Monthly Archives: October 2014

Replacing a Gift with Another (Hadith No. 2297)

Bismillah.

Volume 3, Book 47, Number 799:
Narrated Ibn Shihab Az-Zuhri:
Anas bin Malik (radiallaahu `anhu) said, “When the emigrants came Medina, they had nothing whereas the Ansar had land and property. The Ansar gave them their land on condition that the emigrants would give them half the yearly yield and work on the land and provide the necessaries for cultivation.” His (i.e. Anas’s mother who was also the mother of ‘Abdullah bin Abu Talha, gave some date-palms to Allah’ Apostle (sallallaahu `alayhi wasallam) who gave them to his freed slave-girl (Um Aiman) who was also the mother of Usama bin Zaid (radiallaahu `anhu). When the Prophet (sallallaahu `alayhi wasallam) finished from the fighting against the people of Khaibar and returned to Medina, the emigrants returned to the Ansar the fruit gifts which the Ansar had given them. The Prophet also returned to Anas’s mother the date-palms. Allah’s Apostle (sallallaahu `alayhi wasallam) gave Um Aiman other trees from his garden in lieu of the old gift.

He could have just taken the trees back from her without giving any explanation and she wouldn’t have asked for a replacement, because I’m sure she knew it was temporary. But he did make up for it and that’s what makes him awesome. :)

Maniha: A Good Gift (Ahadith 2295 – 2296)

Bismillah.

Volume 3, Book 47, Number 797:
Narrated Abu Huraira (radiallaahu `anhu):
Allah’s Apostle (sallallaahu `alayhi wasallam) said, “What a good Maniha (the she-camel which has recently given birth and which gives profuse milk) is, and (what a good Maniha) (the sheep which gives profuse milk, a bowl in the morning and another in the evening) is!”

Volume 3, Book 47, Number 798:
Narrated Malik:
Maniha is a good deed of charity.

Maniha: a sort of gift in the form of a she-camel or a sheep which is given to somebody temporarily so that its milk may be used and then the animal is returned to its owner.

So it’s basically a very thoughtful and generous gift.. an example from today could be lending your car to someone with its tank full, or a printer along with hefty ink supply. I personally think we’re stingy when it comes to these things. We’d rather keep such benefits to ourselves than let others have any share in them. Definitely something to think about.

Borrowing Bridal Dresses: Setting New Trends (Hadith No. 2294)

Bismillah.

Today’s narration is of much benefit, especially in our ‘desi’ society. If only we were to act upon it..

Volume 3, Book 47, Number 796:
Narrated Aiman:
I went to ‘Aisha (radiallaahu `anhaa) and she was wearing a coarse dress costing five Dirhams. ‘Aisha (radiallaahu `anhaa) said, “Look up and see my slave-girl who refuses to wear it in the house though during the lifetime of Allah’s Apostle (sallallaahu `alayhi wasallam) I had a similar dress which no woman desiring to appear elegant (before her husband) failed to borrow from me.”

To summarize, Aisha (radiallaahu `anhaa) is upset and sort of astonished at her slave girl’s behavior when she refuses to wear that ‘coarse’ dress. According to her, it was similar to another dress that she had which brides used to borrow from her to wear on their weddings during the time of the Prophet (sallallaahu `alayhi wasallam). While it is understandable that times had changed and Muslims had access to more wealth now so obviously slaves had better standards too.. but the point I’d like to reiterate is that of borrowing the bridal dress.

Without going in to statistical details, we know how much an average bridal dress costs these days.. and the number of times it’s worn by the owner is less than two in most cases. They probably don’t give it away because of some ’emotional attachment’ to it, and those in need don’t borrow it from them for fear of ‘what will people say?’. The amount of money spent (read: wasted) on these dresses is just sad. Really. We need to bring about a change in our society.. for the better. It’ll start with us. It’ll start with me.

Having said that, if anyone wants to borrow my bridal dress (worn only once), they may feel free to contact me. :D

Spread the word, let’s inspire some positive change inshaAllah. :)

Rulings on Lending and Borrowing (Hadith No. 2293)

Bismillah.

How about some fiqh today? Here, have a taste! :D

Volume 3, Book 47, Number 795:
Narrated Anas (radiallaahu `anhu):
Once the people of Medina were frightened, so the Prophet (sallallaahu `alayhi wasallam) borrowed a horse from Abu Talha (radiallaahu `anhu) called Al-Mandub, and rode it. When he came back he said, “We have not seen anything (to be afraid of), but the horse was very fast (having an energy as inexhaustible as the water of the sea).”

Lending something to a person who needs it is an act of worship which brings great reward, because it comes under the general heading of co-operating in righteousness and piety.

For lending to be valid, it must meet four conditions:

1 – The one who is lending should be qualified to donate the item, because lending is a kind of donation; so it is not valid on the part of a minor, one who is insane, or a fool.

2 – The borrower should be qualified to receive the donation, so that if he accepts it that will be valid.

3 – The item lent should be something which it is Islamically permissible to benefit from. So it is not permissible to lend a Muslim slave to a kaafir, or to lend hunting equipment to a muhrim, because Allaah says (interpretation of the meaning):

“… but do not help one another in sin and transgression…”

[al-Maa’idah 5:2]

4 – The item lent should be something which can be used but will remain, as described above.

The lender has the right to ask for the item back whenever he wants, unless asking for it back will cause some harm to the borrower, such as when he has borrowed a boat to convey his goods and it is still at sea, or if he asked him to let him use his wall to rest the ends of his wood on – he cannot ask him to give the wall back so long as the ends of his wood are still resting on it.

The borrower has to take better care of the borrowed item than of his own possessions, so that he can return it in good condition to its owner, because Allaah says (interpretation of the meaning):

“Verily, Allaah commands that you should render back the trusts to those, to whom they are due”[al-Nisaa’ 4:58]

This aayah indicates that it is obligatory to render back trusts, which includes items loaned. The Prophet (peace and blessings of Allaah be upon him) said: “Return trusts to those who entrusted you with them.” The texts indicate that it is obligatory to take care of things that have been entrusted to you, and that it is obligatory to return them to their owners in good condition. This general meaning includes items that are loaned, because the borrower is entrusted with them and is expected to return them. He is permitted to benefit from them within the limits dictated by custom, but he is not permitted to be extravagant in his use of them in such a way that he destroys them, or to use them in a way for which they were not designed to be used, because the owner did not give him permission to use them in that way, and Allaah says (interpretation of the meaning):

“Is there any reward for good other than good?”

[al-Rahmaan 55:60]

If the borrower uses it for something other than the purpose for which he borrowed it, and it is destroyed, then he is responsible for it, because the Prophet (peace and blessings of Allaah be upon him) said: “The one who borrows is responsible for what he borrows until he returns it.” (Narrated by the five, and classed as saheeh by al-Albaani). This indicates that it is obligatory to return what one has taken of another person’s property, and that he is not free of responsibility until he has given it back to its owner or the owner’s deputy.

If it is destroyed whilst being used in the proper manner, the borrower is not to be held accountable for that, because the lender gave him permission to use it, and if that happens to an item that he has been permitted to use, then he is not to be held accountable for that.

However, the scholars differed as to whether the borrower is held to be responsible for something that is destroyed whilst he was using it for a purpose other than that for which it was borrowed. One group said that he is to be held accountable for it whether he abused it or not, because of the general meaning of the words of the Prophet (peace and blessings of Allaah be upon him), “The one who borrows is responsible for what he borrows until he returns it.” This would apply in cases where an animal dies, a garment gets burned or a borrowed item is stolen. Another group said that he is not to be held accountable for it if he did not abuse it, because a person cannot be held accountable if he did not abuse it. Perhaps this view is more correct, because the borrower takes it with the permission of the owner, so it is a trust for him, like something with which one is entrusted.

The borrower has to look after the loaned item, take care of it and hasten to return it to its owner when he no longer has any need of it. He should not be negligent concerning the item, or expose the item to the risk of destruction, because it is a trust and because the owner has done him a favour, and

“Is there any reward for good other than good?”

[al-Rahmaan 55:60 – interpretation of the meaning].

[From "Al-Mulakhkhas al-Fiqhi" by Shaykh Saalih ibn Fawzan Aal Fawzaan]

Ruqba: Life Grant (Ahadith 2291 – 2292)

Bismillah.

Ahadith 2288 – 2290 (below) are repeats. See linked text for related posts.

Volume 3, Book 47, Number 790:
Narrated Ibn ‘Abbas (radiallaahu `anhu):
The Prophet (sallallaahu `alayhi wasallam) said, “He who takes back his present is like him who swallows his vomit.

Volume 3, Book 47, Number 791:
Narrated Ibn ‘Abbas (radiallaahu `anhu):
The Prophet (sallallaahu `alayhi wasallam) said, “The bad example is not for us. He who takes back his present is like a dog that swallows back its vomit.”

Volume 3, Book 47, Number 792:
Narrated ‘Umar bin Al-Khattab (radiallaahu `anhu):
I gave a horse in Allah’s Cause. The person to whom it was given, did not look after it. I intended to buy it from him, thinking that he would sell it cheap. When I asked the Prophet (sallallaahu `alayhi wasallam) he said, “Don’t buy it, even if he gives it to you for one Dirham, as the person who takes back what he has given in charity, is like a dog that swallows back its vomit.”

Today’s Ahadith:

Volume 3, Book 47, Number 793:
Narrated Jabir (radiallaahu `anhu):
The Prophet (sallallaahu `alayhi wasallam) gave the verdict that ‘Umra is for the one to whom it is presented.

Volume 3, Book 47, Number 794:
Narrated Abu Huraira (radiallaahu `anhu):
The Prophet (sallallaahu `alayhi wasallam) said, “Umra is permissible.” Ata said, “Jabir (radiallaahu `anhu) narrated the same to me from the Prophet (sallallaahu `alayhi wasallam).”

Al-`Umra الْعُمْرَى (or Ar-Ruqba الرُّقْبَى): A gift which puts death of either the hibah provider or recipient as the condition of hibah
ownership to the living party. A certain conditional grant determined by the hibah provider, in which the hibah property will become the hibah recipient’s if the hibah provider dies. If the hibah recipient dies before the hibah provider, then the hibah property will be returned to the hibah provider. For example, “This land I give to you as ruqba and if you die first then
the property will be returned to me and if I die first then the property is for you.”

The majority of Islamic scholars are of the opinion that temporary hibah such as hibah ‘umra and ruqba are considered valid but the conditions are considered void. This is because taking back a gift is prohibited as indicated in ahadith above.

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