Volume 3, Book 38, Number 509 :
Narrated by ‘Uqba bin Al-Harith (radiallaahu `anhu)
When An-Nuaman or his son was brought in a state of drunkenness, Allah’s Apostle (sallallaahu `alayhi wasallam) ordered all those who were present in the house to beat him. I was one of those who beat him. We beat him with shoes and palm-leaf stalks.
Allaah says (interpretation of the meaning):
“O you who believe! Intoxicants (all kinds of alcoholic drinks), and gambling, and Al-Ansaab, and Al-Azlaam (arrows for seeking luck or decision) are an abomination of Shaytaan’s (Satan’s) handiwork. So avoid (strictly all) that (abomination) in order that you may be successful”
In Saheeh al-Bukhaari (2295) and Saheeh Muslim (86) it is narrated that Abu Hurayrah (may Allaah be pleased with him) said: the Prophet (peace and blessings of Allaah be upon him) said: “No one who commits zina is a believer at the moment when he is committing zina, and no one who drinks wine is a believer at the moment when he is drinking it, and no thief is a believer at the moment when he is stealing, and no robber is a believer at the moment when he is robbing and the people are looking on.” This means that such a person is not a believer in the sense of having complete faith, rather his faith is greatly lacking because of this evil action.
It is also narrated in al-Bukhaari (5147) and Muslim (3736) from ‘Abd-Allaah ibn ‘Umar (may Allaah be pleased with them both) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Whoever drinks wine in this world and does not repent from that, he will be deprived of it in the Hereafter.”
In Sunan Abi Dawood (3189) it is narrated that Ibn ‘Umar (may Allaah be pleased with them both) said: the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Allaah has cursed alcohol, the one who drinks it, the one who pours it, the one who sells it, the one who buys it, the one who squeezes it (squeezes the grapes, etc), the one for whom it is squeezed, the one who carries it and the one to whom it is carried.” (Classed as saheeh by al-Albaani in Saheeh Abi Dawood, 2/700)
In Sunan al-Nasaa’i (5570) it is narrated that Ibn al-Daylami said to ‘Abd-Allaah ibn ‘Amr, “O ‘Abd-Allaah ibn ‘Amr, did you hear the Messenger of Allaah (peace and blessings of Allaah be upon him) say anything about wine?” He said, “Yes, I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say, ‘If any man from among my ummah drinks wine, Allaah will not accept his prayers for forty days.’” This was classed as saheeh by al-Albaani in al-Silsilat al-Saheehah (709). What this means is that he will not be rewarded for them, but he is still obliged to pray; in fact he is obliged to do all the prayers. If he forsakes prayer during this time, he will be committing one of the worst of major sins, one which some of the scholars said amounts to kufr, Allaah forbid.
There are very many ahaadeeth and reports which state that alcohol is emphatically forbidden and that it is the mother of all evils; whoever falls into this sin, it will lead him into other evil actions. We ask Allaah to keep us safe and sound.
With regard to the punishment of the drinker in this world, the punishment is flogging, according to the consensus of the fuqaha’, because of the report narrated by Muslim (3281) from Anas (may Allaah be pleased with him), who said that the Prophet (peace and blessings of Allaah be upon him) flogged the one who had drunk wine with palm branches stripped of their leaves and with shoes.
But there is some difference of opinion as to the number of lashes. The majority of scholars are of the view that it is eighty lashes for a free man and forty for others.
They quoted as evidence the hadeeth of Anas quoted above, in which it says that a man who had drunk wine was brought to the Prophet (peace and blessings of Allaah be upon him), and he had him flogged forty times with two palm branches that had been stripped of their leaves. Abu Bakr also did likewise (during his caliphate). When ‘Umar was the caliph, he consulted the people and ‘Abd al-Rahmaan said, “The minimum punishment is eighty,” so that is what ‘Umar commanded.
The Sahaabah agreed with ‘Umar (may Allaah be pleased with him) and did not differ. The Council of Senior Scholars is agreed that the punishment for one who drinks wine is the hadd punishment, which is eighty lashes.
Some of the scholars – such as Ibn Quddamah (may Allaah have mercy on him) and Shaykh al-Islam [Ibn Taymiyah] in al-Ikhtiyaaraat – think that giving more than forty lashes is left to the discretion of the Muslim leader. So if he thinks that there is a need to give more than forty lashes, as happened at the time of ‘Umar, then he may make it eighty. And Allaah knows best.”
(See Tawdeeh al-Ahkaam, 5/330)
Volume 3, Book 38, Number 508 :
Narrated by Zaid bin Khalid and Abu Huraira (radiallaahu `anhu)
The Prophet (sallallaahu `alayhi wasallam) said, “O Unais! Go to the wife of this (man) and if she confesses (that she has committed illegal sexual intercourse), then stone her to death.”
In Muslim (1698), there’s an addition to this narration:
“..He said: I went to her the next day and she admitted it, so the Messenger of Allaah (peace and blessings of Allaah be upon him) ordered that she be stoned.”
The evidences to charge one with guilt are only three according to Islamic Shariah. They are testimony of witnesses, confession, and taking an oath.
A judge of Islamic Shariah is not allowed to carry out the legal punishment (Hudood) without having the legal evidence to prove guilt of the accused.
However, it is liable for a judge in an Islamic court to punish a person just to discourage further criminal behavior when there are indications of his criminality, if it is useful.
Who should carry out the hadd punishment for zinaa (adultery)? Read on it here.
Hadith no. 2003 (below) talks about Riba al-Fadl.
Volume 3, Book 38, Number 506 :
Narrated by Abu Said al-Khudri (radiallaahu `anhu)
Once Bilal (radiallaahu `anhu) brought Barni (i.e. a kind of dates) to the Prophet (sallallaahu `alayhi wasallam) and the Prophet (sallallaahu `alayhi wasallam) asked him, “From where have you brought these?” Bilal (radiallaahu `anhu) replied, “I had some inferior type of dates and exchanged two Sa’s of it for one Sa’ of Barni dates in order to give it to the Prophet (sallallaahu `alayhi wasallam); to eat.” Thereupon the Prophet (sallallaahu `alayhi wasallam) said, “Beware! Beware! This is definitely Riba (usury)! This is definitely Riba (Usury)! Don’t do so, but if you want to buy (a superior kind of dates) sell the inferior dates for money and then buy the superior kind of dates with that money.”
Volume 3, Book 38, Number 507 :
Narrated by ‘Amr (radiallaahu `anhu)
Concerning the Waqf of ‘Umar (radiallaahu `anhu): It was not sinful of the trustee (of the Waqf) to eat or provide his friends from it, provided the trustee had no intention of collecting fortune (for himself). Ibn ‘Umar (radiallaahu `anhu) was the manager of the trust of ‘Umar and he used to give presents from it to those with whom he used to stay at Mecca.
Waqf means putting aside the original property and donating its benefits for the sake of Allaah. What is meant by the original property is something from which benefit may be derived whilst its essence remains, such as houses, shops, gardens, etc. What is meant by benefits is beneficial produce that comes from the original property, such as crops, rents, provision of shelter, etc.
The ruling concerning waqfs is that the waqf is an act of worship which is recommended in Islam (mustahabb). The evidence for that is the saheeh Sunnah. In al-Saheehayn it is narrated that ‘Umar (may Allaah be pleased with him) said: “O Messenger of Allaah, I have got wealth from Khaybar and I have nothing that is more precious to me than that. What do you command me to do with it?” He said, “If you wish, you can put it aside and give in charity from it (from what it produces), but the original property should not be sold, given away or inherited.” So ‘Umar gave it in charity to the poor and to relatives, used it to set slaves free, gave it for the sake of Allaah, helped wayfarers and honoured his guests. Muslim narrated in his Saheeh that the Prophet (peace and blessings of Allaah be upon him) said: “When the son of Adam dies, all his good deeds come to an end except three: ongoing charity, knowledge from which others may benefit after he is gone, and a righteous son who will pray for him.” Jaabir said: “There was no one among the Companions of the Messenger of Allaah (peace and blessings of Allaah be upon him) who had the means, but he set up a waqf.”
Among the rulings on waqfs is that it is obligatory to act in accordance with the wishes of the one who set up the waqf, so long as it does not go against sharee’ah, because the Prophet (peace and blessings of Allaah be upon him) said: “The Muslims are bound by their conditions, except for conditions which make haraam things permissible or halaal things forbidden.” And because ‘Umar (may Allaah be pleased with him) set up a waqf and stipulated certain conditions, and if it had not been obligatory to adhere to the conditions there would have been no point in stipulating them. So if (the person setting up the waqf) stipulates a certain amount, or that some deserving people should be given precedence over others, or that those who are to benefit should have certain qualities or be free of certain qualities, etc., then it should be done in accordance with his conditions, so long as that does not go against the Qur’aan or Sunnah.
If he does not stipulate any conditions, then rich and poor, male and female, should be treated equally when given the benefits of the waqf.
If he does not designate a specific person to be in charge of the waqf, or if he designates a specific person then that person dies, then the one to look after the waqf should be the one for whom it was set up. If the waqf was not set up to benefit a particular person, such as a waqf set up for a mosque a mosque, or for people who cannot be counted, such as the poor and needy, then the ruler should take care of the waqf, either in person or by delegating someone else to do it.
The person who takes care of the waqf has to fear Allaah and do a good job in taking care of the waqf, because that is something that has been entrusted to him (amaanah).
More on the rulings related to Waqf here.
Volume 3, Book 38, Number 505 :
Narrated by Abu Huraira (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) deputed me to keep Sadaqat (al-Fitr) of Ramadan. A comer came and started taking handfuls of the foodstuff (of the Sadaqa) (stealthily). I took hold of him and said, “By Allah, I will take you to Allah’s Apostle (sallallaahu `alayhi wasallam).” He said, “I am needy and have many dependents, and I am in great need.” I released him, and in the morning Allah’s Apostle (sallallaahu `alayhi wasallam) asked me, “What did your prisoner do yesterday?” I said, “O Allah’s Apostle! The person complained of being needy and of having many dependents, so, I pitied him and let him go.” Allah’s Apostle (sallallaahu `alayhi wasallam) said, “Indeed, he told you a lie and he will be coming again.” I believed that he would show up again as Allah’s Apostle (sallallaahu `alayhi wasallam) had told me that he would return. So, I waited for him watchfully. When he (showed up and) started stealing handfuls of foodstuff, I caught hold of him again and said, “I will definitely take you to Allah’s Apostle (sallallaahu `alayhi wasallam). He said, “Leave me, for I am very needy and have many dependents. I promise I will not come back again.” I pitied him and let him go. In the morning Allah’s Apostle (sallallaahu `alayhi wasallam) asked me, “What did your prisoner do.” I replied, “O Allah’s Apostle (sallallaahu `alayhi wasallam)! He complained of his great need and of too many dependents, so I took pity on him and set him free.” Allah’s Apostle said, “Verily, he told you a lie and he will return.” I waited for him attentively for the third time, and when he (came and) started stealing handfuls of the foodstuff, I caught hold of him and said, “I will surely take you to Allah’s Apostle (sallallaahu `alayhi wasallam) as it is the third time you promise not to return, yet you break your promise and come.” He said, “(Forgive me and) I will teach you some words with which Allah will benefit you.” I asked, “What are they?” He replied, “Whenever you go to bed, recite “Ayat-al-Kursi”– ‘Allahu la ilaha illa huwa-l-Haiy-ul Qaiyum’ till you finish the whole verse. (If you do so), Allah will appoint a guard for you who will stay with you and no satan will come near you till morning. ” So, I released him. In the morning, Allah’s Apostle (sallallaahu `alayhi wasallam) asked, “What did your prisoner do yesterday?” I replied, “He claimed that he would teach me some words by which Allah will benefit me, so I let him go.” Allah’s Apostle (sallallaahu `alayhi wasallam) asked, “What are they?” I replied, “He said to me, ‘Whenever you go to bed, recite Ayat-al-Kursi from the beginning to the end —- Allahu la ilaha illa huwa-lHaiy-ul-Qaiyum—-.’ He further said to me, ‘(If you do so), Allah will appoint a guard for you who will stay with you, and no satan will come near you till morning.’ (Abu Huraira (radiallaahu `anhu) or another sub-narrator) added that they (the companions) were very keen to do good deeds. The Prophet (sallallaahu `alayhi wasallam) said, “He really spoke the truth, although he is an absolute liar. Do you know whom you were talking to, these three nights, O Abu Huraira?” Abu Huraira (radiallaahu `anhu) said, “No.” He said, “It was Satan.”
I sometimes wonder what Abu Hurairah’s (radiallaahu `anhu) reaction to this information would’ve been.. Prophet (sallallaahu `alayhi wasallam) telling him he was interacting with Shaytan (Satan) for the past three nights. Would he have been surprised, amused, scared..? Definitely not scared, I presume. Satan was the one scared. So scared he taught him something that would benefit him too much against Satan himself. Now, isn’t that amusing? Lol.
This hadith teaches us many things, some of which I’ll mention here:
- We, the believers, are not “rejectors” of the truth, or khayr (good). We accept it from wherever we get it, even from the worst of people. Because the criterion for something to be good or bad is not based on its carrier/messenger but on the thing itself. If it’s a piece of information, we check its authenticity to decide whether we’re going to accept it or not. As in this case, Abu Hurairah (radiallaahu `anhu) confirms what he had heard with the Prophet (sallallaahu `alayhi wasallam) to make sure what he had been told was right or not. It didn’t matter to him whether the teller was a thief, or worse, Satan himself!
- We are keen to do good deeds and to learn more. Abu Hurairah (radiallaahu `anhu) let the thief go when he offered to teach him something. Isn’t that fair trade?
- We say Ayat ul Kursi before going to sleep so Allah’s appointed guard doesn’t let Satan even come near us, let alone harm us or give us nightmares. It’s for our protection, and we’re smart enough to make a habit out of it.
- We are honest with our jobs. If we’re on night duty, we’re wide awake and alert. And if we’re put in charge of food/money, we do what we can to protect it from being stolen, or worse, stealing it ourselves.
- We believe the Prophet (sallallaahu `alayhi wasallam) and every word he said. He predicted (given knowledge of it by Allah, of course) that the thief would come again, and Abu Hurairah (radiallaahu `anhu) believed it to be true. That made him be even more cautious and alert during his night vigil.
Can you think of some more lessons from this hadith? Do share! Were it not for sharing, we wouldn’t be reading this hadith today. :)
Hadith no. 2000 (below) is a repeat. Read it here.
Volume 3, Book 38, Number 504 :
Narrated by Jabir bin ‘Abdullah (radiallaahu `anhu)
I was accompanying the Prophet (sallallaahu `alayhi wasallam) on a journey and was riding a slow camel that was lagging behind the others. The Prophet (sallallaahu `alayhi wasallam) passed by me and asked, “Who is this?” I replied, “Jabir bin ‘Abdullah.” He asked, “What is the matter, (why are you late)?” I replied, “I am riding a slow camel.” He asked, “Do you have a stick?” I replied in the affirmative. He said, “Give it to me.” When I gave it to him, he beat the camel and rebuked it. Then that camel surpassed the others thenceforth. The Prophet (sallallaahu `alayhi wasallam) said, “Sell it to me.” I replied, “It is (a gift) for you, O Allah’s Apostle (sallallaahu `alayhi wasallam).” He said, “Sell it to me. I have bought it for four Dinars (gold pieces) and you can keep on riding it till Medina.” When we approached Medina, I started going (towards my house). The Prophet (sallallaahu `alayhi wasallam) said, “Where are you going?” I said, “I have married a widow.” He said, “Why have you not married a virgin to fondle with each other?” I said, “My father died and left daughters, so I decided to marry a widow (an experienced woman) (to look after them).” He said, “Well done.” When we reached Medina, Allah’s Apostle (sallallaahu `alayhi wasallam) said, “O Bilal, pay him (the price of the camel) and give him extra money.” Bilal (radiallaahu `anhu) gave me four Dinars and one Qirat extra. (A sub-narrator said): Jabir (radiallaahu `anhu) added, “The extra Qirat of Allah’s Apostle (sallallaahu `alayhi wasallam) never parted from me.” The Qirat was always in Jabir bin ‘Abdullah’s (radiallaahu `anhu) purse.
Volume 3, Book 38, Number 505 :
Narrated by Sahl bin Sad (radiallaahu `anhu)
A woman came to Allah’s Apostle (sallallaahu `alayhi wasallam) and said, “O Allah’s Apostle (sallallaahu `alayhi wasallam)! I want to give up myself to you.” A man said, “Marry her to me.” The Prophet (sallallaahu `alayhi wasallam) said, “We agree to marry her to you with what you know of the Qur’an by heart.”
Read the full version of this hadith, narrated in Al-Bukhari, Volume 7, Book 62, Number 54:
Narrated Sahl bin Sad:
A woman presented herself to the Prophet (for marriage). A man said to him, “O Allah’s Apostle! (If you are not in need of her) marry her to me.” The Prophet said, “What have you got?” The man said, “I have nothing.” The Prophet said (to him), “Go and search for something) even if it were an iron ring.” The man went and returned saying, “No, I have not found anything, not even an iron ring; but this is my (Izar) waist sheet, and half of it is for her.” He had no Rida’ (upper garment). The Prophet said, “What will she do with your waist sheet? If you wear it, she will have nothing over her; and if she wears it, you will have nothing over you.” So the man sat down and when he had sat a long time, he got up (to leave). When the Prophet saw him (leaving), he called him back, or the man was called (for him), and he said to the man, “How much of the Quran do you know (by heart)?” The man replied I know such Sura and such Sura (by heart),” naming the Suras The Prophet said, “I have married her to you for what you know of the Quran.”
With regard to the idea of a Muslim woman offering herself in marriage to a righteous man, that does not contradict the idea of modesty, so long as he is trustworthy with regard to his religious commitment and moral attitude. It was narrated that Thaabit al Banaani said: “I was with Anas ibn Maalik and a daughter of his was with him. He said: ‘A woman came to the Messenger of Allah (p.b.u.h.) and offered herself in marriage to him. She said: ‘O Messenger of Allah, do you want to marry me?’ The daughter of Anas said: ‘How little was her modesty. How shameless, how shameless!’ Anas said: ‘She was better than you; she had a liking for the Prophet (p.b.u.h.) so she offered herself in marriage to him.'” (al-Bukhaari 4828)
Imam al-Bukhaari included this Hadeeth in a chapter which he entitled: “A woman offering herself in marriage to a righteous man.”
Al-Hafiz ibn Hajar said:
“Ibn al-Munayyir said in al-Haashiyah: ‘One of the subtle points of al-Bukhaari’s knowledge is that he from the specific story of the woman who offered herself in marriage to the Prophet (p.b.u.h.) he derived a general principle; he understood that it is permissible for any woman to offer herself in marriage to a righteous man whose righteousness she admires, and if he likes her he may marry her subject to the conditions of marriage being fulfilled.'”
These two Ahaadeeth – the Hadeeth of Sahl and the Hadeeth of Anas, both of which mention the woman who offered herself in marriage to the Prophet (p.b.u.h.) – indicate that it is permissible for a woman to offer herself in marriage to a man, and to let him know that she has a liking for him, and there is nothing wrong with her doing so. And the one to whom a woman offers herself in marriage has the choice of either accepting or refusing, but he does not have to express his refusal outright, rather it is sufficient for him to remain silent. (Fath al-Baari, 9/175)
“The words of Anas to his daughter: ‘She is better than you’ indicate that it is permissible for a woman to offer herself in marriage to a righteous man, and to tell him of her liking for him because of his righteousness and virtue, or because of his knowledge and honor, or for some characteristic of religious commitment, and that there is no shame on her if she does that, rather that is a sign of her virtue. The daughter of Anas (may Allah be pleased with him) looked at the externals and she did not understand this properly until Anas said: ‘She is better than you.’ As for the woman who offers herself in marriage to a man for some worldly purpose, this is something that is abhorrent in the extreme.” (Umdat al-Qaari’ Sharh Saheeh al-Bukhaari, 20/1130)
But it is better for a woman to inform her wali (guardian) of her desire to marry a righteous man who is trustworthy with regard to his religious commitment and his moral attitude, without telling the man bluntly. This may be understood from what one of the two women did, when she said to her father – concerning Moosa (peace be upon him): “And said one of them (the two women): ‘O my father! Hire him! Verily, the best of men for you to hire is the strong, the trustworthy’”
al-Qurtubi said with regard to the words of Allah: ‘I intend to wed one of these two daughters of mine to you, on condition that you serve me for eight years…’ (al-Qasas 28:27):
Here the father offered his daughter in marriage to the man. This is an established custom whereby the righteous man of Madyan offered his daughter in marriage to a righteous man of the Children of Israel, ‘Umar ibn al-Khattaab offered his daughter Hafsah in marriage to Abu Bakr and Uthmaan, and the woman who offered herself in marriage offered herself to the Prophet (p.b.u.h.). So it is good for a man to offer his female relative who is under his care in marriage, and for a woman to offer herself in marriage to a righteous man, following the example of the righteous salaf. Ibn Umar said: “When Hafsah became single (due to her husband’s death), Umar said to Uthmaan: ‘If you wish, I will marry Hafsah Bint Umar to you.'” (al-Bukhaari, 4005, Tafseer al-Qurtubi, 13/271)
But it should be noted that most of what happens nowadays, when a woman likes a particular man, is the result of Haraam causes, such as a careless attitude on her part whereby she talks to him and sits with him. A person who has evil motives may take advantage of such an offer to achieve some of his aims. So we must beware of this and protect our honor from anything that may besmirch it.
And Allah knows best.
Taken from IslamQA