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Gift = Ownership Transfer (Hadith No. 2279)


Ahadith 2270 – 2278 (below) are repeats. See linked text for related posts.

Volume 3, Book 47, Number 772:
Narrated Abu Huraira (radiallaahu `anhu):
A man came to Allah’s Apostle (sallallaahu `alayhi wasallam) and said, “I am ruined.” The Prophet (sallallaahu `alayhi wasallam) asked, “What do you mean?” He said, “I had sexual intercourse with my wife during Ramadan (while fasting).” The Prophet (sallallaahu `alayhi wasallam) asked him, “Can you manumit a slave?” He replied in the negative. He then asked him, “Can you fast for two successive months continuously” He replied in the negative. The Prophet (sallallaahu `alayhi wasallam) then asked him, “Can you feed sixty poor persons?” He replied in the negative. In the meantime an Ansari came with a basket full of dates. The Prophet (sallallaahu `alayhi wasallam) said to the man, “Take it and give it in charity (as an expiation of your sin).” The man said “Should I give it to some people who are poorer than we O Allah’s Apostle (sallallaahu `alayhi wasallam)? By Him Who has sent you with the Truth, there is no family between Medina’s two mountains poorer than we.” Allah’s Apostle (sallallaahu `alayhi wasallam) told him to take it and provide his family with it.”

Volume 3, Book 47, Number 773:
Narrated Jabir bin ‘Abdullah (radiallaahu `anhu):
My father was martyred on the day (of the battle) of Uhud and his creditors demanded the debt back in a harsh manner. So I went to Allah’s Apostle (sallallaahu `alayhi wasallam) and informed him of that, he asked them to accept the fruits of my garden and excuse my father, but they refused. So, Allah’s Apostle (sallallaahu `alayhi wasallam) did not give them the fruits, nor did he cut them and distribute them among them, but said, “I will come to you tomorrow morning.” So, he came to us the next morning and walked about in between the date-palms and invoked Allah to bless their fruits. I plucked the fruits and gave back all the rights of the creditors in full, and a lot of fruits were left for us. Then I went to Allah’s Apostle, who was sitting, and informed him about what happened. Allah’s Apostle (sallallaahu `alayhi wasallam) told ‘Umar (radiallaahu `anhu), who was sitting there, to listen to the story. ‘Umar (radiallaahu `anhu) said, “Don’t we know that you are Allah’s Apostle? By Allah! you are Allah’s Apostle!”

Volume 3, Book 47, Number 774:
Narrated Sahl bin Sad (radiallaahu `anhu):
A drink (milk mixed with water) was brought to the Prophet (sallallaahu `alayhi wasallam) who drank some of it while a boy was sitting on his right and old men on his left. The Prophet (sallallaahu `alayhi wasallam) said to the boy, “If you permit me, I’ll give (the rest of the drink to) these old men first.” The boy said, “I will not give preference to any one over me as regards my share from you, O Allah’s Apostle (sallallaahu `alayhi wasallam)!” The Prophet then put that container in the boy’s hand. (See Hadith No. 541).

Volume 3, Book 47, Number 775:
Narrated Jabir bin ‘Abdullah (radiallaahu `anhu):
I sold a camel to the Prophet (sallallaahu `alayhi wasallam) on one of the journeys. When we reached Medina, he ordered me to go to the Mosque and offer two Rakat. Then he weighed for me (the price of the camel in gold) and gave an extra amount over it. A part of it remained with me till it was taken by the army of Sham on the day of Harra.”

Volume 3, Book 47, Number 776:
Narrated Shal bin Sad (radiallaahu `anhu):
A drink (of milk and water) was brought to Allah’s Apostle (sallallaahu `alayhi wasallam) while a boy was sitting on his right side and old men were sitting on his left side. He asked the boy, “Will you allow me to give it to these (people)?” The boy said, “No, by Allah, I will not allow anyone to take my right from you.” Then the Prophet (sallallaahu `alayhi wasallam) put the bowl in the boy’s hand.

Volume 3, Book 47, Number 777:
Narrated Abu Huraira (radiallaahu `anhu):
Allah’s Apostle (sallallaahu `alayhi wasallam) owed a man some debt (and that man demanded it very harshly). The companions of the Prophet (sallallaahu `alayhi wasallam) wanted to harm him, but the Prophet (sallallaahu `alayhi wasallam) said to them, “Leave him, as the creditor has the right to speak harshly.” He then added, “Buy (a camel) of the same age and give it to him.” They said, “We cannot get except a camel of an older age than that of his.” He said, “Buy it and give it to him, as the best amongst you is he who pays back his debt in the most handsome way.

Volume 3, Book 47, Number 778:
Narrated Marwan bin Al-Hakam and Al-Miswar bin Makhrama (radiallaahu `anhu):
When the delegates of the tribe of Hawazin came to the Prophet (sallallaahu `alayhi wasallam) they requested him to return their property and their captives. He said to them, “This concerns also other people along with me as you see, and the best statement to me is the true one, so you may choose one of two alternatives; either the captives or the property and (I have not distributed the booty for) I have been waiting for you.”
When the Prophet (sallallaahu `alayhi wasallam) had returned from Ta’if, he waited for them for more than ten nights. When they came to know that the Prophet (sallallaahu `alayhi wasallam) would not return except one of the two, they chose their captives. The Prophet (sallallaahu `alayhi wasallam) then stood up amongst the Muslims, Glorified and Praised Allah as He deserved, and then said, “Then after: These brothers of yours have come to you with repentance and I see it proper to return their captives, so whoever amongst you likes to do that as a favor, then he can do it, and whoever of you wants to stick to his share till we pay him from the very first Fai (i.e. war booty) which Allah will give us, then he can do so.” The people said, “We return (the captives) to them willingly as a favor, O Allah’s Apostle!” The Prophet (sallallaahu `alayhi wasallam) said, “I do not know who of you has given his consent and who has not; so go back and your leaders may present your decision to me.” The people went away, and their leaders discussed the matter with them, and then came to the Prophet (sallallaahu `alayhi wasallam) to tell him that all of them had given their consent (to return the captives) willingly. (Az-Zuhn, the sub-narrator said, “This is what we know about the captives, of Hawazin.”)

Volume 3, Book 47, Number 779:
Narrated Ibn ‘Abbas (radiallaahu `anhu): That the people sitting with that person will be his co-owners. But this report is not confirmed by an authentic narration. (Refer to Hadith 778)

Volume 3, Book 47, Number 780:
Narrated Abu Huraira (radiallaahu `anhu):
The Prophet (sallallaahu `alayhi wasallam) took a camel of special age from somebody on credit. Its owner came and demanded it back (harshly). The Prophet (sallallaahu `alayhi wasallam) said, “No doubt, he who has a right, can demand it.” Then the Prophet (sallallaahu `alayhi wasallam) gave him an older camel than his camel and said, “The best amongst you is he who repays his debts in the most handsome way.”

Today’s Hadith:

Volume 3, Book 47, Number 781:
Narrated Ibn ‘Umar (radiallaahu `anhu):
That he was in the company of the Prophet (sallallaahu `alayhi wasallam) on a journey, riding a troublesome camel belonging to ‘Umar (radiallaahu `anhu). The camel used to go ahead of the Prophet (sallallaahu `alayhi wasallam), so Ibn ‘Umar’s father would say, “O ‘Abdullah! No one should go ahead of the Prophet (sallallaahu `alayhi wasallam).” The Prophet (sallallaahu `alayhi wasallam) said to him, “Sell it to me.” ‘Umar (radiallaahu `anhu) said to the Prophet (sallallaahu `alayhi wasallam), “It is for you.” So, he bought it and said, “O ‘Abdullah! It is for you, and you can do with it what you like.”

Just as buying or selling something changes its owner, gifting it does the same. Once you’ve given it, you have no right on it whatsoever. Whatever the new owner does with it is their concern, not yours. So if they give it to someone else, don’t take it to your heart. :P

(Hadith No. 1991)


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)


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)


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)


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.”

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