Monthly Archives: August 2014
(Hadith No. 2177)
Ahadith 2172 – 2176 (below) are repeats. See linked text for related posts.
Volume 3, Book 44, Number 675:
Narrated Jabir bin ‘Abdullah (radiallaahu `anhu):
The Prophet (sallallaahu `alayhi wasallam) established the right of Shu’fa (i.e. Pre-emption) in joint properties; but when the land is divided and the ways are demarcated, then there is no pre-emption.
Volume 3, Book 44, Number 676:
Narrated Jabir bin ‘Abdullah (radiallaahu `anhu):
The Prophet (sallallaahu `alayhi wasallam) said, “The right of pre-emption is valid in every joint property, but when the land is divided and the way is demarcated, then there is no right of pre-emption.”
Volume 3, Book 44, Number 677:
Narrated Sulaiman bin Abu Muslim:
I asked Abu Minhal about money exchange from hand to hand. He said, “I and a partner of mine bought something partly in cash and partly on credit.” Al-Bara’ bin ‘Azib (radiallaahu `anhu) passed by us and we asked about it. He replied, “I and my partner Zaid bin Al-Arqam (radiallaahu `anhu) did the same and then went to the Prophet (sallallaahu `alayhi wasallam) and asked him about it. He said, ‘Take what was from hand to hand and leave what was on credit.‘ “
Volume 3, Book 44, Number 678:
Narrated Abdullah (radiallaahu `anhu):
Allah’s Apostle (sallallaahu `alayhi wasallam) rented the land of Khaibar to the Jews on the condition that they would work on it and cultivate it and take half of its yield.
Volume 3, Book 44, Number 679:
Narrated ‘Uqba bin ‘Amir (radiallaahu `anhu):
that Allah’s Apostle (sallallaahu `alayhi wasallam) gave him some sheep to distribute among his companions in order to sacrifice them and a kid was left. He told the Prophet (sallallaahu `alayhi wasallam) about it and the Prophet (sallallaahu `alayhi wasallam) said to him, “Sacrifice it on your behalf.”
Volume 3, Book 44, Number 680:
Narrated ‘Abdullah bin Hisham (radiallaahu `anhu):
that his mother Zainab bint Humaid took him to the Prophet (sallallaahu `alayhi wasallam) and said, “O Allah’s Apostle (sallallaahu `alayhi wasallam)! Take the pledge of allegiance from him.” But he said, “He is still too young for the pledge,” and passed his hand on his (i.e. ‘Abdullah’s) head and invoked for Allah’s blessing for him.
Zuhra bin Ma’bad stated that he used to go with his grandfather, ‘Abdullah bin Hisham (radiallaahu `anhu), to the market to buy foodstuff. Ibn ‘Umar and Ibn Az-Zubair (radiallaahu `anhumaa) would meet him and say to him, “Be our partner, as the Prophet invoked Allah to bless you.” So, he would be their partner, and very often he would win a camel’s load and send it home.
Adoption in Islam (Hadith No. 2171)
Volume 3, Book 44, Number 674:
Narrated ‘Urwa bin Az-Zubair:
That he had asked ‘Aisha (radiallaahu `anhaa) about the meaning of the Statement of Allah: “If you fear that you shall not be able to deal justly with the orphan girls, then marry (other) women of your choice two or three or four.” (4.3)
She said, “O my nephew! This is about the orphan girl who lives with her guardian and shares his property. Her wealth and beauty may tempt him to marry her without giving her an adequate Mahr (bridal-money) which might have been given by another suitor. So, such guardians were forbidden to marry such orphan girls unless they treated them justly and gave them the most suitable Mahr; otherwise they were ordered to marry any other woman.” ‘Aisha (radiallaahu `anhaa) further said, “After that verse the people again asked the Prophet (sallallaahu `alayhi wasallam) (about the marriage with orphan ‘girls), so Allah revealed the following verses:– ‘They ask your instruction concerning the women. Say: Allah Instructs you about them and about what is recited unto you In the Book, concerning the orphan girls to whom you give not the prescribed portions and yet whom you desire to marry…” (4.127)
What is meant by Allah’s Saying:- ‘And about what is recited unto you is the former verse which goes:- ‘If you fear that you shall not be able to deal justly with the orphan girls, then marry (other) women of your choice.’ (4.3) ‘Aisha (radiallaahu `anhaa) said, “Allah’s saying in the other verse:- ‘Yet whom you desire to marry’ (4.127) means the desire of the guardian to marry an orphan girl under his supervision when she has not much property or beauty (in which case he should treat her justly). The guardians were forbidden to marry their orphan girls possessing property and beauty without being just to them, as they generally refrain from marrying them (when they are neither beautiful nor wealthy).”
A common reader might find this weird – how can a guardian marry the orphan girl he’s upbringing? Incest? No. Because this is a case of sponsoring the orphan, that’s allowed in Islam, unlike adoption.
There is a difference between adoption and sponsoring orphans.
A – Adoption means that a man takes an orphan and makes him like one of his own children, calling him after him, so that the orphan is not allowed to marry one of the man’s daughters, and so the sons of the adoptive father are regarded as brothers of the orphan and his daughters are regarded as his sisters, and his (the father’s) sisters are regarded as his paternal aunts, and so on. This was one of the things that were done during the first Jaahiliyyah, and some of the Sahaabah carried the names of their adoptive fathers, as in the case of al-Miqdaad ibn al-Aswad whose real father’s name was ‘Amr, but he was called ibn (son of) al-Aswad, after the man who had adopted him.
This continued into the early days of Islam, until Allaah forbade that, according to a well-known story. Zayd ibn Haarithah was called Zayd ibn Muhammad, and he was the husband of Zaynab bint Jahsh, then Zayd divorced her.
It was narrated that Anas said: When Zaynab’s ‘iddah came to an end, the Messenger of Allaah (peace and blessings of Allaah be upon him) said to Zayd ibn Haarithah, “Go and tell her about me (that I want to marry her).” So he went to her and found her kneading dough. He said, “O Zaynab, good news. The Messenger of Allaah wants to marry you.” She said, “I will not do anything until I consult with my Lord.” Then she got up and went to her prayer-place, then the Messenger of Allaah (peace and blessings of Allaah be upon him) came and entered upon her.
Concerning this, Allaah revealed the words (interpretation of the meaning):
“And (remember) when you said to him (Zayd bin Haarithah the freed‑slave of the Prophet) on whom Allaah has bestowed grace (by guiding him to Islam) and you (O Muhammad too) have done favour (by manumitting him): ‘Keep your wife to yourself, and fear Allaah.’ But you did hide in yourself (i.e. what Allaah has already made known to you that He will give her to you in marriage) that which Allaah will make manifest, you did fear the people (i.e., their saying that Muhammad married the divorced wife of his manumitted slave) whereas Allaah had a better right that you should fear Him. So when Zayd had accomplished his desire from her (i.e. divorced her), We gave her to you in marriage, so that (in future) there may be no difficulty to the believers in respect of (the marriage of) the wives of their adopted sons when the latter have no desire to keep them (i.e. they have divorced them). And Allaah’s Command must be fulfilled”
(Narrated by Muslim, 1428)
B – Allaah has forbidden adoption because it causes knowledge of people’s lineage to be lost, and we have been commanded to preserve people’s lineage.
It was narrated from Abu Dharr (may Allaah be pleased with him) that he heard the Prophet (peace and blessings of Allaah be upon him) say: “There is no man who knowingly calls himself after someone other than his father but he has committed kufr. Whoever claims to belong to people to whom he has no ties of blood, let him take his place in Hell.”
(Narrated by al-Bukhaari, 3317; Muslim, 61)
What is meant by “committed kufr” is that he has done an act of kufr, not that he is beyond the pale of Islam.
This may generate hatred and resentment between the adopted son and the children of the adoptive father, because it will cause them to lose out on something that is rightfully theirs, which will go to this orphan unlawfully who they know is not entitled to it as they are.
Sponsoring an orphan means that a man brings the orphan to live in his house, or he sponsors him somewhere other than his house, without giving him his name or forbidding that which is permitted or permitting that which is forbidden, as is the case with adoption. Rather the one who sponsors an orphan is doing a generous deed. So there can be no comparison between one who sponsors an orphan and one who adopts a child, because of the great difference between them and because sponsoring orphans is something which is encouraged in Islam.
Allaah says (interpretation of the meaning):
“…And they ask you concerning orphans. Say: The best thing is to work honestly in their property, and if you mix your affairs with theirs, then they are your brothers. And Allaah knows him who means mischief (e.g. to swallow their property) from him who means good (e.g. to save their property). And if Allaah had wished, He could have put you into difficulties. Truly, Allaah is All-Mighty, All-Wise”
The Messenger (peace and blessings of Allaah be upon him) said that sponsoring orphans is a means of being together with him in Paradise.
It was narrated that Sahl ibn Sa’d said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “I and the one who sponsors an orphan will be like this in Paradise” – and he gestured with his index and middle fingers, holding them slightly apart.
(Narrated by al-Bukhaari, 4998)
But we must point out that when these orphans reach adolescence, they must be separated from the wives and daughters of the sponsor. We should not do good with one hand and do evil with the other. We should also note that the one who is sponsored may be an orphaned girl and she may be beautiful and may become attractive before adolescence, so the sponsor must watch his sons lest they fall into doing haraam things with the orphans, because this could happen and be a means of causing mischief which it will be difficult to put right.
Taken from IslamQA
Save Your Ship (Hadith No. 2170)
Volume 3, Book 44, Number 673:
Narrated An-Nu’man bin Bashir (radiallaahu `anhu):
The Prophet (sallallaahu `alayhi wasallam) said, “The example of the person abiding by Allah’s order and restrictions in comparison to those who violate them is like the example of those persons who drew lots for their seats in a boat. Some of them got seats in the upper part, and the others in the lower. When the latter needed water, they had to go up to bring water (and that troubled the others), so they said, ‘Let us make a hole in our share of the ship (and get water) saving those who are above us from troubling them. So, if the people in the upper part left the others do what they had suggested, all the people of the ship would be destroyed, but if they prevented them, both parties would be safe.”
This is the result of not fulfilling Allah’s command:
“Let there arise out of you a group of people inviting to all that is good (Islam), enjoining Al-Ma‘roof (i.e. Islamic Monotheism and all that Islam orders one to do) and forbidding Al-Munkar (polytheism and disbelief and all that Islam has forbidden). And it is they who are the successful” [Aal ‘Imraan 3:104]
If the people on upper level don’t do anything to stop those on the lower level from digging a hole, they’ll all drown, equally guilty.
Enjoining what is good (al-ma’roof) and forbidding what is evil (al-munkar) is one of the most important Islamic duties, indeed it is the noblest and most sublime. This is the task of the Prophets and Messengers (peace be upon them all), as Allaah says (interpretation of the meaning):
“Messengers as bearers of good news as well as of warning in order that mankind should have no plea against Allaah after the (coming of) Messengers” [al-Nisaa’ 4:165]
Allaah has made the Muslim ummah the best nation ever raised up for mankind, in order to do this important task, as Allaah says (interpretation of the meaning):
“You (true believers in Islamic Monotheism, and real followers of Prophet Muhammad and his Sunnah) are the best of peoples ever raised up for mankind; you enjoin Al-Ma‘roof (i.e. Islamic Monotheism and all that Islam has ordained) and forbid Al-Munkar (polytheism, disbelief and all that Islam has forbidden), and you believe in Allaah” [Aal ‘Imraan 3:110]
If the ummah fails to do its duty of enjoining what is good and forbidding what is evil, wrongdoing and corruption will spread throughout the ummah, and it will deserve the curse of Allaah. For Allaah cursed those among the Children of Israel who disbelieved because they failed in this important duty. Allaah says (interpretation of the meaning):
“Those among the Children of Israel who disbelieved were cursed by the tongue of Dawood (David) and ‘Eesa (Jesus), son of Maryam (Mary). That was because they disobeyed (Allaah and the Messengers) and were ever transgressing beyond bounds.
They used not to forbid one another from Al-Munkar (wrong, evildoing, sins, polytheism, disbelief) which they committed. Vile indeed was what they used to do [al-Maa’idah 5:78]
Joint Ownership of Slaves (Ahadith 2168 – 2169)
Ahadith 2166 – 2167 (below) are repeats. Read them here.
Volume 3, Book 44, Number 669:
Narrated Ibn ‘Umar (radiallaahu `anhu):
The Prophet (sallallaahu `alayhi wasallam) decreed that one should not eat two dates together at a time unless he gets the permission from his companions (sharing the meal with him).
Volume 3, Book 44, Number 670:
“While at Medina we were struck with famine. Ibn Az-Zubair used to provide us with dates as our food. Ibn ‘Umar (radiallaahu `anhu) used to pass by us and say, “Don’t eat two dates together at a time as the Prophet (sallallaahu `alayhi wasallam) has forbidden eating two dates together at a time (in a gathering) unless one takes the permission of one’s companion brother.”
Volume 3, Book 44, Number 671:
Ibn ‘Umar (radiallaahu `anhu) said, “Allah’s Apostle (sallallaahu `alayhi wasallam) said, ‘If one manumits his share of a jointly possessed slave, and can afford the price of the other shares according to the adequate price of the slave, the slave will be completely manumitted; otherwise he will be partially manumitted.’ ” (Aiyub, a sub-narrator is not sure whether the saying ” … otherwise he will be partially manumitted” was said by Nafi’ or the Prophet (sallallaahu `alayhi wasallam).)
Volume 3, Book 44, Number 672:
Narrated Abu Huraira (radiallaahu `anhu):
The Prophet (sallallaahu `alayhi wasallam) said, “Whoever manumits his share of a jointly possessed slave, it is imperative for him to get that slave manumitted completely by paying the remaining price, and if he does not have sufficient money to manumit him, then the price of the slave should be estimated justly, and he is to be allowed to work and earn the amount that will manumit him (without overburdening him)”.
So either the joint owner pays off the other half as well, or the slave works to buy it off.
(Hadith No. 2165)
Hadith no. 2164 (below) is a repeat, read it here.
Volume 3, Book 44, Number 667:
Narrated Anas (radiallaahu `anhu):
that Abu Bakr As-Siddiq (radiallaahu `anhu) wrote to him the law of Zakat which was made obligatory by Allah’s Apostle (sallallaahu `alayhi wasallam). He wrote: ‘Partners possessing joint property (sheep) have to pay its Zakat equally.
Volume 3, Book 44, Number 668:
Narrated ‘Abaya bin Rafa’a bin Rafi’ bin Khadij:
My grandfather said, “We were in the company of the Prophet (sallallaahu `alayhi wasallam) at Dhul-Hulaifa. The people felt hungry and captured some camels and sheep (as booty). The Prophet (sallallaahu `alayhi wasallam) was behind the people. They hurried and slaughtered the animals and put their meat in pots and started cooking it. (When the Prophet came) he ordered the pots to be upset and then he distributed the animals (of the booty), regarding ten sheep as equal to one camel. One of the camels fled and the people ran after it till they were exhausted. At that time there were few horses. A man threw an arrow at the camel, and Allah stopped the camel with it. The Prophet (sallallaahu `alayhi wasallam) said, “Some of these animals are like wild animals, so if you lose control over one of these animals, treat it in this way (i.e. shoot it with an arrow).” Before distributing them among the soldiers my grandfather said, “We may meet the enemies in the future and have no knives; can we slaughter the animals with reeds?” The Prophet (sallallaahu `alayhi wasallam) said, “Use whatever causes blood to flow, and eat the animals if the name of Allah has been mentioned on slaughtering them. Do not slaughter with teeth or fingernails and I will tell you why: It is because teeth are bones (i.e. cannot cut properly) and fingernails are the tools used by the Ethiopians (whom we should not imitate for they are infidels).”