Monthly Archives: December 2014

Distribution of Inheritance: Being Kind to Orphans and the Needy (Hadith No. 2414)

Bismillah.

وَإِذَا حَضَرَ الْقِسْمَةَ أُولُو الْقُرْبَىٰ وَالْيَتَامَىٰ وَالْمَسَاكِينُ فَارْزُقُوهُم مِّنْهُ وَقُولُوا لَهُمْ قَوْلًا مَّعْرُوفًا

“And when [other] relatives and orphans and the needy are present at the [time of] division, then provide for them [something] out of the estate and speak to them words of appropriate kindness.” [4:8]

Volume 4, Book 51, Number 21 :
Narrated by Ibn ‘Abbas (radiallaahu `anhu)
Some people claim that the order in the above Verse is cancelled, by Allah, it is not cancelled, but the people have stopped acting on it. There are two kinds of guardians (who are in charge of the inheritance): One is that who inherits; such a person should give (of what he inherits to the relatives, the orphans and the needy, etc.), the other is that who does not inherit (e.g. the guardian of the orphans): such a person should speak kindly and say (to those who are present at the time of distribution), “I can not give it to you (as the wealth belongs to the orphans).”

Ibn Kathir comments:

Ath-Thawri said that Ibn Abi Najih narrated from Mujahid that implementing this Ayah, “Is required from those who have anything to inherit, paid from whatever portions their hearts are satisfied with giving away.” Similar explanation was reported from Ibn Mas`ud, Abu Musa, `Abdur-Rahman bin Abi Bakr, Abu Al-`Aliyah, Ash-Sha`bi and Al-Hasan. Ibn Sirin, Sa`id bin Jubayr, Makhul, Ibrahim An-Nakha`i, `Ata’ bin Abi Rabah, Az-Zuhri and Yahya bin Ya`mar said this payment is obligatory. Others say that this refers to the bequeathal at the time of death. And others say that it was abrogated. Al-`Awfi reported that Ibn `Abbas said that this Ayah,

﴿وَإِذَا حَضَرَ الْقِسْمَةَ﴾

(And when are present at the time of division), refers to divisions of inheritance. So, when poor relatives, who are ineligible for inheritance, orphans, and the poor attend the division of the inheritance, which is sometimes substantial, their hearts will feel eager to have a share, seeing each eligible person assuming his share; while they are desperate, yet are not given anything. Allah the Most Kind, Most Compassionate, commands that they should have a share in the inheritance as an act of kindness, charity, compassion and mercy for them.

Mawdudi comments:

This directive is addressed to the heirs of the deceased. They are told not to be niggardly towards their relatives whether they be close or distant. Nor should they be niggardly towards either poor and needy members of the family or towards orphans who are present when the inheritance is distributed. Although they are not legally entitled to any share it is seemly for people to act magnanimously and give them something out of their inheritance, and especially to desist from making hurtful remarks.

The Story of Ka’b ibn Malik’s (radiallaahu `anhu) Repentance (Hadith No. 2413)

Bismillah.

Ahadith 2410 – 2412 (below) are repeats. See linked text for related posts.

Volume 4, Book 51, Number 17 :
Narrated by Anas (radiallaahu `anhu)
The Prophet (sallallaahu `alayhi wasallam) saw a man driving a Badana (i.e. camel for sacrifice) and said to him, “Ride on it.” The man said, “O Allah’s Apostle! It is a Badana.” (The Prophet (sallallaahu `alayhi wasallam) repeated his order) and on the third or fourth time he said, “Ride it, “woe to you!” (or said: “May Allah be merciful to you).”

Volume 4, Book 51, Number 18 :
Narrated by Abu Huraira (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) saw a man driving a Badana and said to him, “Ride on it,” and on the second or the third time he added, “Woe to you.”

Volume 4, Book 51, Number 19 :
Narrated by Ibn ‘Abbas (radiallaahu `anhu)
The mother of Sad bin ‘Ubada (radiallaahu `anhu) died in his absence. He said, “O Allah’s Apostle! My mother died in my absence; will it be of any benefit for her if I give Sadaqa on her behalf?” The Prophet (sallallaahu `alayhi wasallam) said, “Yes,” Sad (radiallaahu `anhu) said, “I make you a witness that I gave my garden called Al Makhraf in charity on her behalf.”

Today’s Hadith:

Volume 4, Book 51, Number 20 :
Narrated by Kab bin Malik (radiallaahu `anhu)
I said, “O Allah’s Apostle! For the acceptance of my repentance I wish to give all my property in charity for Allah’s sake through His Apostle (sallallaahu `alayhi wasallam).” He said, “It is better for you to keep some of the property for yourself.” I said, “Then I will keep my share in Khaibar.”

The story of Ka’b’s (radiallaahu `anhu) repentance is most beautiful. He narrated it in his own words to his son who then narrated it further, and it’s recorded in Bukhari and Muslim. We’ll come to the story after this point: it is mustahabb (liked) to give charity after committing a sin (and repenting).

It was narrated that Ka‘b ibn ‘Ajrah (may Allah be pleased with him) said: The Messenger of Allah (blessings and peace of Allah be upon him) said to me:

“Charity extinguishes sin as water extinguishes fire.”
Al-Tirmidhi (614); classed as saheeh by al-Albaani in Sunan al-Tirmidhi.

The Story of Ka’b’s (radiallaahu `anhu) Repentance

After the Conquest of Makkah, Caeser – Ruler of Byzantium, which was considered the greatest military force on earth at the time – could no longer turn a blind eye to the activities of the Muslims. He was anxiously aware of the Arab tribes’ expectations of independence, and their hopes of getting free from his reign and influence. They could not ignore the alliance of the Arab tribes on his borders to the Muslims. So he concluded that the demolition of the Muslims’ power had grown an urgent necessity. This decision of his should, in his opinion, be achieved before the Muslims become too powerful to conquer, and raise troubles and unrest in the adjacent Arab territories. Thus, Caeser raised a huge army of Byzantine and pro-Roman Ghassanide tribes to launch a decisive bloody battle against the Muslims. News of this army reached the Muslims and much fear spread in their hearts. After much deliberating on the situation, the Messenger of Allah sallallahu ‘alayhi wa sallam made up his mind and ordered his companions to prepare for war. No sooner had the Muslims heard the voice of the Prophet sallallahu ‘alayhi wa sallam calling them to fight the Byzantines, than they rushed to comply with his orders. Almost all the Muslims responded positively. Only those who had weakness in their hearts favoured to stay behind. They were only three people. Their story is told below:

Due to its particular circumstances, this invasion was a particularly severe trial provided by Allah only to try the believers’ faith and sort them out from the others. This is Allah’s permanent Will in such circumstances. In this respect He says:

“Allah will not leave the believers in the state in which you are in now, until He distinguishes the wicked from the good … “[Al-Qur’an 3:179]

Lagging behind and hanging back from full participation in that invasion amounted to a degree of hypocrisy. Whenever the Messenger of Allah sallallahu ‘alayhi wa sallam was informed of a man’s lingering, he would say: “Leave him alone! If Allah knows him to be good, He will enable him to follow you; but if he were not so, Allah would relieve us of him.”

Nobody stayed behind except those who were either hindered by a serious excuse or the hypocrites who told lies to Allah and His Messenger. Some of those hypocrites’ lingering was due to an excuse based on forgery and delusion. Some others tarried, but didn’t ask for instant permission. But there were three believers who unjustifiably lingered. They were the ones whose faith Allah tried, but later He returned to them in Mercy and accepted their repentance. One of the believers’ stories is recorded in an authentic hadeeth:

It has been related by ‘Abdullah ibn Ka’ab ibn Malik, who became Ka’ab’s guide from amongst his children – when he became blind. He said: I heard Ka’ab ibn Malik speaking about the incident concerning his non-participation during the Battle of Tabuk. Ka’ab said:

“I was not absent from the Messenger of Allah sallallahu ‘alayhi wa sallam during any campaign that he fought in, except the Battle of Tabuk. Nevertheless, I was absent from the Battle of Badr. However, no individual was admonished for non-participation. Indeed, the Messenger of Allah sallallahu ‘alayhi wa sallam departed in search of a caravan of the Quraysh, thereafter certain events took place until Allah assembled the two armies unexpectedly. Verily, I witnessed the night of Al-‘Aqabah (the Pledge) with the Messenger of Allah sallallahu ‘alayhi wa sallam, the night wherein we pledged our allegiance to Islam. Furthermore I would not exchange it for participation in the Battle of Badr, regardless of the fact that the Battle of Badr is deemed more noteworthy amongst the people. In relation to my news: I had never before been stronger nor wealthier than at the time I remained behind the Prophet sallallahu ‘alayhi wa sallam during that campaign. By Allah – I had never before been in possession of two she-camels, until the time of the battle.”

The Messenger of Allah sallallahu ‘alayhi wa sallam would conceal his intention to embark upon a military expedition by making reference to other campaigns, until the time for that expedition arrived.

The Messenger of Allah sallallahu ‘alayhi wa sallam conducted that expedition during a season of extreme heat, undertaking a lengthy journey through desert terrain. In addition, the enemy was great in number. Thus, the Prophet sallallahu ‘alayhi wa sallam, clarified the matter to the Muslims, in order that they prepare themselves adequately for their campaign, and he informed them of their intended destination. The Messenger of Allah sallallahu ‘alayhi wa sallam was accompanied by a considerable number of Muslims, whose names could not be recorded in a book. Ka’ab continued:

“Any individual who wished to remain absent would assume that his absence would pass unnoticed, unless it was revealed by Allah by means of Divine Revelation. The Messenger of Allah sallallahu ‘alayhi wa sallam undertook that expedition during a season wherein the fruit had ripened and the shade had become pleasant.

The Messenger of Allah sallallahu ‘alayhi wa sallam and the Muslims equipped themselves with the necessary provisions. I too departed in order to prepare myself, however I returned without accomplishing anything. I would say to myself: I am able to prepare myself. Hence, I continued to postpone my preparations. However the people occupied themselves in earnest with the journey, until the day arrived wherein the Messenger of Allah sallallahu ‘alayhi wa sallam and the Muslims proceeded to depart. However I had not completed any part of my preparations. I said to myself: I shall prepare myself in one or two days after his departure, and then I will join them.

“The morning after their departure, I set out in order to equip myself. However, I returned without completing anything. The following morning, I set out again, nevertheless, but I returned without accomplishing anything. This continued until they hastened towards the battle, and the campaign had passed by. Nevertheless, I intended to depart and reach them, would that I had done so! However, I was not destined to do that.

“After the departure of the Messenger of Allah sallallahu ‘alayhi wa sallam I would enter amongst the people and it would become a cause of sadness for me. For I did not see except the one suspected of being a hypocrite, or the weak and infirm whom Allah had excused from participation.

The Messenger of Allah sallallahu ‘alayhi wa sallam did not remember me until he arrived in Tabuk. He was sitting amongst his people in Tabuk and asked, ‘What happened to Ka’ab?’ A man from amongst the tribe of Bani Salimah responded: ‘O Messenger of Allah, he was hindered by his garments and pleasure for his clothes and his self.’

Mu’adh ibn Jabal said: ‘What a wretched statement you have uttered. O Messenger of Allah, we do not know of him save goodness.’

“Hence, the Messenger of Allah sallallahu ‘alayhi wa sallam became silent. Whilst he was in that position, he saw a man clothed in a white garment real in essence (not merely a desert mirage). The Messenger of Allah sallallahu ‘alayhi wa sallam said: ‘May it be Abu Khaythama al-Ansari, he was the one who donated a measure of dates when the Munafiqin (Hypocrites) defamed him.’

Ka’ab ibn Malik continued:

“When I learned that he had turned in order to return, I was consumed by distress, and started therefore to invent lies. I started to question myself: With what can I avoid his anger tomorrow? I sought assistance from every individual of sound mind and judgment from amongst my family.

“When it was mentioned that the Messenger of Allah’s sallallahu ‘alayhi wa sallam arrival was imminent, the false excuses vanished from my mind. I recognized that I could not liberate myself from this predicament by means of falsehood. I therefore resolved to speak the truth.

“The Messenger of Allah sallallahu ‘alayhi wa sallam arrived the following morning. It was a practice of the Prophet sallallahu ‘alayhi wa sallam that upon returning from a journey, he would proceed towards the Mosque and perform a two rak’ah prayer therein, and then sit amongst the people. After those matters had taken place, the absentees approached him. They started to present their excuses and take oaths to that effect. There were over eighty men in number. The Messenger of Allah sallallahu ‘alayhi wa sallamaccepted their excuses, their oaths, and sought forgiveness on their behalf. In addition, he entrusted unto Allah their secret affairs. Thereafter I approached him, and conveyed the greeting upon him. He smiled – the smile of the one enraged. Then he said: ‘Come forward.’ I therefore approached him walking until I was sitting before him. Then he said: ‘What prevented you from accompanying us? Had you not purchased a riding animal?’

“I responded: ‘Of course O Messenger of Allah. However, by Allah, if I was in the presence of any other man from amongst the inhabitants of this World, I would avoid His wrath by presenting an excuse for I have been granted the ability to speak in an eloquently persuasive manner. However, I am aware that if I utter a lie today in order to seek your pleasure, certainly Allah will cause you to become enraged with me in the future. Alternatively, if I inform you of the truth, thereby causing you to become angry, I may nevertheless hope for Allah’s Pardon. No, By Allah I have no excuse to present. I had never before been stronger nor wealthier than during the time I neglected to accompany you.’

“The Messenger of Allah sallallahu ‘alayhi wa sallam replied: ‘In relation to this man – he has spoken the truth. Therefore, stand until Allah pronounces judgment in this matter.’ I therefore stood, a group of men from the tribe of Bani Salimah became disorderly and started following me. They addressed me: ‘By Allah – we have not known you to commit a misdeed. Verily you erred in not excusing yourself before the Messenger of Allah sallallahu ‘alayhi wa sallam in a similar manner to the other absentees who excused themselves. The Messenger of Allah’s sallallahu ‘alayhi wa sallam action of seeking forgiveness for your misdeed would have been sufficient for you.’ They continued to reprimand me until I desired to return to the Prophet sallallahu ‘alayhi wa sallam and fabricate a lie against myself (contradict my story).

“However I questioned them, ‘Is there any other individual in a similar position?’ They responded, ‘Yes, there are two men who uttered the same statement as you and both received the same directive as you did. ‘I asked: ‘Who are these two men?’ They answered: ‘Murarah ibn al-Rabi’ and Hilal ibn Umayyah al-Waqifi.’

“By their statement, they had made reference to two virtuous men who had participated in the Battle of Badr, and were examples to be followed. After they had mentioned these two men I remained steadfast upon my original statement.

“Thereafter, the Messenger of Allah sallallahu ‘alayhi wa sallam prohibited the Muslims from speaking to us – namely the three individuals from amongst us who had neglected to accompany him.

“As a consequence the people avoided us and altered their conduct towards us, until the land wherein I lived appeared foreign, not one which I was familiar with. We remained in that state for a period of fifty nights. In relation to my companions – they surrendered themselves to their houses and remained seated therein, weeping. However, I was the youngest and most forbearing of the three, I would therefore exit the house in order to perform the prayer with the other Muslims.

“I would wander around the markets, yet no one would speak to me. I would approach the Messenger of Allah sallallahu ‘alayhi wa sallam and convey the greeting upon him whilst he was sitting amidst his gatherings, which took place upon completion of the prayer. I would question myself: Did his lips move in the act of reciprocating the greeting upon me or not? Thereafter, I would perform the prayer close by him, and look towards him in a surreptitious manner. When I occupied myself with the prayer, he would turn towards me. However, when I looked in his direction, he would avoid me. When this period of estrangement lengthened, I set out to walk until I climbed upon the wall of Abu Qatadah’s garden. He was my cousin and amongst the most beloved of people to me. I conveyed the greeting upon him, and by Allah – he did not reciprocate the greeting upon me. Hence, I said: ‘O Abu Qatadah: I implore you by Allah, are you aware that I love Allah and His Messenger?’ He remained silent. I appealed to him by Allah a second time, however he remained silent. Then he responded: ‘Allah and His Messenger sallallahu ‘alayhi wa sallam are greater in knowledge.’ Thereupon tears flowed from my eyes, I turned away and climbed over the wall.”

He continued:

“Whilst I was walking in the market in Madinah I saw a Christian farmer from amongst the farmers of Sham, who had traveled to Madinah in order to sell their produce. He said: ‘Who shall direct me to towards Ka’ab bin Malik?’ The people started to gesture towards me, until he approached me and presented me with a letter from the King of Ghassan, in which it was written:

‘To proceed, it has come to our attention that your companion has dealt with you in a harsh manner. Allah has not rendered this world for you as a dwelling of disgrace and degradation, nor one of loss and ruin. So join us and we shall bestow upon you comfort and consolation.’

“Upon reading the letter I said to myself: This too is a trial placed before me. I therefore placed the letter in the oven and created a fire by burning it therein.

“When a period of forty out of fifty nights had passed, the messenger of the Messenger of Allah sallallahu ‘alayhi wa sallamapproached me and said: ‘The Messenger of Allah sallallahu ‘alayhi wa sallam commands you to distance yourself from your wife.’ I said: ‘Should I divorce her, or what must I do?’ He responded: ‘No, distance yourself from her and do not approach her. The Prophetsallallahu ‘alayhi wa sallam has issued a similar directive to your two companions.’ Hence, I said to my wife:

‘Go to your parents and remain with them until Allah passes judgment in this matter.’ “

Ka’ab said:

“The wife of Hilal ibn Umayyah came to the Apostle of Allah sallallahu ‘alayhi wa sallam and said: ‘O Messenger of Allah, verily Hilal bin Umayyah is an elderly man who is incapable of taking care of himself. Furthermore, he is not in possession of a servant, would you therefore object if I was to serve him?’ He responded: ‘No, but he must not approach you.’ She said: ‘By Allah, he has no desire for any matter. By Allah, he has not ceased to weep from the day this matter started until this time now.’ Some of my family members questioned me: ‘Why don’t you seek permission from the Messenger of Allah sallallahu ‘alayhi wa sallam concerning your wife, as he has granted permission for the wife of Hilal bin Umayyah to serve him?’ I responded: ‘By Allah, I shall not seek permission from the Messenger of Allah sallallahu ‘alayhi wa sallam concerning her. I am not aware of what the Messenger of Allah sallallahu ‘alayhi wa sallam would say if I sought his permission in relation to her whilst I am still a young man.’ I remained in that state for an additional ten nights, until fifty nights had been completed from the point that he had prohibited the people from speaking to us.

“On the morning of the fiftieth night, I performed the Fajr prayer upon the roof of one of our houses. I was experiencing a condition which Allah had mentioned in the Book:

‘My soul had become contracted, and the earth had contracted upon me despite its vastness.’

“Suddenly I heard a clear voice emanating from the direction of Mount Safa. Somebody announced with his loudest voice: ‘O Ka’ab bin Malik, I confer upon you glad tidings!’ I prostrated myself upon the ground. I realized that relief from this tribulation had arrived and that the Messenger of Allah sallallahu ‘alayhi wa sallam had indicated that Allah had granted us penitence. After the Fajr prayer, the people thereupon proceeded forth to congratulate us, and bearers of glad tidings departed to my two companions. A horseman raced towards me in order to congratulate me and a messenger from the tribe of Aslam raced towards the mountain and scaled it in order to make the announcement. I heard his voice before that of the horseman. When the individual whose voice I had heard approached me to convey the glad tidings, I removed my garments and clothed him in them. By Allah, on that day I was not in possession of any other garments, I therefore borrowed two items, clothed myself and proceeded towards the Messenger of Allahsallallahu ‘alayhi wa sallam. People started receiving me in groups, congratulating me upon the acceptance of my penitence. They said: ‘We congratulate you upon Allah’s acceptance of your repentance.’ When I entered the Mosque, the Messenger of Allahsallallahu ‘alayhi wa sallam was sitting, surrounded by people. Talhah ibn ‘Ubaydullah hastened towards me. He shook my hand, and congratulated me. By Allah, no one from amongst the Muhajirin (Emigrants) stood in order to greet me save him, and I shall never forget Talhah’s action in doing so.

“When I greeted the Messenger of Allah sallallahu ‘alayhi wa sallam, his face was radiant with happiness, and he said: ‘I give you the glad tidings of the best day you have witnessed since your mother gave birth to you.’ I asked, ipation in that invasion amounted to a degree of hypocri’Is this from you or from Allah?’ He responded, ‘It is from Allah.’

“Whenever the Messenger of Allah sallallahu ‘alayhi wa sallam became delighted, his face became illuminated until it resembled a piece of the moon. We recognized that this matter was characteristic of him. When I sat before him, I said: ‘O Messenger of Allah, by virtue of the acceptance of my repentance, I shall donate the sum total of my wealth in charity for the sake of Allah and His Messenger.’ The Messenger of Allah sallallahu ‘alayhi wa sallam responded: ‘Retain a portion of your wealth, for it is better for you to do so.’ I said: ‘I shall retain a portion of my wealth in Khaybar. O Messenger of Allah, verily Allah has delivered me from this tribulation because I spoke the truth. My penitence therefore dictates that I shall speak only the truth as long as I live.’

“By Allah, I am not aware of any individual from amongst the Muslims whom Allah has blessed for speaking the truth more than myself, from the time wherein I mentioned those words of truth to the Messenger of Allah sallallahu ‘alayhi wa sallam. In addition, I have never intended to utter a falsehood from the time wherein I mentioned those words of truth to the Messenger of Allahsallallahu ‘alayhi wa sallam to the present day. Furthermore, I hope that Allah will protect me from uttering falsehood during the remaining portion of my life. Allah revealed the Verse to His Messenger:

“Allah has forgiven the Prophet, the Muhajirin, and the Ansar … be with those who are truthful … “ [Al-Qur’an 9:117-119]

“By Allah, after guiding me to Islam, Allah has not bestowed upon me a favour – greater in magnitude – than my statement of truth to the Apostle of Allah sallallahu ‘alayhi wa sallam, and my action of not uttering a lie to him. For I would have destroyed myself, as those who uttered lies were destroyed. Allah ascribed to those who had uttered falsehood, a description more evil than he had ascribed to any other individual, when He revealed His Revelation. Allah, Blessed be He, the Most High stated:

‘They will swear by Allah to you when you return to them, that you may turn away from them. So turn away from them. Surely, they are impure, and Hell is their dwelling place – a recompense for that which they used to earn. They (the hypocrites) swear to you (Muslims) that you may be pleased with them, but if you are pleased with them, certainly Allah is not pleased with people who are rebellious.’ [Al-Qur’an 9:95-96]

z11

Ka’ab continued:

“We, the three who neglected to participate, differed from those whose excuses were accepted by the Messenger of Allah sallallahu ‘alayhi wa sallam when they swore to him to that effect. He accepted their pledge of allegiance and sought forgiveness for them. However, the Messenger of Allah sallallahu ‘alayhi wa sallam deferred our case until Allah passed judgment in relation to it. With reference to that, Allah said: ‘He also forgave the three who remained behind … ‘ [Qur’an 9:118]

“In this Verse Allah did not refer to our non-participation in the military expedition. However it refers to the postponement and deferment of the Messenger sallallahu ‘alayhi wa sallam in the act of passing judgment. In contrast to the one who took an oath before him and excused himself: an action which was accepted by the Messenger of Allah sallallahu ‘alayhi wa sallam.”

In a different narration: The Prophet sallallahu ‘alayhi wa sallam departed for the Battle of Tabuk on Thursday, he would love to set out on a Thursday. In a further narration: He would not return from a journey save during the day time before noon. Upon arrival, he would proceed towards the Mosque and perform a two rak’ah prayer. Thereafter, he would sit.” [Collected: Bukhari (4418), Kitab al-Maghazi, and Muslim (2769), Kitab at-Tawbah]

“Warn Your Nearest Kinsmen” (Hadith No. 2409)

Bismillah.

Ahadith 2404 – 2408 (below) are repeats. See linked text for related posts.

Volume 4, Book 51, Number 11 :
Narrated by Abu Huraira (radiallaahu `anhu)
A man asked the Prophet (sallallaahu `alayhi wasallam), “O Allah’s Apostle! What kind of charity is the best?” He replied. “To give in charity when you are healthy and greedy hoping to be wealthy and afraid of becoming poor. Don’t delay giving in charity till the time when you are on the death bed when you say, ‘Give so much to so-and-so and so much to so-and so,’ and at that time the property is not yours but it belongs to so-and-so (i.e. your inheritors).”

Volume 4, Book 51, Number 12 :
Narrated by Abu Huraira (radiallaahu `anhu)
A man asked the Prophet (sallallaahu `alayhi wasallam), “O Allah’s Apostle! What kind of charity is the best?” He replied. “To give in charity when you are healthy and greedy hoping to be wealthy and afraid of becoming poor. Don’t delay giving in charity till the time when you are on the death bed when you say, ‘Give so much to so-and-so and so much to so-and so,’ and at that time the property is not yours but it belongs to so-and-so (i.e. your inheritors).”

Volume 4, Book 51, Number 13 :
Narrated by ‘Urwa bin Az-Zubair
Hakim bin Hizam (radiallaahu `anhu) said, “I asked Allah’s Apostle (sallallaahu `alayhi wasallam) for something, and he gave me, and I asked him again and he gave me and said, ‘O Hakim! This wealth is green and sweet (i.e. as tempting as fruits), and whoever takes it without greed then he is blessed in it, and whoever takes it with greediness, he is not blessed in it and he is like one who eats and never gets satisfied. The upper (i.e. giving) hand is better than the lower (i.e. taking) hand.” Hakim added, “I said, O Allah’s Apostle! By Him Who has sent you with the Truth I will never demand anything from anybody after you till I die.” Afterwards Abu Bakr (radiallaahu `anhu) used to call Hakim to give him something but he refused to accept anything from him. Then ‘Umar (radiallaahu `anhu) called him to give him (something) but he refused. Then ‘Umar (radiallaahu `anhu) said, “O Muslims! I offered to him (i.e. Hakim) his share which Allah has ordained for him from this booty and he refuses to take it.” Thus Hakim (radiallaahu `anhu) did not ask anybody for anything after the Prophet (sallallaahu `alayhi wasallam), till he died–may Allah bestow His mercy upon him.

Volume 4, Book 51, Number 14 :
Narrated by Ibn Umar (radiallaahu `anhu)
I heard Allah’s Apostle (sallallaahu `alayhi wasallam) saying, “All of you are guardians and responsible for your charges: the Ruler (i.e. Imam) is a guardian and responsible for his subjects; and a man is a guardian of his family and is responsible for his charges; and a lady is a guardian in the house of her husband and is responsible for her charge; and a servant is a guardian of the property of his master and is responsible for his charge.” I think he also said, “And a man is a guardian of the property of his father.”

Volume 4, Book 51, Number 15 :
Narrated by Anas (radiallaahu `anhu)
The Prophet (sallallaahu `alayhi wasallam) said to Abu Talha (radiallaahu `anhu), “I recommend that you divide (this garden) amongst your relatives.” Abu Talha (radiallaahu `anhu) said, “O Allah’s Apostle! I will do the same.” So Abu Talha (radiallaahu `anhu) divided it among his relatives and cousins.
Ibn ‘Abbas (radiallaahu `anhu) said, “When the Qur’anic Verse: “Warn your nearest kinsmen.” (26.214) was revealed, the Prophet (sallallaahu `alayhi wasallam) started calling the various big families of Quraish, “O Bani Fihr! O Bani Adi!”. Abu Huraira said, “When the Verse: “Warn your nearest kinsmen” was revealed, the Prophet said (in a loud voice), “O people of Quraish!”

Today’s Hadith:

Volume 4, Book 51, Number 16 :
Narrated by Abu Huraira (radiallaahu `anhu)
When Allah revealed the Verse: “Warn your nearest kinsmen,” Allah’s Apostle (sallallaahu `alayhi wasallam) got up and said, “O people of Quraish (or said similar words)! Buy (i.e. save) yourselves (from the Hellfire) as I cannot save you from Allah’s Punishment; O Bani Abd Manaf! I cannot save you from Allah’s Punishment, O Safiya, the Aunt of Allah’s Apostle! I cannot save you from Allah’s Punishment; O Fatima bint Muhammad! Ask me anything from my wealth, but I cannot save you from Allah’s Punishment.”

This hadith and the latter part of the previous one have been included in this chapter to provide evidence for the fact that “nearest kinsmen” do include female relatives when it comes to wills and endowments, because the Prophet (sallallaahu `alayhi wasallam) mentioned his aunt Safiyyah and his daughter Fatimah specifically. When he asked Abu Talha to divide his garden among his relatives, he used the word (الأَقْرَبِينَ) and the same word is used in the ayah quoted above (26:214). Thus Imam Bukhari brings evidence from the Quran to prove a point in Hadith.

Inheritance Shares (Hadith No. 2403)

Bismillah.

Ahadith 2398 – 2402 (below) are repeats. See linked text for related posts.

Volume 4, Book 51, Number 5 :
Narrated by Sad bin Abu Waqqas (radiallaahu `anhu)
The Prophet (sallallaahu `alayhi wasallam) came visiting me while I was (sick) in Mecca, (‘Amir the sub-narrator said, and he disliked to die in the land, whence he had already migrated). He (i.e. the Prophet) said, “May Allah bestow His Mercy on Ibn Afra (Sad bin Khaula).” I said, “O Allah’s Apostle! May I will all my property (in charity)?” He said, “No.” I said, “Then may I will half of it?” He said, “No”. I said, “One third?” He said: “Yes, one third, yet even one third is too much. It is better for you to leave your inheritors wealthy than to leave them poor begging others, and whatever you spend for Allah’s sake will be considered as a charitable deed even the handful of food you put in your wife’s mouth. Allah may lengthen your age so that some people may benefit by you, and some others be harmed by you.” At that time Sad had only one daughter.

Volume 4, Book 51, Number 6 :
Narrated by Ibn ‘Abbas (radiallaahu `anhu)
I recommend that people reduce the proportion of what they bequeath by will to the fourth (of the whole legacy), for Allah’s Apostle (sallallaahu `alayhi wasallam) said, “One-third, yet even one third is too much.

Volume 4, Book 51, Number 7 :
Narrated by Sad (radiallaahu `anhu)
I fell sick and the Prophet (sallallaahu `alayhi wasallam) paid me a visit. I said to him, “O Allah’s Apostle! I invoke Allah that He may not let me expire in the land whence I migrated (i.e. Mecca).” He said, “May Allah give you health and let the people benefit by you.” I said, “I want to will my property, and I have only one daughter and I want to will half of my property (to be given in charity).” He said,” Half is too much.” I said, “Then I will one third.” He said, “One-third, yet even one-third is too much.” (The narrator added, “So the people started to will one third of their property and that was permitted for them.”)

Volume 4, Book 51, Number 8 :
Narrated by ‘Aisha (radiallaahu `anhaa) (the wife of the Prophet)
Utba bin Abi Waqqas entrusted (his son) to his brother Sad bin Abi Waqqas (radiallaahu `anhu) saying, “The son of the slave-girl of Zam’a is my (illegal) son, take him into your custody.” So during the year of the Conquest (of Mecca) Sad (radiallaahu `anhu) took the boy and said, “This is my brother’s son whom my brother entrusted to me.” ‘Abu bin Zam’a got up and said, “He is my brother and the son of the slave girl of my father and was born on my father’s bed.” Then both of them came to Allah’s Apostle (sallallaahu `alayhi wasallam) and Sad (radiallaahu `anhu) said, “O Allah’s Apostle! This is my brother’s son whom my brother entrusted to me.” Then ‘Abu bin Zam’a got up and said, “This is my brother and the son of the slave-girl of my father.” Allah’s Apostle (sallallaahu `alayhi wasallam) said, “O Abu bin Zam’a! This boy is for you as the boy belongs to the bed (where he was born), and for the adulterer is the stone (i.e. deprivation).” Then the Prophet (sallallaahu `alayhi wasallam) said to his wife Sauda bint Zam’a, “Screen yourself from this boy,” when he saw the boy’s resemblance to ‘Utba. Since then the boy did not see Sauda till he died.

Volume 4, Book 51, Number 9 :
Narrated by Anas (radiallaahu `anhu)
A Jew crushed the head of a girl between two stones. She was asked, “Who has done so to you, so-and-so? So-and-so?” Till the name of the Jew was mentioned, whereupon she nodded (in agreement). So the Jew was brought and was questioned till he confessed. The Prophet (sallallaahu `alayhi wasallam) then ordered that his head be crushed with stones.

Today’s Hadith:

Volume 4, Book 51, Number 10 :
Narrated by Ibn ‘Abbas (radiallaahu `anhu)
The custom (in old days) was that the property of the deceased would be inherited by his offspring; as for the parents (of the deceased), they would inherit by the will of the deceased. Then Allah cancelled from that custom whatever He wished and fixed for the male double the amount inherited by the female, and for each parent a sixth (of the whole legacy) and for the wife an eighth or a fourth and for the husband a half or a fourth.

InshaAllah we’ll learn about inheritance and shares in detail once we reach Kitaab-ul-Faraa’id, but for now, here are some resources to look into for general/advanced knowledge (depending on how deep you look):

Outline of inheritance shares (with evidences)

Video lectures on Fiqh of Islamic Inheritance

Inheritance calculator (cool stuff)

Did Prophet (sallallaahu `alayhi wasallam) Make a Will? (Ahadith 2395 – 2397)

Bismillah.

Volume 4, Book 51, Number 2 :
Narrated by Amr bin Al-Harith (radiallaahu `anhu) (the brother of the wife of Allah’s Apostle, Juwaira bint Al-Harith)
When Allah’s Apostle (sallallaahu `alayhi wasallam) died, he did not leave any Dirham or Dinar (i.e. money), a slave or a slave woman or anything else except his white mule, his arms and a piece of land which he had given in charity.

Volume 4, Book 51, Number 3 :
Narrated by Talha bin Musarrif
I asked ‘Abdullah bin Abu Aufa (radiallaahu `anhu), “Did the Prophet (sallallaahu `alayhi wasallam) make a will?” He replied, “No,” I asked him, “How is it then that the making of a will has been enjoined on people, (or that they are ordered to make a will)?” He replied, “The Prophet (sallallaahu `alayhi wasallam) bequeathed Allah’s Book (i.e. Quran).”

Volume 4, Book 51, Number 4 :
Narrated by Al-Aswad
In the presence of ‘Aisha (radiallaahu `anhaa) some people mentioned that the Prophet (sallallaahu `alayhi wasallam) had appointed ‘Ali (radiallaahu `anhu) by will as his successor. ‘Aisha (radiallaahu `anhaa) said, “When did he appoint him by will? Verily when he died he was resting against my chest (or said: in my lap) and he asked for a wash-basin and then collapsed while in that state, and I could not even perceive that he had died, so when did he appoint him by will?”

The determining of the Prophet’s debt and fulfillment of his promises

During the time approaching his demise, the Prophet came to the mosque, and asked the people whether there was anyone who had anything owed to them from the Prophet. Following the Prophet’s insistence in asking this question, someone stood up and claimed that they were owed 3 dirham. This was paid immediately to him. Again, during this time, the Prophet asked his wife Aisha about what happened to the 7 dirham (in some hadith 6 dirham, in others 9 dirham) that he left in her care. Upon this, she immediately got the money and handed it over to the Prophet. The Prophet then distributed 5 dirham to 5 needy families from the Helpers (Ansar) and gave the remainder of the money to his wives to spend.

Even though the Prophet paid all of his debts before he died, Abu Bakr, who took the leadership of Muslims after him, saw himself as responsible for paying the debts and fulfilling all the pledges of the Prophet. The pledges of the Prophet were no different (in the importance that he gave to them) to his debts. The Prophet’s Companion Jabir explains one of the Pledges that the Prophet made to him as follows:

The Prophet said to me, “I will give you so much (the Prophet pointed thrice with his hands) when funds of Bahrain will come to me.” But the Prophet died before the money reached him. (When it came) Abu Bakr ordered an announcer to announce that whoever had a money claim on the Prophet or was promised to be given something, should come to Abu Bakr. I went to Abu Bakr and told him that the Prophet had promised to give me so much. On that Abu Bakr gave me three handfuls (of money). [Bukhari, “Gifts,” 17.]

Gold Coins --- Image by © Duncan Smith/Corbis

Properties left by the Prophet and their distribution

It was not difficult to divide the property of the Prophet because he did not have so much in assets. When he passed away, nothing more than some blocks of land and the house in which he resided, in terms of assets, existed.

Based on the information given by Ibn Sa’d, it was not known what happened to the flocks of camel and sheep known to belong to the Prophet. Ibn Sa’d names the slaves and concubines belonging to the Prophet – either donated or gained through war – and narrates that they were all manumitted prior to his illness.

As for the way in which the Prophet’s inheritance was managed, his livestock and some of his personal belongings were bequeathed to Ali’s family. His mantle, sword and ring remained state property.

Following the Prophet’s demise, his heirs – first and foremost his daughter Fatima – appealed to Abu Bakr to divide his belongings and land. They were reminded of God’s Messenger saying to them, “Our (Apostles’) property should not be inherited, and whatever we leave, is to be spent in charity.” Accordingly, all the land belonging to him was given to the State. Fatima, evidently unaware of such a command, insisted on receiving her share of the land in the areas of Khaybar, Fadak, and Banu Nadir.

Another saying of the Prophet regarding his inheritance is as follows, as narrated by Abu Huraira:

God’s Messenger said, “Not even a single Dinar of my property should be distributed (after my death to my inheritors, but whatever I leave excluding the provision for my wives and my servants, should be spent in charity.” [Bukhari, “Laws of Inheritance,” 33; “Jihad,” 202.]

As such, the Prophet’s wives would be entitled to receive the allowance he determined for them during his life, for the rest of their lives. Intended by his ‘servants’ is without doubt those looking after his property and managing its income and the employees and workers working on his lands which were not given to others to manage.

As for the rooms in which the Prophet’s wives resided, he bequeathed these to them. They were to live in these rooms and once his wives passed away, the rooms, like the Prophet’s land, were to be included among his charity.

In this way the Prophet, who had prohibited the appropriation of all kinds of income obtained from the Muslims to both himself and his relatives, left behind the property either donated to him or acquired as war spoils to the State, as charity for the Muslim community. In so doing, the Prophet used his spiritual and material authority not in the way of hoarding wealth for himself and his family, but purely and solely for the purpose of bringing all Muslims a happiness which encompassed their lives in both this world and the next.

The inheritance of the rights owned by the Prophet

The Prophet Muhammad has many attributes, the chief of which are undoubtedly his being a Prophet of God and Head of State. The Last Prophet would, for all eternity, have no heir in Prophethood. In this respect, the handing down and bequest of the rights he had by virtue of his being a Prophet of God is inconceivable. After him, only those who the people elected and pledged allegiance to would assume the position of Head of State. With respect to the rights he had that were associated with his role as Head of State, these would be transferred to Heads of State succeeding him. At this point, we will not discuss all these rights, but make mention of only those pertaining to economics, from the perspective of the legal Schools of Thought.

The Hanafis – on the basis of the practices of the Rightly Guided Caliphs (the four Caliphs succeeding the Prophet) – claim that the share belonging to the Prophet and his relatives are null and void with his demise. In their view, the Prophet Muhammad held these rights not by virtue of his being Head of State, but by virtue of his being a Prophet. As for Imam Shafii, he is of the opinion that the share belonging to the Prophet is transferred to the Caliphs who would succeed him as Head of State after his demise. According to him, just as the Prophet had particular expenses in the way of giving gifts to visiting delegations and ambassadors, the caliphs too, had the same need. As far as Shafii is concerned, Heads of State have an adequate share in this right because, like the Prophet, they dedicate themselves to the service of society. In actual fact, Shafii is of the view that the share falling to the Prophet from spoils of war and booty is transferred to the caliphs, not as personal assets or rights, but purely for use in the way of public good. We glean this from and clearly see this in both his own work and that of Mawardi.

However, as can be understood from Kasani (d. 587), Shafii is of the view that the Head of state also can personally benefit from these rights. Like Shafii, there are others scholars who confer this right, to be used for the benefit of society, to the Head of State. The Hanbalis hold the view that the share belonging to the Prophet can be used for public good and the benefit of society, public service as well as investment.

Taken from LastProphet.info

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