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(Hadith No. 1991)

Bismillah.

Volume 3, Book 37, Number 495 :
Narrated by Abu Huraira (radiallaahu `anhu)
Whenever a dead man in debt was brought to Allah’s Apostle (sallallaahu `alayhi wasallam) he would ask, “Has he left anything to repay his debt?” If he was informed that he had left something to repay his debts, he would offer his funeral prayer, otherwise he would tell the Muslims to offer their friend’s funeral prayer. When Allah made the Prophet (sallallaahu `alayhi wasallam) wealthy through conquests, he said, “I am more rightful than other believers to be the guardian of the believers, so if a Muslim dies while in debt, I am responsible for the repayment of his debt, and whoever leaves wealth (after his death) it will belong to his heirs.”

The first part of this hadith has been covered before. Read it here.

So initially the Prophet (sallallaahu `alayhi wasallam) would refuse to offer the funeral prayer of a person who hadn’t left anything to repay his debt(s) with.. but later on, when the Bayt-ul-Maal was sufficiently stocked, he would have their debts repaid from the state treasury, considering himself the guardian of the believers.

And that’s how it should be. If someone dies in debt leaving behind nothing, the state should repay their debts.

Book of Hiwalah [Debt Transfer] ends here.

The Pledge of Protection Given to Abu Bakr (radiallaahu `anhu) (Hadith No. 1990)

Bismillah.

Volume 3, Book 37, Number 494 :
Narrated by Aisha (radiallaahu `anhaa) (wife of the Prophet)
Since I reached the age when I could remember things, I have seen my parents worshipping according to the right faith of Islam. Not a single day passed but Allah’s Apostle (sallallaahu `alayhi wasallam) visited us both in the morning and in the evening. When the Muslims were persecuted, Abu Bakr (radiallaahu `anhu) set out for Ethiopia as an emigrant. When he reached a place called Bark-al-Ghimad, he met Ibn Ad-Daghna, the chief of the Qara tribe, who asked Abu Bakr (radiallaahu `anhu), “Where are you going?” Abu Bakr (radiallaahu `anhu) said, “My people have turned me out of the country and I would like to tour the world and worship my Lord.” Ibn Ad-Daghna said, “A man like you will not go out, nor will he be turned out as you help the poor earn their living, keep good relation with your Kith and kin, help the disabled (or the dependents), provide guests with food and shelter, and help people during their troubles. I am your protector. So, go back and worship your Lord at your home.” Ibn Ad-Daghna went along with Abu Bakr (radiallaahu `anhu) and took him to the chiefs of Quraish saying to them, “A man like Abu Bakr (radiallaahu `anhu) will not go out, nor will he be turned out. Do you turn out a man who helps the poor earn their living, keeps good relations with Kith and kin, helps the disabled, provides guests with food and shelter, and helps the people during their troubles?” So, Quraish allowed Ibn Ad-Daghna’s guarantee of protection and told Abu- Bakr that he was secure, and said to Ibn Ad-Daghna, “Advise Abu Bakr to worship his Lord in his house and to pray and read what he liked and not to hurt us and not to do these things publicly, for we fear that our sons and women may follow him.” Ibn Ad-Daghna told Abu Bakr (radiallaahu `anhu) of all that, so Abu- Bakr (radiallaahu `anhu) continued worshipping his Lord in his house and did not pray or recite Qur’an aloud except in his house. Later on Abu Bakr (radiallaahu `anhu) had an idea of building a mosque in the court yard of his house. He fulfilled that idea and started praying and reciting Qur’an there publicly. The women and the offspring of the pagans started gathering around him and looking at him astonishingly. Abu Bakr (radiallaahu `anhu) was a softhearted person and could not help weeping while reciting Qur’an. This horrified the pagan chiefs of Quraish. They sent for Ibn Ad-Daghna and when he came, they said, “We have given Abu Bakr protection on condition that he will worship his Lord in his house, but he has transgressed that condition and has built a mosque in the court yard of his house and offered his prayer and recited Qur’an in public. We are afraid lest he mislead our women and offspring. So, go to him and tell him that if he wishes he can worship his Lord in his house only, and if not, then tell him to return your pledge of protection as we do not like to betray you by revoking your pledge, nor can we tolerate Abu Bakr’s public declaration of Islam (his worshipping).” ‘Aisha (radiallaahu `anhaa) added: Ibn Ad-Daghna came to Abu Bakr (radiallaahu `anhu) and said, “You know the conditions on which I gave you protection, so you should either abide by those conditions or revoke my protection, as I do not like to hear the ‘Arabs saying that Ibn Ad-Daghna gave the pledge of protection to a person and his people did not respect it.” Abu Bakr (radiallaahu `anhu) said, “I revoke your pledge of protection and am satisfied with Allah’s protection.” At that time Allah’s Apostle (sallallaahu `alayhi wasallam) was still in Mecca and he said to his companions, “Your place of emigration has been shown to me. I have seen salty land, planted with date-palms and situated between two mountains which are the two Harras.” So, when the Prophet (sallallaahu `alayhi wasallam) told it, some of the companions migrated to Medina, and some of those who had migrated to Ethiopia returned to Medina. When Abu Bakr (radiallaahu `anhu) prepared for emigration, Allah’s Apostle (sallallaahu `alayhi wasallam) said to him, “Wait, for I expect to be permitted to emigrate.” Abu Bakr (radiallaahu `anhu) asked, “May my father be sacrificed for your sake, do you really expect that?” Allah’s Apostle (sallallaahu `alayhi wasallam) replied in the affirmative. So, Abu Bakr (radiallaahu `anhu) postponed his departure in order to accompany Allah’s Apostle (sallallaahu `alayhi wasallam) and fed two camels which he had, with the leaves of Samor trees for four months.

I keep thinking I’ve covered this Hadith before, but the blog search results keep disappointing me. Very well.

Ibn ad-Daghna pledged to protect Abu Bakr (radiallaahu `anhu) and he announced this to the people of Makkah. It was also a kind of guarantee that he gave to the people of Makkah that Abu Bakr (radiallaahu `anhu) won’t be a ‘problem’ anymore. That’s why every time the Quraysh had an issue concerning him, they went to Ibn ad-Daghna to resolve it instead of going directly to him.

And it’s profound how Abu Bakr (radiallaahu `anhu) tells him he’s satisfied with Allah’s protection and doesn’t need his. Only a man of faith and trust can say these words when surrounded by danger.. that too, from his own people.

Repaying Debt of a Dead Person (Hadith No. 1989)

Bismillah.

Hadith no. 1988 (below) is a repeat. Read it here.

Volume 3, Book 37, Number 492 :
Narrated by Salama bin Al-Akwa (radiallaahu `anhu)
A dead person was brought to the Prophet (sallallaahu `alayhi wasallam) so that he might lead the funeral prayer for him. He asked, “Is he in debt?” When the people replied in the negative, he led the funeral prayer. Another dead person was brought and he asked, “Is he in debt?” They said, “Yes.” He (refused to lead the prayer and) said, “Lead the prayer of your friend.” Abu Qatada (radiallaahu `anhu) said, “O Allah’s Apostle (sallallaahu `alayhi wasallam)! I undertake to pay his debt.” Allah’s Apostle (sallallaahu `alayhi wasallam) then led his funeral prayer.

Today’s Hadith:

Volume 3, Book 37, Number 493 :
Narrated by Jabir bin ‘Abdullah (radiallaahu `anhu)
Once the Prophet (sallallaahu `alayhi wasallam) said (to me), “If the money of Bahrain comes, I will give you a certain amount of it.” The Prophet (sallallaahu `alayhi wasallam) had breathed his last before the money of Bahrain arrived. When the money of Bahrain reached, Abu Bakr (radiallaahu `anhu) announced, “Whoever was promised by the Prophet (sallallaahu `alayhi wasallam) should come to us.” I went to Abu Bakr (radiallaahu `anhu) and said, “The Prophet (sallallaahu `alayhi wasallam) promised me so and so.” Abu Bakr (radiallaahu `anhu) gave me a handful of coins and when I counted them, they were five-hundred in number. Abu Bakr (radiallaahu `anhu) then said, “Take twice the amount you have taken (besides).”

One should hasten to repay debt of another person, especially if they take over the position of the one who died, like Abu Bakr (radiallaahu `anhu) became Khalifah after Prophet (sallallaahu `alayhi wasallam)’s death so now he was in charge of people’s affairs. Whatever Prophet (sallallaahu `alayhi wasallam) promised them, he had to make sure they got it.

The Bond of Brotherhood (Ahadith 1985 – 1987)

Bismillah.

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

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

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

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

Today’s Ahadith:

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

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

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

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

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

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

Ibn Kathir’s commentary:

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

﴿وَلِكُلٍّ جَعَلْنَا مَوَالِىَ﴾

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

﴿مِّمَّا تَرَكَ الْوَلِدَنِ وَالاٌّقْرَبُونَ﴾

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

﴿وَالَّذِينَ عَقَدَتْ أَيْمَـنُكُمْ فَـَاتُوهُمْ نَصِيبَهُمْ﴾

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

﴿وَلِكُلٍّ جَعَلْنَا مَوَالِىَ﴾

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

﴿وَالَّذِينَ عَقَدَتْ أَيْمَـنُكُمْ﴾

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

﴿وَلِكُلٍّ جَعَلْنَا مَوَالِىَ﴾

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

﴿وَالَّذِينَ عَقَدَتْ أَيْمَـنُكُمْ فَـَاتُوهُمْ نَصِيبَهُمْ﴾

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

No Funeral Prayer for the Indebted (Hadith No. 1983)

Bismillah.

Volume 3, Book 37, Number 488 :
Narrated by Salama bin Al-Akwa (radiallaahu `anhu)
Once, while we were sitting in the company of Prophet (sallallaahu `alayhi wasallam), a dead man was brought. The Prophet (sallallaahu `alayhi wasallam) was requested to lead the funeral prayer for the deceased. He said, “Is he in debt?” The people replied in the negative. He said, “Has he left any wealth?” They said, “No.” So, he led his funeral prayer. Another dead man was brought and the people said, “O Allah’s Apostle (sallallaahu `alayhi wasallam)! Lead his funeral prayer.” The Prophet (sallallaahu `alayhi wasallam) said, “Is he in debt?” They said, “Yes.” He said, “Has he left any wealth?” They said, ”Three Dinars.” So, he led the prayer. Then a third dead man was brought and the people said (to the Prophet (sallallaahu `alayhi wasallam)), Please lead his funeral prayer.” He said, “Has he left any wealth?” They said, “No.” He asked, “Is he in debt?” They said, (“Yes! He has to pay) three Diners.’, He (refused to pray and) said, “Then pray for your (dead) companion.” Abu Qatada (radiallaahu `anhu) said, “O Allah’s Apostle (sallallaahu `alayhi wasallam)! Lead his funeral prayer, and I will pay his debt.” So, he led the prayer.

In Musannaf ‘Abd al-Razzaaq (3/57) it says:

Ibn ‘Umar (may Allaah be pleased with him) said:

O Humraan, fear Allaah and do not die in debt, lest it be taken from your good deeds when there will be no dinars and no dirhams.

Read more about the seriousness of debt here.

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