. 51 : 1.)


2 `A'ishah reported,
The Prophet, peace and blessings of Allah be on him, said:

"Give gifts to one another, for gifts take away rancour." (Tr-Msh. 12 : 17.)


3 Anas said,
Meat was brought to the Messenger of Allah, peace and blessings of Allah be on him, and it was said that it was given to Barirah as a charity. He said:

"For her it is a charity, and for us it is a gift."1 (B. 51 : 7.)

1 Barirah was a freed slave-girl. She sent a gift to the Holy Prophet out of the charity she had received, and the Holy Prophet accepted it.


4 `A'ishah said,
The Messenger of Allah, peace and blessings of Allah be on him, used to accept a gift and to give a compensation for it.
2 (B. 51 : 11.)

2 It shows that the Holy Prophet taught the exchanging of gifts.


5 Nu`man said,
My father gave me a gift. `Amrah bint Rawahah said, I do not agree until thou make the Messenger of Allah, peace and blessings of Allah be on him, a witness. So he came to the Messenger of Allah, peace and blessings of Allah be on him, and said: I gave a gift to my son from `Amrah bint Rawahah, and she has bidden me to make thee a witness. O Messenger of Allah!

He said,

"Hast thou given all thy sons the like of it"?

He said, No. He said :

"Be careful of your duty to Allah and keep justice between your children."

So he returned and took back his gift.3 (B. 51 : 13.)

3 Bukhari relates this hadith to show that having a witness when making a gift was a good practice. `Amrah was the mother, and it was her son who received the gift. The Prophet disallowed this gift, making it clear that all children should be treated alike.


6 Ibrahim said,
The giving of a gift by a man to his wife and by the wife to her husband is lawful.

And `Umar ibn `Abd al-`Aziz said, They cannot take back (the gifts). (B. 51 : 14.)


7 Asma' said,
I said, O Messenger of Allah! I have no property except what Zubair
4 gave to me; can I give (it) as charity?

He said:

"Do thou give charity (out of it) and do not withhold it, lest it be withheld from thee."(B. 51 : 15.) 

4 Asma' was Zubair's wife.


8 Asma' said to Qasim ibn Muhammad and Ibn Abi `Atiq,
I inherited (some property) in Ghabah from my sister `A'ishah, and Mu`awiyah offered me a hundred thousand for it; this is now for you both.
5 (B. 51 : 22.)

5 This is the case of a gift to two (or more) persons jointly.


9 The Prophet, peace and blessings of Allah be on him, and his companions gave as a gift to Hawazin what they had gained from them in war and it was undivided.6 (B. 51 : 23.)

6 A gift may thus be given out of one's share in undivided property.


10 Abu Humaid said,
. . . . The king of Aila sent a gift to the Prophet, peace and blessings of Allah be on him, a white mare, and he gave him to wear an over-garment.
7 (B. 24 : 54.)

7 This was a gift from a non-Muslim.


11 Asma' said,
My mother came to me in the time of the Messenger of Allah, peace and blessings of Allah be on him, and she was an idolatress. So I asked the Messenger of Allah, peace and blessings of Allah be on him, I said, She is not inclined (to Islam), may I do good to her? He said, "Yes; do good to thy mother."
8 (B. 51 : 29.)

8 This was the case of a gift being given to a non-Muslim.


12 Ibn `Abbas said,
The Prophet, peace and blessings of Allah be on him, said:

"The man who takes back what he has gifted is like one who returns to his vomit." (B. 51 : 30.)


13 Jabir said,

The Prophet, peace and blessings of Allah be on him, decided in the matter of `umra that it is for him to whom it has been gifted.9 (B. 51 : 32.)

9 `Umra (from `amara, he lived) was a pre-Islamic transaction, a man's assigning to another a house for the life of the latter, so that when he died, the property reverted to the heirs of the assignor. 

A similar transaction was ruqba (from raqaba, he waited), by which a man assigned to another a house on condition that if the assignor died first, the house became the property of the assignee, and if the assignee died first, the house reverted to the assignor, as if each waited for the death of the other. Bukhari does not speak of ruqba which, according to the best opinion, is not allowed in Islam. With regard to `umra, it is agreed that when it is expressly stated that the property shall pass to the heirs of the assignee or when no condition is laid down, it shall be a gift in all respects and shall not revert to the assignor; but when an express condition is laid down that on the death of the assignee it shall revert to the assignor or his heirs, there are two opinions; firstly, that the transaction shall take effect in accordance with the condition laid down, as if it were a loan; and secondly, that it shall be looked upon as a gift, the condition being dealt with as illegal and unenforceable.


14 Ibn `Umar reported,
`Umar ibn al-Khattab got land in Khaibar; so he came to the Prophet, peace and blessings of Allah be on him, to consult him about it. He said, O Messenger of Allah! I have got land in Khaibar than which I have never obtained more valuable property; what dost thou advise about it? He said :

"If thou likest, make the property itself to remain inalienable, and give (the profit from) it in charity."

So `Umar made it a charity on the condition that it shall not be sold, nor given away as a gift, nor inherited, and made it a charity among the needy and the relatives and to set free slaves and in the way of Allah and for the travellers and to entertain guests, there being no blame on him who managed it if he ate out of it and made (others) eat, not accumulating wealth thereby.10 (B. 54 : 19.)

10 The case cited in this hadith is known as waqf (from waqafa, he stood still or stopped). The property, generally immovable, is in this case not allowed to be sold or otherwise disposed of, only the profits accruing therefrom are dedicated to charitable purposes. But as in this case the relatives are included among those who share in the profits though they may not be needy, it has become the basis for what is more particularly known as waqf `ala-l-aulad, i.e., a waqf for the benefit of a man's children. The property is made inalienable and cannot be divided among the heirs, and the profits from it are spent for the benefit of the children, though a part must necessarily be for charitable objects.


15 Usamah said,
The Messenger of Allah, peace and blessings of Allah be on him, said:

"To whomsoever good is done and he says to the doer of it, May Allah reward thee, he has done his utmost in praising."11 (Tr-Msh. 12 : 17.)

11 Jazaka-llah (may Allah reward thee) is the best form of thanking a man for any benefit or gift received from him. It is both an expression of thankfulness to him and a prayer for him, and it is the common form in which a Muslim thanks another.

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Hadith Section > A Manual of Hadith > Chapter 26: Gifts (Hibah and Waqf) (Hadith -- The Traditions)

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