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Preemption (Ahadith 1910 – 1912)

Bismillah.

Volume 3, Book 34, Number 415 :
Narrated by Jabir (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) gave pre-emption (to the partner) in every joint property, but if the boundaries of the property were demarcated or the ways and streets were fixed, then there was no pre-emption.

Volume 3, Book 34, Number 416 :
Narrated by Jabir bin Abdullah (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) decided the validity of pre-emption in every joint undivided property, but if the boundaries were well marked or the ways and streets were fixed, then there was no pre-emption.

Volume 3, Book 34, Number 417 :
Narrated by Mussaddad from ‘Abdul Wahid
The same as above but said, “… in every joint undivided thing…” Narrated Hisham from Ma’mar the same as above but said, ” … in every property… “

The word Shuf’ah (preemption) is derived from Shaf’ meaning “to join” [because the property is joined to the shafi’ [pre-emptor]. In the terminology of the Fuqahaa it is the right to take possession of a house and land to prevent the harm of a neighbour e.g. if a man sells his house or land and tells his neighbour or partner about this sale the partner/neighbour has a right to object to the sale. He can take that was sold at the price at which it was sold. The one who has this right, is called a shafi’ [pre- emptor].

‘Shuf’ah’ (pre-emption) is the right someone has on his property or land, etc. According to Shari’ah three types of people have a right of pre-emption: i) a partner in the property who has a share in it, but the other partner sells the property without his consent. So he has the right to appeal against this in the Shari ‘ah Court on the basis of Shuf’ah. ii) Someone who is affected by the selling of a property (though not directly involved in that property) i.e. A neighbour who shares a path or a well, etc. That neighbour has a right of Shuf’ah and can issue a writ. There are no different opinions about i) and ii) above. Finally, iii) The neighbour – if he has separate boundaries for his land/home and no joint rights with the other, the neighbour should still be given priority when you come to selling your property. If the owner doesn’t inform him, he is not allowed to issue a writ for right of pre-emption.
The period or limit of pre-emption is for it to be made immediately after knowing of the dealing. If it is not possible to contact an Islamic Court then at least announce it to responsible members of the community. Otherwise, if delayed considerably, then it is not acceptable.

It is quite clear that the right of shuf’ah has been devised in Islam to adjust and to stabilize partnerships and to eliminate losses and other mischief resulting from partnership of properties, for in many cases, the possession of the property by the new partner inflicts losses on the partner having the right of shuf’ah or serves as the source of a series of conflicts and disagreements due to differences of opinion or it may be that freedom of ownership may have benefits for the one who has the right of shuf’ah without causing any loss for the partner who wants to sell his share. The right of shuf’ah holds good for lands, houses, gardens, and other immovable properties, but it does not apply to movable properties.

Guardian Taking from Orphan’s Wealth (Hadith No. 1909)

Bismillah.

Volume 3, Book 34, Number 414 :
Narrated by Hisham bin ‘Urwa from his father
Who heard Aisha (radiallaahu `anhaa) saying, “The Holy Verse; ‘Whoever amongst the guardians is rich, he should take no wages (from the property of the orphans) but if he is poor, let him have for himself what is just and reasonable (according to his labors)’ (4.6), was revealed concerning the guardian of the orphans who looks after them and manages favorably their financial affairs; if the guardian is poor, he could have from it what is just and reasonable, (according to his labors).”

Islam regards taking an orphan’s wealth unlawfully as one of the seven sins that doom one to Hell – as it was narrated by al-Bukhaari (2615) and Muslim (89) from the Prophet (peace and blessings of Allaah be upon him), because it is a great trust which many are unable to fulfil. The Prophet (peace and blessings of Allaah be upon him) said to Abu Dharr, when advising him: “And do not take care of the property of an orphan.” Narrated by Muslim (1826).

Islam commands the one who has orphans under his care to look after them properly and raise them well, and if they have wealth he is to guard it and invest it, and pay zakaah on it. If he is rich then it is better for him to refrain from touching their wealth at all, and if he is poor he may consume some on a reasonable basis; if he invests their money he may take payment equal to that of anyone else doing a similar job. These are the rulings of sharee’ah, and they are most wise and just.

Allaah says (interpretation of the meaning):

“And give not unto the foolish your property which Allaah has made a means of support for you, but feed and clothe them therewith, and speak to them words of kindness and justice. And try orphans (as regards their intelligence) until they reach the age of marriage; if then you find sound judgement in them, release their property to them, but consume it not wastefully and hastily fearing that they should grow up, and whoever (amongst guardians) is rich, he should take no wages, but if he is poor, let him have for himself what is just and reasonable (according to his labour). And when you release their property to them, take witness in their presence; and Allaah is All‑Sufficient in taking account.” [al-Nisa’ 4:5, 6]

Ibn Katheer said:

In the words, “consume it not wastefully and hastily fearing that they should grow up”, Allaah forbids consuming orphans’ wealth unnecessarily. “wastefully and hastily” means hastening before they reach puberty. Then Allaah says: “and whoever (amongst guardians) is rich, he should take no wages” meaning, he should not consume anything from it. Al-Sha’bi said: For him it is like dead meat and blood [i.e., forbidden]. “but if he is poor, let him have for himself what is just and reasonable (according to his labour)”. This was revealed concerning the guardian of an orphan who looks after him and takes care of him, if he needs to take from it. It was narrated that ‘Aa’ishah said: This verse was revealed concerning the guardian of an orphan: “and whoever (amongst guardians) is rich, he should take no wages, but if he is poor, let him have for himself what is just and reasonable (according to his labour)”.

The fuqaha’ said: He may take whichever is the lesser amount – the equivalent wages for his work or as much as he needs. They differed as to whether he should repay it if he becomes well off. There are two views, one of which is that he should not, because he took it in return for his work when he was poor. This is the correct view according to the companions of al-Shaafa’i, because the verse allows taking without replacing it later on.

The other view is that yes, he should repay it, because the orphan’s wealth is forbidden, and it was only permitted because of need, so he should repay it just as if he took wealth from someone else when he was in need.

and whoever (amongst guardians) is rich, he should take no wages” means, whoever among guardians. “but if he is poor” also refers to guardians. “let him have for himself what is just and reasonable” means, in the way that is better, just as it says in another verse, “And come not near to the orphan’s property, except to improve it, until he (or she) attains the age of full strength” [al-An’aam 6:152], i.e., do not come near it except with the intention of disposing of it in the best way, and if you need it then use it in a way that is just and reasonable.

Tafseer Ibn Katheer (1/454, 455).

More on it here.

The Stingy Husband (Hadith No. 1908)

Bismillah.

Hadith no. 1907 (below) is a repeat. Read it here.

Volume 3, Book 34, Number 412 :
Narrated by Anas bin Malik (radiallaahu `anhu)
Abu Taiba cupped Allah’s Apostle (sallallaahu `alayhi wasallam) and so Allah’s Apostle (sallallaahu `alayhi wasallam) ordered that a Sa of dates be paid to him and ordered his masters (for he was a slave) to reduce his tax.

Today’s Hadith:

Volume 3, Book 34, Number 413 :
Narrated by ‘Aisha (radiallaahu `anhaa)
Hind, the mother of Mu’awiya said to Allah’s Apostle (sallallaahu `alayhi wasallam), “Abu Sufyan (her husband) is a miser. Am I allowed to take from his money secretly?” The Prophet (sallallaahu `alayhi wasallam) said to her, “You and your sons may take what is sufficient reasonably and fairly.”

It is not permissible for the wife to take anything from her husband’s wealth except with his permission, unless he is stingy with her in spending what he is obliged to spend. In that case it is permissible for her to take what is sufficient for her and her children, on a reasonable basis.

Believers and Date Palms – What’s the Connection? (Hadith No. 1906)

Bismillah.

Ahadith 1902 – 1905 (below) are repeats. Read them where linked.

Volume 3, Book 34, Number 407:
Narrated by Ibn ‘Umar (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) forbade Al-Muzabana, i.e. to sell ungathered dates of one’s garden for measured dried dates or fresh ungathered grapes for measured dried grapes; or standing crops for measured quantity of foodstuff. He forbade all such bargains.

Volume 3, Book 34, Number 408:
Narrated by Ibn ‘Umar (radiallaahu `anhu)
The Prophet (sallallaahu `alayhi wasallam) said, “Whoever pollinates date palms and then sells them, the fruits will belong to him unless the buyer stipulates that the fruits should belong to him (and the seller agrees).”

Volume 3, Book 34, Number 409:
Narrated by Anas bin Malik (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) forbade Muhaqala, Mukhadara, Mulamasa, Munabadha and Muzabana.

Volume 3, Book 34, Number 410:
Narrated by Humaid
Anas (radiallaahu `anhu) said, “The Prophet (sallallaahu `alayhi wasallam) forbade the selling of dates till they were almost ripe.” We asked Anas, “What does ‘almost ripe’ mean?” He replied, “They get red and yellow. The Prophet (sallallaahu `alayhi wasallam) added, ‘If Allah destroyed the fruits present on the trees, what right would the seller have to take the money of his brother (somebody else)?’ “

Today’s Hadith:

Volume 3, Book 34, Number 411:
Narrated by Ibn ‘Umar (radiallaahu `anhu)
I was with the Prophet (sallallaahu `alayhi wasallam) while he was eating spadix. He said, “From the trees there is a tree which resembles a faithful believer.” I wanted to say that it was the date palm, but I was the youngest among them (so I kept quiet). He added, “It is the date palm.”

Although this hadith is a repeat, and we’ve already covered two aspects of it before (links: one, two), I’d like to do it again. It talks about a parable that the Prophet (sallallaahu `alayhi wasallam) gave to explain the personality and character of a believer.

The scholars stated:

The Muslim was likened to the date palm due to the abundance of its goodness, the continuity of its shade, the goodness of its fruit and its presence throughout the year. Indeed from the time its fruit emerges, it could continue to be eaten until it dries, and after it dries a lot of benefits are gained from it. Likewise from its leaves, wood and branches; they are used for staffs, fire wood, rods, straw mats, ropes and utensils amongst other uses. The last thing is the date stone which is used as fodder for camels. Furthermore, the beauty of its growth and the pleasant shape of its fruit, all of it is beneficial, is goodness and beauty.

Just as the believer is all goodness, from the abundance of his obedience and the nobility of his manners. He constantly prays, fasts, reads, remembers, gives in charity, enjoins the ties along with the rest of the forms of worship and other than this.

This is the correct angle of resemblance. It was also said that the angle of resemblance is that if the top of it is chopped off the rest of it dies in contrast to the rest of the types of trees. It was also that it is because it does not produce fruit until it is pollinated and Allaah knows best.

After reading this, I’d like you (yes you, lazy reader!) to think and derive some more traits of a believer comparing him to a date palm tree. You can just take a minute or two to think about it, and if you’re feeling generous, share your thoughts below. If not, well, happy not sharing!

Selling Sown Land (Hadith No. 1901)

Bismillah.

Volume 3, Book 34, Number 406 :
Narrated by ‘Abdullah bin ‘Umar (radiallaahu `anhu)
Allah’s Apostle (sallallaahu `alayhi wasallam) said, “If somebody sells pollinated date palms, the fruits will be for the seller unless the buyer stipulates that they will be for himself (and the seller agrees).”

Nafi’ said:

If pollinated date-palms are sold and nothing is mentioned (in the contract) about their fruits, the fruits will go to the person who has pollinated them, and so will be the case with the slave and the cultivator.

If someone is selling a pollinated crop/garden or a sown land, and the contract doesn’t mention anything about the fruit of that particular yield, it goes to the seller/owner by default. But if the contract stipulated otherwise and both parties agreed to it, then the buyer can have the yield to himself. That’s it, more or less. :)

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