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Mortgage Misc. (Ahadith 2184 – 2189)

Bismillah.

Ahadith 2178 – 2183 (below) are repeats. See linked text for related posts.

Volume 3, Book 44, Number 681:
Narrated Ibn ‘Umar (radiallaahu `anhu):
The Prophet (sallallaahu `alayhi wasallam) said, “Whoever manumits his share of a jointly possessed slave, it is imperative on him to manumit the slave completely if he has sufficient money to pay the rest of its price which is to be estimated justly. He should pay his partners their shares and release him (the freed one).

 

Volume 3, Book 44, Number 682:
Narrated Abu Huraira (radiallaahu `anhu):
The Prophet (sallallaahu `alayhi wasallam) said, “Whoever manumits his share of a jointly possessed slave, it is essential for him to manumit the slave completely if he has sufficient money. Otherwise he should look for some work for the slave (to earn what would enable him to emancipate himself), without overburdening him with work.”

 

Volume 3, Book 44, Number 683:
Narrated Ibn ‘Abbas (radiallaahu `anhu):
The Prophet (sallallaahu `alayhi wasallam) (along with his companions) reached Mecca in the morning of the fourth of Dhul-Hijja assuming Ihram for Hajj only. So when we arrived at Mecca, the Prophet (sallallaahu `alayhi wasallam) ordered us to change our intentions of the Ihram for ‘Umra and that we could finish our Ihram after performing the ‘Umra and could go to our wives (for sexual intercourse). The people began talking about that. Jabir (radiallaahu `anhu) said surprisingly, “Shall we go to Mina while semen is dribbling from our male organs?” Jabir (radiallaahu `anhu) moved his hand while saying so. When this news reached the Prophet (sallallaahu `alayhi wasallam) he delivered a sermon and said, “I have been informed that some peoples were saying so and so; By Allah I fear Allah more than you do, and am more obedient to Him than you. If I had known what I know now, I would not have brought the Hadi (sacrifice) with me and had the Hadi not been with me, I would have finished the Ihram.” At that Suraqa bin Malik (radiallaahu `anhu) stood up and asked “O Allah’s Apostle (sallallaahu `alayhi wasallam)! Is this permission for us only or is it forever?” The Prophet (sallallaahu `alayhi wasallam) replied, “It is forever.” In the meantime ‘Ali bin Abu Talib (radiallaahu `anhu) came from Yemen and was saying Labbaik for what the Prophet (sallallaahu `alayhi wasallam) has intended. (According to another man, ‘Ali was saying Labbaik for Hajj similar to Allah’s Apostle’s). The Prophet (sallallaahu `alayhi wasallam) told him to keep on the Ihram and let him share the Hadi with him.

See number 13 in this post.

Volume 3, Book 44, Number 684:
Narrated Abaya bin Rifaa:
My grandfather, Rafi bin Khadij (radiallaahu `anhu) said, “We were in the valley of Dhul-Hulaifa of Tuhama in the company of the Prophet and had some camels and sheep (of the booty). The people hurried (in slaughtering the animals) and put their meat in the pots and started cooking. Allah’s Apostle (sallallaahu `alayhi wasallam) came and ordered them to upset the pots, and distributed the booty considering one camel as equal to ten sheep. One of the camels fled and the people had only a few horses, so they got worried. (The camel was chased and) a man slopped the camel by throwing an arrow at it. Allah’s Apostle (sallallaahu `alayhi wasallam) said, ‘Some of these animals are untamed like wild animals, so if anyone of them went out of your control, then you should treat it as you have done now.’ ” My grandfather said, “O Allah’s Apostle (sallallaahu `alayhi wasallam)! We fear that we may meet our enemy tomorrow and we have no knives, could we slaughter the animals with reeds?” The Prophet (sallallaahu `alayhi wasallam) said, “Yes, or you can use what would make blood flow (slaughter) and you can eat what is slaughtered and the Name of Allah is mentioned at the time of slaughtering. But don’t use teeth or fingernails (in slaughtering). I will tell you why, as for teeth, they are bones, and fingernails are used by Ethiopians for slaughtering. (See Hadith 668)

Kitaab-ush-Sharikah [Book of Partnership] ends here.

Kitaab-ur-Rahn [Book of Mortgaging] starts today..

Volume 3, Book 45, Number 685:
Narrated Anas (radiallaahu `anhu):
No doubt, the Prophet (sallallaahu `alayhi wasallam) mortgaged his armor for barley grains. Once I took barley bread with some dissolved fat on it to the Prophet (sallallaahu `alayhi wasallam) and I heard him saying, “The household of Muhammad did not possess except a Sa (of food grain, barley, etc.) for both the morning and the evening meals although they were nine houses.”

 

Volume 3, Book 45, Number 686:
Narrated ‘Aisha (radiallaahu `anhaa):
The Prophet (sallallaahu `alayhi wasallam) bought some foodstuff on credit for a limited period and mortgaged his armor for it.

 

Volume 3, Book 45, Number 687:
Narrated Jabir bin ‘Abdullah (radiallaahu `anhu):
Allah’s Apostle (sallallaahu `alayhi wasallam) said, “Who would kill Ka’b bin Al-Ashraf as he has harmed Allah and His Apostle (sallallaahu `alayhi wasallam)?” Muhammad bin Maslama (radiallaahu `anhu) (got up and) said, “I will kill him.” So, Muhammad bin Maslama (radiallaahu `anhu) went to Ka’b and said, “I want a loan of one or two Wasqs of food grains.” Ka’b said, “Mortgage your women to me.” Muhammad bin Maslama (radiallaahu `anhu) said, “How can we mortgage our women, and you are the most handsome among the Arabs?” He said, “Then mortgage your sons to me.” Muhammad (radiallaahu `anhu) said, “How can we mortgage our sons, as the people will abuse them for being mortgaged for one or two Wasqs of food grains? It is shameful for us. But we will mortgage our arms to you.” So, Muhammad bin Maslama (radiallaahu `anhu) promised him that he would come to him next time. They (Muhammad bin Maslama (radiallaahu `anhu) and his companions) came to him as promised and murdered him. Then they went to the Prophet (sallallaahu `alayhi wasallam) and told him about it.

Volume 3, Book 45, Number 688:
Narrated Abu Huraira (radiallaahu `anhu):
The Prophet (sallallaahu `alayhi wasallam) said, “One can ride the mortgaged animal because of what one spends on it, and one can drink the milk of a milch animal as long as it is mortgaged. “

Volume 3, Book 45, Number 689:
Narrated Abu Huraira (radiallaahu `anhu):
Allah’s Apostle (sallallaahu `alayhi wasallam) said, “The mortgaged animal can be used for riding as long as it is fed and the milk of the milch animal can be drunk according to what one spend on it. The one who rides the animal or drinks its milk should provide the expenditures.”

Volume 3, Book 45, Number 690:
Narrated ‘Aisha (radiallaahu `anhaa):
Allah’s Apostle (sallallaahu `alayhi wasallam) bought some foodstuff from a Jew and mortgaged his armor to him.

Volume 3, Book 45, Number 691:
Narrated Ibn Abu Mulaika:
I wrote a letter to Ibn ‘Abbas (radiallaahu `anhu) and he wrote to me that the Prophet (sallallaahu `alayhi wasallam) had given the verdict that the defendant had to take an oath.

Volume 3, Book 45, Number 692:
Narrated Abu Wail:
Abdullah (bin Mas’ud) (radiallaahu `anhu) said, “Whoever took a false oath in order to grab somebody’s property will meet Allah while Allah will be angry with him.” Allah revealed the following verse to confirm that:- “Verily! Those who purchase a small gain at the cost of Allah’s covenant And their oaths…a painful torment.” (3.77)
Al-Ash’ath bin Qais (radiallaahu `anhu) came to us and asked as to what Abu Abdur-Rehman (i.e. Ibn Mas’ud) (radiallaahu `anhu) was telling you.” We related the story to him. On that he said, “He has told the truth. This verse was revealed about me. I had some dispute with another man regarding a well and we took the case before Allah’s Apostle (sallallaahu `alayhi wasallam). Allah’s Apostle (sallallaahu `alayhi wasallam) said (to me), “Produce two witnesses (to support your claim); otherwise the defendant has the right to take an oath (to refute your claim).’ I said, ‘The defendant would not mind to take a false oath.” Allah’s Apostle (sallallaahu `alayhi wasallam) then said, ‘Whoever took a false oath in order to grab someone else’s property will meet Allah, Allah will be angry with him.’ Allah then revealed what Confirmed it.” Al-Ash’ath then recited the following Verse:- “Verily! Those who purchase a small gain at the cost of Allah’s covenant, And their oaths . . . (to) . . . they shall have a painful torment!’ (3.77) (See Hadith No. 546)

Kitaab-ur-Rahn [Book of Mortgaging] ends here.

 

(Hadith No. 2177)

Bismillah.

Ahadith 2172 – 2176 (below) are repeats. See linked text for related posts.

Volume 3, Book 44, Number 675:
Narrated Jabir bin ‘Abdullah (radiallaahu `anhu):
The Prophet (sallallaahu `alayhi wasallam) established the right of Shu’fa (i.e. Pre-emption) in joint properties; but when the land is divided and the ways are demarcated, then there is no pre-emption.

 

Volume 3, Book 44, Number 676:
Narrated Jabir bin ‘Abdullah (radiallaahu `anhu):
The Prophet (sallallaahu `alayhi wasallam) said, “The right of pre-emption is valid in every joint property, but when the land is divided and the way is demarcated, then there is no right of pre-emption.”

Volume 3, Book 44, Number 677:
Narrated Sulaiman bin Abu Muslim:
I asked Abu Minhal about money exchange from hand to hand. He said, “I and a partner of mine bought something partly in cash and partly on credit.” Al-Bara’ bin ‘Azib (radiallaahu `anhu) passed by us and we asked about it. He replied, “I and my partner Zaid bin Al-Arqam (radiallaahu `anhu) did the same and then went to the Prophet (sallallaahu `alayhi wasallam) and asked him about it. He said, ‘Take what was from hand to hand and leave what was on credit.‘ “

Volume 3, Book 44, Number 678:
Narrated Abdullah (radiallaahu `anhu):
Allah’s Apostle (sallallaahu `alayhi wasallam) rented the land of Khaibar to the Jews on the condition that they would work on it and cultivate it and take half of its yield.

 

Volume 3, Book 44, Number 679:
Narrated ‘Uqba bin ‘Amir (radiallaahu `anhu):
that Allah’s Apostle (sallallaahu `alayhi wasallam) gave him some sheep to distribute among his companions in order to sacrifice them and a kid was left. He told the Prophet (sallallaahu `alayhi wasallam) about it and the Prophet (sallallaahu `alayhi wasallam) said to him, “Sacrifice it on your behalf.”

Today’s Hadith:

 

Volume 3, Book 44, Number 680:
Narrated ‘Abdullah bin Hisham (radiallaahu `anhu):
that his mother Zainab bint Humaid took him to the Prophet (sallallaahu `alayhi wasallam) and said, “O Allah’s Apostle (sallallaahu `alayhi wasallam)! Take the pledge of allegiance from him.” But he said, “He is still too young for the pledge,” and passed his hand on his (i.e. ‘Abdullah’s) head and invoked for Allah’s blessing for him.
Zuhra bin Ma’bad stated that he used to go with his grandfather, ‘Abdullah bin Hisham (radiallaahu `anhu), to the market to buy foodstuff. Ibn ‘Umar and Ibn Az-Zubair (radiallaahu `anhumaa) would meet him and say to him, “Be our partner, as the Prophet invoked Allah to bless you.” So, he would be their partner, and very often he would win a camel’s load and send it home.

Adoption in Islam (Hadith No. 2171)

Bismillah.

Volume 3, Book 44, Number 674:
Narrated ‘Urwa bin Az-Zubair:
That he had asked ‘Aisha (radiallaahu `anhaa) about the meaning of the Statement of Allah: “If you fear that you shall not be able to deal justly with the orphan girls, then marry (other) women of your choice two or three or four.” (4.3)
She said, “O my nephew! This is about the orphan girl who lives with her guardian and shares his property. Her wealth and beauty may tempt him to marry her without giving her an adequate Mahr (bridal-money) which might have been given by another suitor. So, such guardians were forbidden to marry such orphan girls unless they treated them justly and gave them the most suitable Mahr; otherwise they were ordered to marry any other woman.” ‘Aisha (radiallaahu `anhaa) further said, “After that verse the people again asked the Prophet (sallallaahu `alayhi wasallam) (about the marriage with orphan ‘girls), so Allah revealed the following verses:– ‘They ask your instruction concerning the women. Say: Allah Instructs you about them and about what is recited unto you In the Book, concerning the orphan girls to whom you give not the prescribed portions and yet whom you desire to marry…” (4.127)
What is meant by Allah’s Saying:- ‘And about what is recited unto you is the former verse which goes:- ‘If you fear that you shall not be able to deal justly with the orphan girls, then marry (other) women of your choice.’ (4.3) ‘Aisha (radiallaahu `anhaa) said, “Allah’s saying in the other verse:- ‘Yet whom you desire to marry’ (4.127) means the desire of the guardian to marry an orphan girl under his supervision when she has not much property or beauty (in which case he should treat her justly). The guardians were forbidden to marry their orphan girls possessing property and beauty without being just to them, as they generally refrain from marrying them (when they are neither beautiful nor wealthy).”

A common reader might find this weird – how can a guardian marry the orphan girl he’s upbringing? Incest? No. Because this is a case of sponsoring the orphan, that’s allowed in Islam, unlike adoption.

There is a difference between adoption and sponsoring orphans. 

A – Adoption means that a man takes an orphan and makes him like one of his own children, calling him after him, so that the orphan is not allowed to marry one of the man’s daughters, and so the sons of the adoptive father are regarded as brothers of the orphan and his daughters are regarded as his sisters, and his (the father’s) sisters are regarded as his paternal aunts, and so on. This was one of the things that were done during the first Jaahiliyyah, and some of the Sahaabah carried the names of their adoptive fathers, as in the case of al-Miqdaad ibn al-Aswad whose real father’s name was ‘Amr, but he was called ibn (son of) al-Aswad, after the man who had adopted him.

This continued into the early days of Islam, until Allaah forbade that, according to a well-known story. Zayd ibn Haarithah was called Zayd ibn Muhammad, and he was the husband of Zaynab bint Jahsh, then Zayd divorced her. 

It was narrated that Anas said: When Zaynab’s ‘iddah came to an end, the Messenger of Allaah (peace and blessings of Allaah be upon him) said to Zayd ibn Haarithah, “Go and tell her about me (that I want to marry her).” So he went to her and found her kneading dough. He said, “O Zaynab, good news. The Messenger of Allaah wants to marry you.” She said, “I will not do anything until I consult with my Lord.” Then she got up and went to her prayer-place, then the Messenger of Allaah (peace and blessings of Allaah be upon him) came and entered upon her.

 Concerning this, Allaah revealed the words (interpretation of the meaning): 

“And (remember) when you said to him (Zayd bin Haarithah the freed‑slave of the Prophet) on whom Allaah has bestowed grace (by guiding him to Islam) and you (O Muhammad too) have done favour (by manumitting him): ‘Keep your wife to yourself, and fear Allaah.’ But you did hide in yourself (i.e. what Allaah has already made known to you that He will give her to you in marriage) that which Allaah will make manifest, you did fear the people (i.e., their saying that Muhammad married the divorced wife of his manumitted slave) whereas Allaah had a better right that you should fear Him. So when Zayd had accomplished his desire from her (i.e. divorced her), We gave her to you in marriage, so that (in future) there may be no difficulty to the believers in respect of (the marriage of) the wives of their adopted sons when the latter have no desire to keep them (i.e. they have divorced them). And Allaah’s Command must be fulfilled”

[al-Ahzaab 33:37] 

(Narrated by Muslim, 1428) 

B – Allaah has forbidden adoption because it causes knowledge of people’s lineage to be lost, and we have been commanded to preserve people’s lineage. 

It was narrated from Abu Dharr (may Allaah be pleased with him) that he heard the Prophet (peace and blessings of Allaah be upon him) say: “There is no man who knowingly calls himself after someone other than his father but he has committed kufr. Whoever claims to belong to people to whom he has no ties of blood, let him take his place in Hell.” 

(Narrated by al-Bukhaari, 3317; Muslim, 61) 

What is meant by “committed kufr” is that he has done an act of kufr, not that he is beyond the pale of Islam.

This may generate hatred and resentment between the adopted son and the children of the adoptive father, because it will cause them to lose out on something that is rightfully theirs, which will go to this orphan unlawfully who they know is not entitled to it as they are. 

Sponsoring an orphan means that a man brings the orphan to live in his house, or he sponsors him somewhere other than his house, without giving him his name or forbidding that which is permitted or permitting that which is forbidden, as is the case with adoption. Rather the one who sponsors an orphan is doing a generous deed. So there can be no comparison between one who sponsors an orphan and one who adopts a child, because of the great difference between them and because sponsoring orphans is something which is encouraged in Islam. 

Allaah says (interpretation of the meaning): 

“…And they ask you concerning orphans. Say: The best thing is to work honestly in their property, and if you mix your affairs with theirs, then they are your brothers. And Allaah knows him who means mischief (e.g. to swallow their property) from him who means good (e.g. to save their property). And if Allaah had wished, He could have put you into difficulties. Truly, Allaah is All-Mighty, All-Wise”

[al-Baqarah 2:220] 

The Messenger (peace and blessings of Allaah be upon him) said that sponsoring orphans is a means of being together with him in Paradise. 

It was narrated that Sahl ibn Sa’d said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “I and the one who sponsors an orphan will be like this in Paradise” – and he gestured with his index and middle fingers, holding them slightly apart. 

(Narrated by al-Bukhaari, 4998) 

But we must point out that when these orphans reach adolescence, they must be separated from the wives and daughters of the sponsor. We should not do good with one hand and do evil with the other. We should also note that the one who is sponsored may be an orphaned girl and she may be beautiful and may become attractive before adolescence, so the sponsor must watch his sons lest they fall into doing haraam things with the orphans, because this could happen and be a means of causing mischief which it will be difficult to put right. 

Taken from IslamQA

Save Your Ship (Hadith No. 2170)

Bismillah.

Volume 3, Book 44, Number 673:
Narrated An-Nu’man bin Bashir (radiallaahu `anhu):
The Prophet (sallallaahu `alayhi wasallam) said, “The example of the person abiding by Allah’s order and restrictions in comparison to those who violate them is like the example of those persons who drew lots for their seats in a boat. Some of them got seats in the upper part, and the others in the lower. When the latter needed water, they had to go up to bring water (and that troubled the others), so they said, ‘Let us make a hole in our share of the ship (and get water) saving those who are above us from troubling them. So, if the people in the upper part left the others do what they had suggested, all the people of the ship would be destroyed, but if they prevented them, both parties would be safe.”

This is the result of not fulfilling Allah’s command:

“Let there arise out of you a group of people inviting to all that is good (Islam), enjoining Al-Ma‘roof (i.e. Islamic Monotheism and all that Islam orders one to do) and forbidding Al-Munkar (polytheism and disbelief and all that Islam has forbidden). And it is they who are the successful” [Aal ‘Imraan 3:104] 

If the people on upper level don’t do anything to stop those on the lower level from digging a hole, they’ll all drown, equally guilty.

Enjoining what is good (al-ma’roof) and forbidding what is evil (al-munkar) is one of the most important Islamic duties, indeed it is the noblest and most sublime. This is the task of the Prophets and Messengers (peace be upon them all), as Allaah says (interpretation of the meaning): 

“Messengers as bearers of good news as well as of warning in order that mankind should have no plea against Allaah after the (coming of) Messengers” [al-Nisaa’ 4:165] 

Allaah has made the Muslim ummah the best nation ever raised up for mankind, in order to do this important task, as Allaah says (interpretation of the meaning):  

“You (true believers in Islamic Monotheism, and real followers of Prophet Muhammad and his Sunnah) are the best of peoples ever raised up for mankind; you enjoin Al-Ma‘roof (i.e. Islamic Monotheism and all that Islam has ordained) and forbid Al-Munkar (polytheism, disbelief and all that Islam has forbidden), and you believe in Allaah” [Aal ‘Imraan 3:110] 

If the ummah fails to do its duty of enjoining what is good and forbidding what is evil, wrongdoing and corruption will spread throughout the ummah, and it will deserve the curse of Allaah. For Allaah cursed those among the Children of Israel who disbelieved because they failed in this important duty. Allaah says (interpretation of the meaning): 

“Those among the Children of Israel who disbelieved were cursed by the tongue of Dawood (David) and ‘Eesa (Jesus), son of Maryam (Mary). That was because they disobeyed (Allaah and the Messengers) and were ever transgressing beyond bounds.

They used not to forbid one another from Al-Munkar (wrong, evildoing, sins, polytheism, disbelief) which they committed. Vile indeed was what they used to do [al-Maa’idah 5:78] 

Joint Ownership of Slaves (Ahadith 2168 – 2169)

Bismillah.

Ahadith 2166 – 2167 (below) are repeats. Read them here.

Volume 3, Book 44, Number 669:
Narrated Ibn ‘Umar (radiallaahu `anhu):
The Prophet (sallallaahu `alayhi wasallam) decreed that one should not eat two dates together at a time unless he gets the permission from his companions (sharing the meal with him).

 

Volume 3, Book 44, Number 670:
Narrated Jabala:
“While at Medina we were struck with famine. Ibn Az-Zubair used to provide us with dates as our food. Ibn ‘Umar (radiallaahu `anhu) used to pass by us and say, “Don’t eat two dates together at a time as the Prophet (sallallaahu `alayhi wasallam) has forbidden eating two dates together at a time (in a gathering) unless one takes the permission of one’s companion brother.”

Today’s Ahadith:

 

Volume 3, Book 44, Number 671:
Narrated Nafi:
Ibn ‘Umar (radiallaahu `anhu) said, “Allah’s Apostle (sallallaahu `alayhi wasallam) said, ‘If one manumits his share of a jointly possessed slave, and can afford the price of the other shares according to the adequate price of the slave, the slave will be completely manumitted; otherwise he will be partially manumitted.’ ” (Aiyub, a sub-narrator is not sure whether the saying ” … otherwise he will be partially manumitted” was said by Nafi’ or the Prophet (sallallaahu `alayhi wasallam).)

 

Volume 3, Book 44, Number 672:
Narrated Abu Huraira (radiallaahu `anhu):
The Prophet (sallallaahu `alayhi wasallam) said, “Whoever manumits his share of a jointly possessed slave, it is imperative for him to get that slave manumitted completely by paying the remaining price, and if he does not have sufficient money to manumit him, then the price of the slave should be estimated justly, and he is to be allowed to work and earn the amount that will manumit him (without overburdening him)”.

So either the joint owner pays off the other half as well, or the slave works to buy it off.

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