The Bond of Brotherhood (Ahadith 1985 – 1987)

Bismillah.

Chapter Kafalah (Guarantee) under the Book of Debt Transfer starts here.

Kafalah is a guarantee contract between two or more parties where the Kafeel (guarantor) offers a guarantee or takes responsibility for a liability. Modern forms of guarantees are very similar.

Hadith no. 1984 (below) is a repeat. Read it here.

Volume 3, Book 37, Number 488 :
Narrated by Abu Huraira (radiallaahu `anhu)
The Prophet (sallallaahu `alayhi wasallam) said, “An Israeli man asked another Israeli to lend him one thousand Dinars. The second man required witnesses. The former replied, ‘Allah is sufficient as a witness.’ The second said, ‘I want a surety.’ The former replied, ‘Allah is sufficient as a surety.’ The second said, ‘You are right,’ and lent him the money for a certain period. The debtor went across the sea. When he finished his job, he searched for a conveyance so that he might reach in time for the repayment of the debt, but he could not find any. So, he took a piece of wood and made a hole in it, inserted in it one thousand Dinars and a letter to the lender and then closed (i.e. sealed) the hole tightly. He took the piece of wood to the sea and said. ‘O Allah! You know well that I took a loan of one thousand Dinars from so-and-so. He demanded a surety from me but I told him that Allah’s Guarantee was sufficient and he accepted Your guarantee. He then asked for a witness and I told him that Allah was sufficient as a Witness, and he accepted You as a Witness. No doubt, I tried hard to find a conveyance so that I could pay his money but could not find, so I hand over this money to You.’ Saying that, he threw the piece of wood into the sea till it went out far into it, and then he went away. Meanwhile he started searching for a conveyance in order to reach the creditor’s country. One day the lender came out of his house to see whether a ship had arrived bringing his money, and all of a sudden he saw the piece of wood in which his money had been deposited. He took it home to use for fire. When he sawed it, he found his money and the letter inside it. Shortly after that, the debtor came bringing one thousand Dinars to him and said, ‘By Allah, I had been trying hard to get a boat so that I could bring you your money, but failed to get one before the one I have come by.’ The lender asked, ‘Have you sent something to me?’ The debtor replied, ‘I have told you I could not get a boat other than the one I have come by.’ The lender said, ‘Allah has delivered on your behalf the money you sent in the piece of wood. So, you may keep your one thousand Dinars and depart guided on the right path.’ “

Today’s Ahadith:

Volume 3, Book 37, Number 489 :
Narrated by Said bin Jubair (radiallaahu `anhu)
Ibn Abbas (radiallaahu `anhu) said, “In the verse: “To every one We have appointed Muwaliya” (Mawaliya means one’s heirs) (4.33). (And regarding the verse) ‘And those with whom your right hands have made a pledge.’ Ibn ‘Abbas (radiallaahu `anhu) said, “When the emigrants came to the Prophet (sallallaahu `alayhi wasallam) in Medina, the emigrant would inherit the Ansari while the latter’s relatives would not inherit him because of the bond of brotherhood which the Prophet (sallallaahu `alayhi wasallam) established between them (i.e. the emigrants and the Ansar). When the verse: ‘And to everyone We have appointed heirs’ (4.33) was revealed, it cancelled (the bond (the pledge) of brotherhood regarding inheritance).” Then he said, “The verse: ‘To those also to whom your right hands have pledged’, remained valid regarding co-operation and mutual advice, while the matter of inheritance was excluded and it became permissible to assign something in one’s testament to the person who had the right of inheriting before.

Volume 3, Book 37, Number 490 :
Narrated by Anas (radiallaahu `anhu)
Abdur-Rahman bin ‘Auf (radiallaahu `anhu) came to us and Allah’s Apostle (sallallaahu `alayhi wasallam) established a bond of brotherhood between him and Sad bin Rabi’a (radiallaahu `anhu).

Volume 3, Book 37, Number 491 :
Narrated by Asim
I heard Anas bin Malik (radiallaahu `anhu), “Have you ever heard that the Prophet (sallallaahu `alayhi wasallam) said, ‘There is no alliance in Islam?’ ” He replied, “The Prophet (sallallaahu `alayhi wasallam) made alliance between Quarish and the Ansar in my house.”

The ayah that Ibn ‘Abbas (radiallaahu `anhu) is talking about:

﴿وَلِكُلٍّ جَعَلْنَا مَوَالِىَ مِمَّا تَرَكَ الْوَلِدَنِ وَالاٌّقْرَبُونَ وَالَّذِينَ عَقَدَتْ أَيْمَـنُكُمْ فَـَاتُوهُمْ نَصِيبَهُمْ إِنَّ اللَّهَ كَانَ عَلَى كُلِّ شَىْءٍ شَهِيداً ﴾

And to everyone, We have appointed Mawali of that left by parents and relatives. To those also with whom you have made a pledge (brotherhood), give them their due portion (by wills). Truly, Allah is Ever a Witness over all things. [Quran, 4:33]

Ibn Kathir’s commentary:

Ibn `Abbas, Mujahid, Sa`id bin Jubayr, Abu Salih, Qatadah, Zayd bin Aslam, As-Suddi, Ad-Dahhak, Muqatil bin Hayyan, and others said that Allah’s statement,

﴿وَلِكُلٍّ جَعَلْنَا مَوَالِىَ﴾

(And to everyone, We have appointed Mawali) means, “Heirs.” Ibn `Abbas was also reported to have said that Mawali refers to relatives. Ibn Jarir commented, “The Arabs call the cousin a Mawla.” Ibn Jarir continued, “Allah’s statement,

﴿مِّمَّا تَرَكَ الْوَلِدَنِ وَالاٌّقْرَبُونَ﴾

(of that (property) left by parents and relatives.) means, from what he inherited from his parents and family members. Therefore, the meaning of the Ayah becomes: `To all of you, O people, We appointed relatives (such as children) who will later inherit what you inherited from your own parents and relatives.” Allah’s statement,

﴿وَالَّذِينَ عَقَدَتْ أَيْمَـنُكُمْ فَـَاتُوهُمْ نَصِيبَهُمْ﴾

(To those also with whom you have made a pledge (brotherhood), give them their due portion.) means, “Those with whom you have a pledge of brotherhood, give them their share of inheritance, thus fulfilling the ratified pledges that you gave them. Allah has witnessed all of you when you gave these pledges and promises.” This practice was followed in the beginning of Islam, but was later on abrogated when Muslims were commanded to fulfill the pledges (brotherhood) they had already given, but to refrain from making any new pledges after that. Al-Bukhari recorded that Ibn `Abbas said,

﴿وَلِكُلٍّ جَعَلْنَا مَوَالِىَ﴾

(And to everyone, We have appointed Mawali) “meaning, heirs;

﴿وَالَّذِينَ عَقَدَتْ أَيْمَـنُكُمْ﴾

(To those also with whom you have made a pledge (brotherhood)) When the emigrants came to Al-Madinah, the emigrant would inherit from the Ansari, while the latter’s relatives would not inherit from him because of the bond of brotherhood which the Prophet established between them (the emigrants and the Ansar). When the verse,

﴿وَلِكُلٍّ جَعَلْنَا مَوَالِىَ﴾

(And to everyone We have appointed Mawali) was revealed, it cancelled (the pledge of brotherhood regarding inheritance).” Then he said, “The verse,

﴿وَالَّذِينَ عَقَدَتْ أَيْمَـنُكُمْ فَـَاتُوهُمْ نَصِيبَهُمْ﴾

(To those also with whom you have made a pledge (brotherhood), give them their due portion.) remained valid for cases of co-operation and mutual advice, while the matter of inheritance was excluded and it became permissible to assign something in one’s will to the person who had the right of inheriting before.”

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