|
list
|
..
|
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
Zubair4
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.
|
Top
Hadith
Section
> A
Manual of Hadith
> Chapter 26: Gifts (Hibah and Waqf) (Hadith -- The
Traditions)
footer
|
'E-mail'
this page to a friend!
|
E-mail
Us!
This website is designed,
developed and maintained by the members of:
The Lahore
Ahmadiyya Movement for the Propagation of
Islam
(Ahmadiyya
Anjuman Isha'at-e-Islam, Lahore
-- A.A.I.I.L.)
and is being managed in the Netherlands.
The responsibility of the content
of this website lies with the respective
authors
You may print-out and spread this
literature for the propagation of Islam provided our website
[aaiil.org]
is acknowledged
|
