Chapter 52. Book of Setting Free
I: What has come about setting free and its excellence
The words of Allah Almighty, "Freeing a slave or feeding on a day of hunger an orphaned relative..." (90:13-15)
2381. It is related that Abu Hurayra said that the Prophet, may Allah bless him and grant him peace, said, "If any man sets a Muslim free, Allah will save every part of his body from the Fire for every part of his body."
Sa'id ibn Marjana said, "I took this hadith to 'Ali ibn al-Husayn and 'Ali ibn al-Husayn went to a slave of his for whom 'Abdullah ibn Dinar had offered in ten thousand dirhams or one thousand dinars, and set him free."
II: Which type of slave is best to free?
2382. It is related that Abu Dharr said, "I said, 'Messenger of Allah, what action is the best?' He replied, 'Belief in Allah and jihad in His way.' I asked, 'What is the best kind of setting free?' He answered, 'That of the person most valued in the eyes of his people and the one with the highest price.' I said, 'What if I cannot do that?' He replied, 'Help an artisan or those who cannot work for themselves.' I asked, 'Messenger of Allah, what about someone who is too weak to do anything?' He said, 'Withhold your evil from other people. That is sadaqa from you to yourself.'"
III: What is recommended of freeing slaves during eclipses and other signs
2383. It is related that Asma' bint Abi Bakr said, "The Prophet, may Allah bless him and grant him peace, commanded that slaves be set free during solar eclipses."
'Ali corroborated it from ad-Darawardi from Hisham.
2384. It is related that Asma' bint Abi Bakr said, "We were commanded to set slaves free during eclipses."
IV: When someone sets free a slave owned by two people, or a slavegirl owned by partners
2385. It is related from the father of Salim [Ibn 'Umar] that the Prophet, may Allah bless him and grant him peace, said, "If someone sets free a slave who is owned by two people and is wealthy, the slave should have his price evaluated and then he should be freed."
2386. It is related from 'Abdullah ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "If someone frees his share of a slave and possesses enough money to cover the full price of the slave, the slave is then evaluated with a fair value, and he pays his partners their shares and he (the slave) is emancipated. Otherwise, only that portion of him that he set free is free.
2387. It is related from Ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "Someone who frees his portion of a slave must set all of him free if he possesses enough money to cover his price. If he does not have money when the slave is evaluated with a fair value, then that portion of him that he set free is free."
Bishr summarised it from 'Ubaydullah.
2388. It is related from Ibn 'Umar that the Prophet, may Allah bless him and grant him peace, said, "If someone sets free his portion of a slave - or his share of a slave - and has enough money to cover his price with a fair value, then he (the slave) is emancipated."
Nafi' said, "Otherwise, that portion of him that he set free is free."
Ayyub said, "I do not know whether it is something that Nafi' said or it is something in the hadith."
2389. It is related that Ibn 'Umar used to give a verdict about slave or slavegirl who was owed by partners that if one of them set free his share of him, he would say, "It is obligatory for him to set all of him free if the one who set him free from his own money if he has enough money when a fair price is evaluated. He pays the partners their shares and the one set free goes his way. Ibn 'Umar reported that from the Prophet, may Allah bless him and grant him peace.
A summary is related from Ibn 'Umar from the Prophet, may Allah bless him and grant him peace.
V: When someone sets free a portion of a slave and does not have the money [for complete setting free], then the slave is allowed to work [to earn enough to completely free himself] without making it hard on him, as in the kitaba
2390. It is related that Abu Hurayra said that the Prophet, may Allah bless him and grant him peace, said, "Someone who sets free a share of a slave..."
It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "Someone who sets free a share or portion of a slave must redeem him from his wealth if he has wealth. If he does not have wealth, then the slave is evaluated and then the slave is allowed to work to earn it without making it too hard for him."
Hajjaj ibn Hajjaj, Aban and Musa ibn Khalaf corroborated it from Qatada. Shu'ba summarised it.
VI: Error and forgetfulness in setting free, divorce and the like. Setting free is only for the sake of Allah.
The Prophet, may Allah bless him and grant him peace, said, "Every man has what he intends." The one who forgets or errs has no intention.
2391. It is related that Abu Hurayra said that the Prophet, may Allah bless him and grant him peace, said, "Allah has granted my request that He overlook for my community what is whispered in their breasts as long as it is not acted on or spoken aloud."
2392. It is related that 'Umar ibn al-Khattab was heard to relate that the Prophet, may Allah bless him and grant him peace, said, "Actions are but judged according to intentions. Every man has what he intends. So whoever emigrates to Prophet and His Messenger, his emigration is to Allah and His Messenger. Whoever emigrates to gain something of this world or to marry a woman, his emigration is for that to which he emigrated."
VII: When a man says to his slave that he is for Allah and intends to set him free, and witnesses to the setting free
2393. It is related from Qays that when Abu Hurayra set out with his slave intending to become Muslim, they lost one another on the way. The slave came after that while Abu Hurayra was sitting with the Prophet, may Allah bless him and grant him peace. The Prophet, may Allah bless him and grant him peace, said, "O Abu Hurayra, this is your slave who has come." He said, "Indeed, I testify that he is free." He said that this was when he said:
"O what a long and tiring night!Although it has saved me from the abode of disbelief."
2394. It is related that Abu Hurayra said, "When I came to the Prophet, may Allah bless him and grant him peace, I said on the way:
'O what a long and tiring night!Although it has saved me from the abode of disbelief.'"
He said, "A slave of mine had fled from me on the way. When I came to the Prophet, may Allah bless him and grant him peace, I gave him my allegiance. While I was with him, the slave appeared. The Messenger of Allah, may Allah bless him and grant him peace, said to me, 'O Abu Hurayra, this is your slave.' I said, 'He is free for the sake of Allah,' and I set him free."
Abu Kurayb did not say from Abu Usama, "free."
2395. It is related from Qays, "When Abu Hurayra came with his slave seeking Islam, they lost one another. After this, he said, 'Indeed, I testify that he is for Allah.'"
VIII: The umm walad
Abu Hurayra reported from the Prophet, may Allah bless him and grant him peace, "One of the signs of the Last Hour is that the slave-girl will give birth to her master."
2396. It is related that 'A'isha said, "'Utba ibn Abi Waqqas enjoined his brother, Sa'd ibn Abi Waqqas to take care of the son of the slavegirl of Zam'a. 'Utba said, "He is my son.' When the Messenger of Allah, may Allah bless him and grant him peace, came in the time of the Conquest, Sa'd took the son of the slavegirl of Zam'a and brought him to the Messenger of Allah, may Allah bless him and grant him peace. 'Abd ibn Zam'a came with him. Sa'd said, 'Messenger of Allah, this the son of my brother who told me that he is his son.' 'Abd ibn Zam'a stood up and said, 'Messenger of Allah, this is my brother, the son of my father's slavegirl. He was born on his bed.' The Messenger of Allah, may Allah bless him and grant him peace, looked at the son of the slavegirl of Zam'a, and he had the greatest resemblance to him ('Utba). The Messenger of Allah, may Allah bless him and grant him peace, said, 'He is yours, 'Abd ibn Zam'a,' because he was born on his father's bed. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Veil yourself from him, Sawda bint Zam'a,' because of what he saw in him of his resemblance to 'Utba. Sawda was the wife of the Prophet, may Allah bless him and grant him peace."
IX: Selling a mudabbar
2397. It is related that Jabir ibn 'Abdullah was heard to sayy, "A man among us freed a slave of his as a mudabbar [to be freed after the death of the master]. The Prophet, may Allah bless him and grant him peace, called for the slave and sold him."
Jabir said, "The slave died the same year."
[See 2034]
X: Selling and giving away the wala'
2398. It is related that Ibn 'Umar was heard to say, "The Messenger of Allah, may Allah bless him and grant him peace, forbade selling or giving away the wala'."
2399. It is related that 'A'isha said, "I purchased Barira and her people made a stipulation that they would keep her wala'. I mentioned that to the Prophet, may Allah bless him and grant him peace, and he said, 'Set her free. The wala' goes to the one who pays the silver.' So I set her free. The Prophet, may Allah bless him and grant him peace, summoned her and gave her a choice about remaining with her husband (or leaving him). She said, 'Even if he were to give me such-and-such, I would not stay with him,' so she chose herself."
XI: When a man's brother or uncle is taken captive, can be ransom him if he is an idoater?
Anas said, "Al-'Abbas said to the Prophet, may Allah bless him and grant him peace, 'I ransom myself and I ransom 'Aqil.' 'Ali had a share in that booty which was taken from his brother 'Aqil and uncle 'Abbas."
2400. It is related from Anas that some men of the Ansar asked the Messenger of Allah, may Allah bless him and grant him peace, for his permission, saying, "Allow us to forgo the ransom of our nephew 'Abbas." He said, "Do not forgo even a dirham of it."
XII: Setting an idolater free
2401. It is related from Hisham that his father informed him that Hakim ibn Hizam set free a hundred slaves in the time of Jahiliyya and provided a hundred camels*. When he became Muslim, he provided a hundred camels and set free a hundred slaves. He said, "Messenger of Allah, what do you say about the things by which I used to worship in the Jahiliyya?' i.e. by which I intended piety.' The Messenger of Allah* said, 'You became Muslim with all the good you did in the past.'"
[* Either for the use of people going on hajj or for jihad.]
XIII: The one who owned Arab slaves and gave, sold or had intercourse with them or took their ransom and their offspring as captives
The words of Allah Almighty, "Allah does make a likeness: an owned slave possessing no power over anything, and someone We have given plentiful provision who gives out from it secretly and openly. Are they the same? Praise be to Allah! They are not! But most of them do not know." (16:75)
2402. It is related from Marwan ibn al-Hakam and al-Miswar ibn Makhrama that when the delegation of Hawazin came to the Prophet, may Allah bless him and grant him peace, he got up. They asked him or return to them their property and captives. He said, 'I have with me those you see. The words I love the best is the most truthful. Choose between one of two: either the property or the captives. I have delayed distributing them.' The Prophet, may Allah bless him and grant him peace, had waited for them for about ten days after he returned from Ta'if. When it was apparent to them that the Prophet, may Allah bless him and grant him peace, would only return one of the two groups to them, they said, 'We will take our captives.' The Prophet, may Allah bless him and grant him peace, got up among the Muslims and praised Allah as He is worthy and then said, 'Following on from that: these brothers of yours have come in repentance and I think that their captives should be returned to them. Whoever of you is happy with that should do it. Whoever of you wants to have his share until we pay him from the first spoils which Allah brings us can do it. The people said, 'We are content with that.' The Prophet , may Allah bless him and grant him peace, said, 'We do not know who among you has allowed it and who has not. Go back so that your leaders can inform us of your business.' The people went back and their leaders spoke to them and then returned to the Prophet, may Allah bless him and grant him peace, and told him, 'They are happy with that and give their permission.' This is what we heard about the captives of Hawazin."
Anas said that 'Abbas said to the Prophet, may Allah bless him and grant him peace, 'I have ransomed myself and I have ransomed 'Aqil.'"
[This was after the Battle of Hunayn.]
2403. It is related that Ibn 'Awn said, "I wrote to Nafi' and then he wrote to me that the Prophet, may Allah bless him and grant him peace, had launched a sudden attack on the Banu'l-Mustaliq while they were unwatchful and their herds were being watered at the watering-place. He killed their fighters and took their women and children captive. He got Juwayriyya [in his share] on that day. 'Abdullah ibn 'Umar reported it to me, and he was in that army."
2404. It is related that Ibn Muhayriz said, "I saw Abu Sa'id and I asked him about it [coitus interruptus] and he said, "We went out with the Messenger of Allah, may Allah bless him and grant him peace, in the attack against the Banu'l-Mustaliq. We took from Arab captives and we desired the women as the separation had been hard on us, and we wanted to practise coitus interruptus. We asked the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'There is nothing that says you should not do it. There is no soul which exists until the Day of Rising but that it will be.'"
2405. It is related that Abu Hurayra said, "I still love the Banu Tamim."
It is related that Abu Hurayra said, "I have loved the Banu Tamim since I heard the Messenger of Allah, may Allah bless him and grant him peace, say three things about them. I heard him say, 'They will be the strongest community against the Dajjal.' When their sadaqa came, the Messenger of Allah, may Allah bless him and grant him peace, said, 'This is the sadaqa of our people.' 'A'isha had a slavegirl from them and he said, 'Set her free. She is one of the descendants of Isma'il.'"
XIV: The excellence of someone who instructs his slavegirl and teaches her manners
2406. It is narrated from Abu Musa that the Messenger of Allah, may Allah bless him and grant him peace, said, "A man who has a slave-girl whom supports well* and treats well and then frees her and marries her has two rewards."
[*One text has "teaches'.]
XV: The words of the Prophet, may Allah bless him and grant him peace, "Slaves are your brothers, so feed them from what you yourself eat."
The words of Allah Almighty, "Worship Allah and do not attribute partners to Him. Be good to your parents and relatives and to orphans and the very poor, and to neighbours who are related to you and neighbours who are not related to you, and to companions and travellers and your slaves. Allah does not love anyone vain or boastful." (4:36)
2407. It is related that al-Ma'rur ibn Suwayd said, "I saw Abu Dharr al-Ghifari wearing a cloak and his slave had a cloak on too. We asked him about that and he said, 'I exchanged insults with a man and he complained about me to the Prophet, may Allah bless him and grant him peace. The Prophet, may Allah bless him and grant him peace, said to me, "You abused him by insulting his mother!" Then he said, "Your slaves are your brothers whom Allah has placed under your authority. Anyone who has authority over his brother should feed him from what he eats and clothe him from what he wears and you should not oblige them to do what is too much for them. If you ask that of them, then give them a hand."'"
XVI: When a slave worships his Lord well and is faithful to his master
2408. It is related from Ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "When a slave is faithful to his master and worships his Lord well, he has his reward twice over."
2409. It is related from Abu Musa al-Ash'ari that the Prophet, may Allah bless him and grant him peace, said, "Any man who has a slave-girl whom he teaches adab (i.e. good manners) so that she has good adab and educates her in the best possible way and then frees her and marries her has two rewards. Any slave who fulfils his duty to both Allah and his master has two rewards."
2410. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'A virtuous owned slave has two rewards.' By the One who has the soul of Abu Hurayra in His hand, were it not for jihad in the way of Allah, the hajj, and devotion to my mother, I would like to die as a slave."
2411. It is related that Abu Hurayra said that the Prophet, may Allah bless him and grant him peace, said, "Excellent is the one who worships his Lord well and is faithful to his master."
XVII: The dislike of looking down on a slave and saying, "My slave" or "My slavegirl"
Allah Almighty says, "Or the righteous ones among your slaves, male and female," (24:32) and He says, "a slave under the dominion of another," (16:75), and "They both found her master near the door," (12:25) and He says, "slavegirls who are believers." (4:25) The Prophet, may Allah bless him and grant him peace, said, "Rise for you master." And "Mention me to your lord." (12:42) And the Prophet said, "your master (sayyid)" and "from your master."
2412. It is related from 'Abdullah that the Prophet, may Allah bless him and grant him peace, said, "When the slave is faithful to his master and worships his Lord well, he has his reward twice over."
2413. It is related from Abu Musa that the Prophet, may Allah bless him and grant him peace, said, ""A slave who worships his Lord well and gives his master the right which he owes him, good advice and obedience has two rewards."
2414. It is related that Abu Hurayra was heard to relate that the Prophet, may Allah bless him and grant him peace, said, "One of you should not say, 'Feed your lord (rabb)', 'help your lord (rabb) doing wudu'','Give water to your lord (rabb)'. He should say, 'My master (sayyidi, mawlaya).' One of you should not say, 'My slave ('abdi) and my slavegirl (amati). He should say, 'My slave (fataya, fatani and ghulami).'"
2415. It is related that Ibn 'Umar said that the Prophet, may Allah bless him and grant him peace, said, "Whoever sets free his portion of a slave and possesses enough to cover his price, should have him evaluated with a fair value, and then he (the slave) is is set free from his money. Otherwise, that portion of him that he set free is free."
2416. It is related from 'Abdullah that the Messenger of Allah, may Allah bless him and grant him peace, said, "All of you are shepherds and each of you is responsible for his flock. The amir in charge of the people is a shepherd and he is responsible for them. A man is a shepherd in his family and is responsible for them. The woman is a shepherd in her husband's house and children and is responsible for them. The servant is a shepherd of his master's property and is responsible for it. All of you are shepherds and each of you is responsible for his flock."
2417. It is related that that it was heard from Abu Hurayra and Zayd ibn Khalid that the Prophet, may Allah bless him and grant him peace, said, "When a female slave commits fornication, flog her. Then if she commits fornication again, flog her. Then if she commits fornication, flog her - on the third or time - he should sell her, even for a rope made of hair."
XVIII: When someone's servant brings him food
2418. It is related from Abu Hurayra from the Prophet, "When a servant of one of you brings him food, if he does not sit with him, he should at least give him a morsel or two - or a bite or two. He is the one who prepared it."
XIX: A slave is the shepherd of his master's property
2419. It is related from 'Abdullah ibn 'Umar that he heardd the Messenger of Allah, may Allah bless him and grant him peace, say, "All of you are shepherds and each of you is responsible for his flock. An Imam is a shepherd and he is responsible for those in his care. A man is a shepherd in his family and is responsible for those in his care. The woman is a shepherd in her husband's house and is responsible for those in her care. The servant is a shepherd of his master's property and is responsible for what is in his care." He said, "I heard these words from the Prophet, may Allah bless him and grant him peace, and I think that the Prophet, may Allah bless him and grant him peace, also said, 'A man is a shepherd of his father's property and is responsible for what is in his care. All of you are shepherds and each of you is responsible for his flock.'"
XX: When someone strikes a slave, he should avoid the face
2420. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "When one of you fights, he should avoid the face."
Chapter 53. Chapter on the Mukatab
XXI: The wrong action of someone who slanders his slave
XXI: The mukatab and his payments in yearly instalments
The words of Allah, "If any slaves you own desire to make a contract to free themselves, write it for them if you know of good in them and give them some of the wealth Allah has given you." (24:33)
Ibn Jurayj said, "I said to 'Ata', 'Is it mandatory for me to give him a kitaba if I know that he has money?' He said, 'I only think that it is mandatory. 'Amr ibn Dinar said that.' I said to 'Ata', 'Do you relate it from anyone?' He said, 'No.' Then he reported to me that Musa ibn Anas reported to him that Sirin asked Anas for a kitaba. He had a lot of money, but he refused. So he went to 'Umar and 'Umar said, 'Give him a kitaba.' He refused, so 'Umar beat him with a whip and recited, "Write it for them if you know of good in them."' So he gave him the contract."
2421. 'A'isha said that Barira came to her to ask her help in buying her freedom-contract (kitaba) She owed five awqiyas which she was to pay in instalments over five years. Wanting to buy her, 'A'isha said her, "Do you think that if I give it to them all at once, your people will sell you to me, and then I will set you free. but your wala' will be with me?" Barira went to her people and presented that to them. They said, "No, her wala' will remain with us." 'A'isha said, "I went to the Messenger of Allah, may Allah bless him and grant him peace, and mentioned that to him." He said to her, "Buy her and set her free. The wala' is with the one who sets her free." Then the Messenger of Allah, may Allah bless him and grant him peace, stood up and said, "Why is it that some people make conditions which are not in the Book of Allah? Any condition which is not in the Book of Allah is invalid. The condition of Allah is truer and firmer."
XXII: Conditions permitted for the mukatab. The one who made a condition which was not in the Book of Allah.
Ibn 'Umar reported from the Prophet, may Allah bless him and grant him peace, in it.
2422. It is related from 'Urwa from 'A'isha that Barira came to her to ask her help in buying her freedom-contract (kitaba). She had not paid any of her kitaba. 'A'isha told her, 'Return to your people. If your people like for me pay off your kitaba for you and I have your wala', I will do it ' Barira mentioned that to her owners and they refused. They said, 'If she wants a reward for you, then let her do it and we will keep your wala'.' 'A'isha mentioned that to the Messenger of Allah, may Allah bless him and grant him peace, and the Messenger of Allah, may Allah bless him and grant him peace, said to her, "Buy her and set her free. The wala' is with the one who sets free.'" He said, "Then the Messenger of Allah, may Allah bless him and grant him peace, stood up and said, 'Why is it that some people make conditions which are not in the Book of Allah? Any condition which is not in the Book of Allah is invalid even if it is stipulated a hundred times. The condition of Allah is truer and firmer."
2423. It is related that 'Abdullah ibn 'Umar said, "'A'isha, the Umm al-Mu'minin, wanted to buy a slave-girl in order to set her free. Her people said, 'Provided that we kee[ her wala'.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Do not let that stop you. The wala' is with the one who sets free.'"
XXIII: The mukatab asking for help and asking people to help
2424. It is related that 'A'isha said, "Barira came and said, 'I have a freedom-contract with my owners for nine awqiyas, with one awqiya every year. Help me.' 'A'isha said, 'If your people like, I will give it to them all at once and then I will set you free. but your wala' will be with me ' Barira went to her owners and they refused to let her do that. She said, 'I offered that to them and they refused until they kept the wala'.' The Messenger of Allah, may Allah bless him and grant him peace, heard about that and asked me about it and I told him. He said, "Take her and set her free and give them the condition of the wala'. The wala' is with the one who sets free.'" 'A'isha said, "The Messenger of Allah, may Allah bless him and grant him peace, stood up among the people and praised and glorified Allah. Then he said, 'Following on from that: why is it that some men among you make conditions which are not in the Book of Allah? Any condition which is not in the Book of Allah is invalid even if it is stipulated a hundred times. The decision of Allah is truer and firmer. What is wrong with some men among you who say, 'Set see, so-and-so, and I will have the wala'. The wala' is for the one who sets free.'"
XXIV: Selling a mukatab if he agrees
'A'isha said, "He is still a slave as long as he still owes anything." Zayd ibn Thabit said, "As long as he still owes a dirham."
Ibn 'Umar said, "He is a slave if he lives, if he dies and if he becomes insane as long as he still owes anything."
2425. It is related from 'Amra bint 'Abdu'r-Rahman that Barira came to ask for the help of 'A'isha, the Umm al-Mu'minin. She said to her, "If your owners like for me to pay them your price all at once and then set you free, I will do it." Barira mentioned that to her people and they said, "No, unless we have your wala'."
Malik said that Yahya said, "'Amra claimed that 'A'isha mentioned that to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Buy her and set her free. The wala' belongs to the one who sets free.'"
XXV: When the mukatab says, "Buy me and set me free," and he is purchased for that purpose
2426. It is related that Ayman said, "I visited 'A'isha and said, 'I was the slave of 'Utba ibn Abi Lahab. He died and his sons inherited me and they sold me to Ibn Abi 'Amr. Ibn Abi 'Amr set me free and the sons of 'Utba had made the wala' a precondition.' She said, 'Barira visited when she was a mukataba and said, "Buy me and set me free." I said, "Yes." She said, "They will not sell me without making my wala' a precondition."' 'A'isha said, 'I have no need of that. The Prophet, may Allah bless him and grant him peace, came to hear of that - or it reached him - and he mentioned that to 'A'isha and 'A'isha mentioned what she had said to her. He said, "Buy her and set her free. Let them make whatever conditions they like.' So 'A'isha bought her and set her free and her people made the wala' a precondition. The Prophet, may Allah bless him and grant him peace, said, 'The wala' belongs to the one who sets free, even if they made a hundred conditions.'"
Chapter 54. The Book of Gifts and their Excellence
I: Their excellence and encouraging that
2427. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "O Muslim women! No one should look down on a gift from her neighbour, even if it is only a sheep's trotter."
2428. It is related that 'A'isha said to 'Urwa, "Nephew, we used to see the crescent moon, and then the crescent moon, three crescent moons in two months without there being a fire lit in the houses of the Messenger of Allah, may Allah bless him and grant him peace. I said, 'O aunt, what did you survive on?' She said, 'The two black ones - dates and water. However, the Messenger of Allah, may Allah bless him and grant him peace, had some neighbours of the Ansar who had sheep which were lent to them for milking and they used to give the Messenger of Allah, may Allah bless him and grant him peace, some of their drink and he would let us drink.'"
II: Giving a little as a gift
2429. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "If I were invited to eat no matter whether it is a shoulder or merely a trotter, I would accept and if I were given a gift of a shoulder or merely a trotter, I would accept either."
III: The one who asks his companions for some gift
Abu Sa'id said that the Prophet, may Allah bless him and grant him peace, said, "Give me a share with you."
2430. It is related from Sahl that the Prophet, may Allah bless him and grant him peace, sent to a woman of the Muhajirun who had a slave who was a carpenter, saying to her, 'Instruct your slave to make us a wooden minbar.' She gave him this instruction and he went and cut some tamarisk and made a minbar for him. When he finished it, she sent word to the Prophet, may Allah bless him and grant him peace, that he had finished it. The Prophet, may Allah bless him and grant him peace, said, 'Send it to me.' They brought it and the Prophet, may Allah bless him and grant him peace, lifted it and put it where you see it.'"
2431. It is related from 'Abdullah ibn Abi Qatada as-Salami that his father said, "One day I was sitting with some men of the Companions of the Prophet, may Allah bless him and grant him peace, in a stage on the Makka road. The Messenger of Allah, may Allah bless him and grant him peace, had alighted ahead of us. The people were in ihram but I was not. They saw a wild ass while I was busy fixing my sandal throng. They did not inform me about it, but they wanted for me to see it. I turned and saw it and went to my horse and saddled it. Then I mounted, forgetting my whip and spear. I said to them, 'Hand me my whip and spear.' They said, 'No, by Allah, we will not help you in it at all.' I became angry and got off and took them and then I mounted and attacked the ass and stabbed it. Then I brought it when it was dead. They began to eat it and then they were unsure about eating it as they were in ihram. We travelled and I concealed its foreleg with me. We caught up to the Messenger of Allah, may Allah bless him and grant him peace, and asked him about that. He said, 'Do you have any of it with you?' I said, 'Yes.' I gave him the foreleg and he ate it until he had cleaned it while he was in ihram."
Another isnad.
IV: The one who asks for something to drink
Sahl said, "The Prophet, may Allah bless him and grant him peace, said to me, 'Give me water.'"
2432. It is related that Anas was heard to say, "The Messenger of Allah, may Allah bless him and grant him peace, came to us in this house of ours and asked for something to drink. We milked for him a sheep which we had and then mixed it with water from this well of ours. I gave it to him while Abu Bakr was at his left, 'Umar was in front of him and a bedouin was at his right. When he finished, 'Umar said, 'This is Abu Bakr.' He gave the bedouin what was left and then said, 'The right and then the right. Begin with the right.'" Anas said, "It is sunna. It is sunna," three times.
V: Accepting a gift of game
The Prophet, may Allah bless him and grant him peace, accepted a foreleg of game from Abu Qatada.
2433. It is related that Anas said, "We made a rabbit bolt from its hole at Marr az-Zahran and the people ran after it but got tired. I got to it and took it and brought it to Abu Talha who slaughtered it and sent its haunch or thighs to the Messenger of Allah, may Allah bless him and grant him peace. [He [Shu'ba] said, "There is no doubt that it was its thighs."] He accepted it." [Hisham said,] "I asked, 'Did he eat some of it?' He replied, 'He ate some of it.' Then he said later, 'He accepted it.'"
VI: Accepting a gift
2434. It is related that as-Sa'b ibn Jaththama gave the Messenger of Allah, may Allah bless him and grant him peace, a wild ass while he was at al-Abwa' or Waddan, but he returned it to him. When he saw the reaction to that in his face, the Prophet said, "We only returned it to you because we are in ihram."
2435. It is related from 'A'isha that the people used to aim to send their gifts on 'A'isha's day, seeking by it - or seeking by that - the pleasure of the Messenger of Allah, may Allah bless him and grant him peace.
2436. It is related that Ibn 'Abbas said, "Umm Hufayd, the maternal aunt of Ibn 'Abbas, gave the Prophet, may Allah bless him and grant him peace, some cottage cheese, ghee and some lizards. The Prophet, may Allah bless him and grant him peace, ate some of the cottage cheese and ghee and left the lizard out of dislike." Ibn 'Abbas said, "It was eaten at the table of the Messenger of Allah, may Allah bless him and grant him peace, and if it had been unlawful, it would not have been eaten at the table of the Messenger of Allah, may Allah bless him and grant him peace."
2437. It is related that Abu Hurayra said, "When the Messenger of Allah, may Allah bless him and grant him peace, was brought some food, he would ask about it, 'Is it a gift or sadaqa?' If he was told that it was sadaqa, he would say to his Companions, 'Eat,' but he would not eat. If he was told that it was a gift, he would quickly begin to eat with them."
2438. It is related that Anas ibn Malik said, "The Prophet, may Allah bless him and grant him peace, was brought some meat and was told, 'It is sadaqa for Barira.' He said, 'It is sadaqa for her and a gift for us.'"
2439. It is related from 'A'isha that she wanted to buy Barira and her people made a stipulation that they would keep her wala'. It was mentioned to the Prophet, may Allah bless him and grant him peace, and the Prophet, may Allah bless him and grant him peace, said, "Buy her and set her free. The wala' is with the one who sets free." She was given some meat and the Prophet, may Allah bless him and grant him peace, was told, "This is sadaqa for Barira." The Prophet, may Allah bless him and grant him peace, said, "It is sadaqa for her and a gift for us." She was given a choice [of whether to remain married.]
'Abdu'r-Rahman said, "Was her husband a free man or a slave?" Shu'ba said, "I asked 'Abdu'r-Rahman about her husband and he said, "I do not know whether he was a free man or a slave."
2440. It is related that Umm 'Atiyya said, "The Prophet, may Allah bless him and grant him peace, visited 'A'isha and asked, 'Do you have anything [to eat]?' She replied, 'No, except for some sheep which Umm 'Atiyya sent which had been sent to her as sadaqa.' He said, 'It has reached its place.'"
VII: The one who gave a gift to his friend aiming for a time when he was with one of his wives rather than another
2441. It is related that 'A'isha said, "The people used to aim to give gifts on my day." Umm Salama said, "My companions (the wives) gathered together and I mentioned it to the Prophet, but he ignored it."
2442. It is related from 'A'isha that the wives of the Messenger of Allah, may Allah bless him and grant him peace, fell into two parties. One party contained 'A'isha, Hafsa, Safiyya and Sawda, and the other party contained Umm Salama and the rest of the wives of the Messenger of Allah, may Allah bless him and grant him peace. The Muslims knew of the love of the Messenger of Allah, may Allah bless him and grant him peace, for 'A'isha, so when any of them had a gift which he wanted to give to the Messenger of Allah, may Allah bless him and grant him peace, he would delay it until the Messenger of Allah, may Allah bless him and grant him peace, was in 'A'isha's house. Then the person with the gift would send it to the Messenger of Allah, may Allah bless him and grant him peace, while he was in 'A'isha's house. The party of Umm Salama spoke about it and said to her, "Tell the Messenger of Allah, may Allah bless him and grant him peace, to speak to the people and say, 'Whoever wants to give a gift to the Messenger of Allah, may Allah bless him and grant him peace, should give it to him in the house of whichever wife he is.'" Umm Salama spoke to him about what they had said, but he did not say anything. They asked her and she said, "He did not say anything to me." They said to her, "Speak to him." She said, "She spoke to him when he went around to her as well, but he did not say anything to her. They asked her and she said, 'He did not say anything to me.' They said to her, 'Speak to him until he speaks to you.' He went around to her and she spoke to him. He said to her, 'Do not injure me regarding 'A'isha. The revelation does not come to me when I am in the garment of any woman except 'A'isha.'" She said, "She said, 'I repent to Allah from injuring you, Messenger of Allah.' Then they called Fatima, the daughter of the Messenger of Allah, and sent her to the Messenger of Allah, may Allah bless him and grant him peace, to say, 'Your wives ask you by Allah for fairness regarding the daughter of Abu Bakr." She spoke to him and he said, 'O my daughter, do you not love what I love?' She said, 'Yes indeed.' She returned to them and informed them. They said, 'Go back to him,' but she refused to go back. They sent Zaynab bint Jahsh and she went to him and spoke harshly, saying. 'Your wives ask you by Allah for fairness regarding the daughter of Ibn Abi Quhafa.' She raised her voice until she turned to 'A'isha, who was sitting down, and abused her until the Messenger of Allah, may Allah bless him and grant him peace, looked at 'A'isha to see if she would speak. 'A'isha spoke to answer back Zaynab until she had silenced her." She said, "The Prophet, may Allah bless him and grant him peace, looked at 'A'isha and said, 'She is indeed the daughter of Abu Bakr.'"
Al-Bukhari said that the last words is the story of Fatima which is mentioned from Hisham ibn 'Urwa from a man from az-Zuhri from Muhammad ibn 'Abdu'r-Rahman.
Abu Marwan said from Hisham from 'Urwa, "The people used to aim to send their gifts on the day of 'A'isha."
By another isnad, 'A'isha said, "I was with the Prophet, may Allah bless him and grant him peace, when Fatima asked for permission to enter."
VIII: Gifts which should not be rejected
2443. It is related that 'Azra ibn Thabit al-Ansari said, "When I visited Thumama ibn 'Abdullah, he gave me some scent and said, 'Anas will never refuse scent.' He said, 'Anas claimed that the Prophet, may Allah bless him and grant him peace, would not refuse scent."
IX. CHAPTER: The one who thought it was permitted to give something which was not present
2444. It is related from al-Miswar ibn Makhrama and Marwan, "When the delegation of Hawazim came to the Prophet, may Allah bless him and grant him peace, he got up among the people and praised Allah as He is worthy and then said, 'As for what follows: your brothers have come in repentance and I think that their captives should be returned to them. Whoever of you is happy with that should do it. Whoever of you wants to have his share until we pay him from the first spoils which Allah brings us can do it.' The people said, 'We are content for your sake.'"
X: Reciprocity in gifts
2445. It is related that 'A'isha said, "The Messenger of Allah, may Allah bless him and grant him peace, would accept gifts and give something in return."
Waki' and Muhadir did not mention it from Hisham from his father from 'A'isha.
XI: A gift to a son. If someone gives something to one of his sons, it is not permitted unless he treats them equally and gives the others the like of it, but none should testify against him
The Prophet, may Allah bless him and grant him peace, said, "Treat your sons equally regarding the gift."
Can a father take back his gift? What he can eat his sons's property in a reasonable manner without doing to excess.
The Prophet, may Allah bless him and grant him peace, bought a camel from 'Umar and then gave it to Ibn 'Umar and said, "Do what you like with it."
2446. It is related from an-Nu'man ibn Bashir is that his father brought him to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'I gave this son of mine a slave I had.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Did you give every son of yours the same thing?' He answered, 'No.' The Prophet, may Allah bless him and grant him peace, said, 'Then take him back.'"
XII: Witnesses to a gift
2447. It is related that 'Amir said, "I heard an-Nu'man ibn Bashir say while he was on the minbar, 'My father gave me a gift, but 'Amra bint Rawaha said, "I am not content unless you make the Messenger of Allah, may Allah bless him and grant him peace, a witness." So he went to the Messenger of Allah, may Allah bless him and grant him peace, and said, "I have given a gift to my son by 'Amra bint Rawaha and she told me to have you act as a witness, Messenger of Allah." He said, "Did you do this for all of your sons?' He said, "No." He said, "Fear Allah and be just to your children."' He said, 'He returned and took his gift back.'"
XIII: A husband giving gifts to his wife and a wife to her husband
Ibrahim said, "It is permitted." 'Umar ibn 'Abdu'l-'Aziz said, "They should not take it back." The Prophet, may Allah bless him and grant him peace, asked his wives for permission to be nursed in the house of 'A'isha. The Prophet, may Allah bless him and grant him peace, said, "Someone who takes back a gift is like a dog returning to its own vomit."
Az-Zuhri said about the one who says to his wife, "Give me some - or all - of your bride-price,' and then shortly afterwards divorces her, and then she demands it back that he should return it to her if he deceived her. If she gave it to him gladly and there was absolutely no duplicity involved on his part, the gift is allowed. Allah Almighty says, "But if they are happy to give you some of it..." (4:4)
2448. It is related that 'A'isha said, " "When the illness of the Prophet, may Allah bless him and grant him peace, became severe and his pain was intense, he asked his wives for permission to be nursed in my room and they gave him their permission. He came out between two men, his feet dragging on the ground. It was between 'Abbas and another man.
'Ubaydullah said, "I mentioned what 'A'isha had said to Ibn 'Abbas, and he said to me, 'Do you know who the man whom 'A'isha did not name was?' I said, 'No.' He said, 'It was 'Ali ibn Abi Talib.'"
2449. It is related that Ibn 'Abbas said that the Prophet, may Allah bless him and grant him peace, said, "Someone who takes back a gift is like a dog returning to its own vomit."
XIV: A woman giving gifts to other than her husband and her setting slaves free while she has a husband is permitted as long as she is not simple-minded. If she is simple-minded, it is not permitted.
Allah Almighty says, "Do not hand over to the simple-minded any property of yours." (4:5)
2450. It is related that Asma' said, "I said, 'Messenger of Allah, I do not have any property except what az-Zubayr has given to me. Can I give sadaqa?' He said, 'Give sadaqa and do not withhold or it will be withheld from you.'"
2451. It is related from Asma' that the Messenger of Allah*, may Allah bless him and grant him peace, said, "Spend out. Do not be limited or Allah will be limited with you. Do not withhold or Allah will withhold from you."
2452. It is related from Kurayb, the client of Ibn 'Abbas, that Maymuna bint al-Harith informed him that she had freed a slavegirl without asking permission from the Prophet, may Allah bless him and grant him peace. On her day when he came around to her, she said, "Are you aware, Messenger of Allah, that I have freed my slavegirl?" He asked, "Did you do so?" She replied, "Yes.' He said, "If you had given her to your maternal uncles, you would have had a greater reward."
2453. It is related that 'A'isha said, "When the Messenger of Allah, may Allah bless him and grant him peace, wanted to travel, he would draw lots between his wives, and he would take with him the one who had her lot come out. He used to give each wife her day and night although Sawda bint Zam'a gave her day and night to 'A'isha, the wife of the Prophet, desiring by that to please the Messenger of Allah, may Allah bless him and grant him peace.
XV: On the one to whom one first gives a gift
2454. It is related from Kurayb, the client of Ibn 'Abbas that Maymuna, the wife of the Messenger of Allah*. freed a slavegirl of her and he said to her, "If you had given her to one of your maternal uncles, your reward would have been greater."
2455. It is related that 'A'isha said, "I said, 'O Messenger of Allah, I have two neighbours. To which of them should I give?' He said, 'To the one whose door is closer to you.'"
XVI: The one who did not accept a gift for a reason
'Umar ibn 'Abdu'l-'Aziz said, "The gift in the time of the Messenger of Allah, may Allah bless him and grant him peace, was a gift. Today it is a bribe."
2456. It is related that 'Abdullah ibn 'Abbas reported that he heard as-Sa'b ibn Jaththama al-Laythi, one of the Companions of the Prophet, report that he gave the Messenger of Allah, may Allah bless him and grant him peace, a wild ass while he was at in ihram at al-Abwa' or Waddan, but he returned it. [He said,] "When he recognised in my face the effect of his returning my gift, he said, 'We are not returning it to you, but we are in ihram.'"
2457. It is related that Abu Humayd as-Sa'idi said, ""The Prophet, may Allah bless him and grant him peace, appointed a man from al-Azd, called Ibn Al-Lutiyya, to collect the zakat. When he arrived back, he said, 'This is for you and this was given as a gift to me.' He said, 'Why did he not sit in the house of his father or mother to see whether a gift would come to him or not? By the One who has my soul in His hand, none of you will take anything without right but that he will carry it on his back on the Day of Rising, be it a camel which is grumbling, or a cow which is mooing, or a sheep which is bleating.' Then he raised his hands until the whites of his armpits could be seen, and said, 'O Allah! Have I conveyed it?' three times."
XVII: When someone gives a gift or promises to do so and then dies before the gift has reached the recipient
'Abida said, "If he dies and the gift has been set aside while the one who was given it was alive, then it is for his heirs. If it was not set aside, it is for the heirs of the one who gave it." Al-Hasan said, "No matter which one dies before, it is for the heirs of the one to whom it was given if it has been given to the messenger."
2458. It is related that Jabir ibn 'Abdullah was heard to say, "The Prophet, may Allah bless him and grant him peace, said, 'If the money of Bahrayn comes, I will give you such-and-such.' The money of Bahrayn did not come until the Prophet, may Allah bless him and grant him peace, had died. When the money of Bahrayn came, Abu Bakr commanded that it be announced, 'Whoever has a promise with the Prophet, may Allah bless him and grant him peace, or a debt should come to us.' I came to him and said, 'The Prophet, may Allah bless him and grant him peace, promised me such-and-such.' He gave me a double handful three times."
XVIII: How to take a slave and goods
Ibn 'Umar said, "I riding a difficult camel which the Prophet, may Allah bless him and grant him peace, bought. Then he said, "It is yours, Abu 'Abdullah."
2459. It is related that al-Miswar ibn Makhrama said, "The Messenger of Allah, may Allah bless him and grant him peace, divided up some cloaks, but did not give any of them to Makhrama. Makhrama said, 'My son, come with me to the Messenger of Allah, may Allah bless him and grant him peace.' I went with him and he said, 'Go in and call him to me.'" He said, 'I called him to him and he came out to him wearing one of the cloaks. He said, 'We kept this for you.'" He said, "He looked at it and the Prophet said, 'Makhrama is pleased.'"
XIX: When someone gives a gift and the other person takes it without saying, "I have accepted."
2460. It is related that Abu Hurayra said, "A man came up to the Prophet, may Allah bless him and grant him peace, and said, 'I am destroyed.' He asked, "Why is that?' He said, 'I had sexual intercourse with my wife during Ramadan.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Can you find a slave to set free?' He answered, 'No.' He then asked, 'Are you able to fast for two consecutive months?' He replied, 'No.' He said, 'Are you able to feed sixty poor people?' He answerted, 'No.'" A man of the Ansar brought a basket of dates. ('Araq is the basket.) He said, ''Take this and give it away as sadaqa.' The man said, 'To one poorer than me, Messenger of Allah? By the One who sent you with the truth, there is no family between the two harras which is poorer than the people of my household.' He said, 'Go and feed it to your family.'"
XX: When someone gives a debt he is owed to a man
Shu'ba said from al-Hakam that it is permitted. Al-Hasan ibn 'Ali, peace be upon both of them, gave his debt to a man.
The Prophet, may Allah bless him and grant him peace, said, "Whoever owes someone a debt, should pay it or ask to have it absolved from him." Jabir said, "My father was killed while owing debts. The Prophet, may Allah bless him and grant him peace, asked his creditors to accept the dates of my garden and absolve my father."
2461. It is related that Jabir ibn 'Abdullah reported that his father was killed as a martyr in the Battle of Uhud while he owed debts. "The creditors were insistent in demanding their rights. I went to the Messenger of Allah, may Allah bless him and grant him peace, and spoke to him. He asked them to accept the fruits of my garden and absolve my father, but they refused, so the Prophet, may Allah bless him and grant him peace, did not give them the fruits of my garden nor cut the fruits for them. He said, 'I will come to you tomorrow.' He came in the morning of the next day and walked around in the palms and prayed for the fruit to have blessing. Then I picked them and paid them their rights and we still had dates left over.' Then I went to the Messenger of Allah, may Allah bless him and grant him peace, who was sitting down and informed him about that. The Messenger of Allah, may Allah bless him and grant him peace, said to 'Umar, who was sitting there, 'Listen, 'Umar!' He said, 'Is it not so? We know that you are the Messenger of Allah. By Allah, you are the Messenger of Allah!'"
XXI: The gift of one person to a group
Asma' said to al-Qasim ibn Muhammad and Ibn Abi 'Atiq, "I inherited from land at al-Ghaba from my sister 'A'isha and Mu'awiya offered me a hundred thousand for it. It is yours."
[Al-Qasim ibn Muhammad is the grandson of Abu Bakr, and Ibn Abi 'Atiq is Abu Bakr 'Abdullah ibn Abi 'Atiq ibn 'Abdu'r-Rahman ibn Abi Bakr. Al-Ghaba is a place close to Madina, above it]
2462. It is related from Sahl ibn Sa'd that the Prophet, may Allah bless him and grant him peace, was brought a drink and drank from it. On his right was a boy while the old men were on his left. He said to the boy, "Will you give me permission to give it to these men?" He answered, "I would not give preference to my portion from you to anyone, Messenger of Allah," so he put it in his hand.
XXII: Gifts which are received and not received, divided and not divided
The Prophet, may Allah bless him and grant him peace, and his Companions gave Hawazin the booty which they had taken from them and it was not divided.
It is related that Jabir said, "I came to the Prophet, may Allah bless him and grant him peace, in the mosque and he paid me and gave me extra."
2463. It is related that Jabir ibn 'Abdullah was heard to say, "On a journey I sold the Prophet, may Allah bless him and grant him peace, a camel. When we came to Madina, he said, 'Come to the mosque and pray two rak'ats.' Then he weighed it (i.e. the price)."
Shu'ba said, "I think it was, 'He weighed it for me and gave more. I still had some of it until the people of Syria took it on the day of the Battle of Harra.'"
2464. It is related from Sahl ibn Sa'd that the Messenger of Allah, may Allah bless him and grant him peace, was brought a drink and on his right was a boy while some old men were on his left. He said to the boy, "Will you give me permission to give it to these men?" He answered, "No, by Allah! I would not prefer anyone else to take my portion from you," so he placed it in his hand.
2465. It is related that Abu Hurayra said, "The Prophet, may Allah bless him and grant him peace, owed a man a debt and his Companions wanted to attack the man. He said, 'Leave him alone. The one with a owed a right can speak.' He said, 'Buy him one (o.e. a camel) of that age and give it to him.' They said, 'We only found one older (and better) than it. He said, 'Buy it and give it to him. The best of you is the best of you in fulfilling rights.'"
[See 2182]
XXIII: When a group gives to some people
2466. It is related from Marwan ibn al-Hakam and al-Miswar ibn Makhrama that when the delegation of Hawazin came to the Prophet, may Allah bless him and grant him peace, as Muslims, they asked him to return to them their property and captives. He said to them, 'I have what you see. The statement I love the best is the most truthful. Choose between one of two groups - either the captives or the property. I have delayed distributing them.' The Prophet, may Allah bless him and grant him peace, had waited for them for about ten days since he returned from Ta'if. When it was apparent to them that the Messenger of Allah, may Allah bless him and grant him peace, would only return one of the two groups to them, they said, 'We will take our captives.' The Messenger of Allah, may Allah bless him and grant him peace, got up among the Muslims and praised Allah as He is worthy and then said, 'As for what follows: these brothers of yours have come in repentance and I think that their captives should be returned to them. Whoever of you is happy with that should do it. Whoever of you wants to have his share until we pay him from the first spoils which Allah brings us can do it. The people said, 'We are content with that for them, Messenger of Allah.' He said to them, 'We do not know who among you has allowed it and who has not. Go back so that your leaders can inform us of your business.' The people went back and their leaders spoke to them and then returned to the Messenger of Allah, may Allah bless him and grant him peace, and told him, 'They are happy with that and give their permission.' This is what reached us about the captives of Hawazin."
These are the final words of az-Zuhri, i.e. "This is what reached us."
XXIV: The one who is given a gift while people are sitting with him is the most entitled to it
It is reported from Ibn 'Abbas, "Those sitting with him are partners," but it is not a sound report.
2467. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, had taken [on loan] a camel of a certain age and its owner came to demand it be repaid. The Prophet said, "The owner of the right can speak." Then he repaid him with a camel of a better age and said, "The best of you is the best of you in fulfilling rights."
2468. It is related from Ibn 'Umar that he was with the Prophet, may Allah bless him and grant him peace,on a journey and was riding a difficult camel which belonged to 'Umar. He kept getting ahead of the Prophet, may Allah bless him and grant him peace, and his father said, "'Abdullah, no one should get ahead of the Prophet, may Allah bless him and grant him peace." The Prophet, may Allah bless him and grant him peace, said to him, "Sell it to me." 'Umar said, "It is yours," so he bought it and then said, "It is yours, 'Abdullah, do so what you wish with it."
XXV: When someone gives a camel to a man while he is riding it, that is permitted
2469. It is related that Ibn 'Umar said, "We were on a journey with the Prophet, may Allah bless him and grant him peace, and I was on a difficult camel. The Prophet, may Allah bless him and grant him peace, said to 'Umar, 'Sell it to me.' So he bought it and the Prophet, may Allah bless him and grant him peace, said, 'It is yours, 'Abdullah.'"
XXVI: A gift which it is disliked to wear
2470. It is related that 'Abdullah ibn 'Umar said, "'Umar ibn al-Khattab saw a silk robe at the door of the mosque and said, 'Messenger of Allah, you could buy it and wear it on the day of Jumu'a and for delegations.' He said, 'It is worn by the one who has no portion in the Next World.' Then silk robes arrived and the Messenger of Allah, may Allah bless him and grant him peace, gave 'Umar one of the robes. He asled, 'Do you give it to me to wear when you said what you said about the robes of 'Atarid?' He said, 'I did not give it to you to wear.' So 'Umar gave it to wear to a brother of his in Makka who was an idolater."
2471. It is related that Ibn 'Umar said, "The Prophet, may Allah bless him and grant him peace, went to the house of Fatima, but did not enter it. 'Ali came and she mentioned that to him and so he mentioned it to the Prophet, may Allah bless him and grant him peace. He said, 'I saw a striped multi-coloured curtain at her door.' He added, 'What do I have to do with this world?' So 'Ali went to her and mentioned that to her and she said, 'Let him command me what he likes about it.' He said, 'Send it to so-and-so, the people of a house who were in need.'"
2472. It is related that 'Ali said, "The Prophet, may Allah bless him and grant him peace, gave me a silk robe and I wore it. I saw anger in his face, so I cut it up and divided it between my women."
[The women were: his wife, mother, niece, and the wife of his brother.]
XXVII: Accepting a gift from the idolaters
Abu Hurayra reported from the Prophet, may Allah bless him and grant him peace, "Ibrahim, peace be upon him, emigrated with Sara and entered a town where there was a king or a tyrant. He said, 'Give her Ajar.'"
The Prophet, may Allah bless him and grant him peace, was given a poisoned sheep.
Abu Humayd said, "The king of Ayla gave the Prophet, may Allah bless him and grant him peace, a white mule and clothed him with a cloak and wrote to him appointing him over their land."
2473. It is related that Anas said, "The Prophet, may Allah bless him and grant him peace, was given a silk brocade jubbah and he had forbidden silk. The people admired it and he said, 'By the One who has the soul of Muhammad in His hand, the handkerchief of Sa'd ibn Mu'adh in the Garden is better than this!'"
Anas said, "Ukaydir of Duma gave a gift to the Prophet*..."
[He was their king. It is a town near Tabuk.]
2474. It is related from Anas ibn Malik: "A Jewess brought a poisoned sheep to the Prophet, may Allah bless him and grant him peace, from which he ate. She was brought and it was said, 'Should we not kill her?' He said, 'No.' I continued to see its effects on the uvula of the Messenger of Allah, may Allah bless him and grant him peace."
2475. It is related that 'Abdu'r-Rahman ibn Abi Bakr said, "There were a hundred and thirty of us with the Prophet, may Allah bless him and grant him peace. The Prophet, may Allah bless him and grant him peace, said, 'Does any of you have any food with him?' One man had about a sa' of food and it was kneaded with water. Then a very tall man who was an idolater came with some sheep he was driving. The Prophet, may Allah bless him and grant him peace, said, 'Are they for sale or a gift?' (or he said 'hiba' instead of ''atiyya') He said, 'For sale.' So he purchased a sheep from him and it was slaughtered. The Prophet, may Allah bless him and grant him peace, commanded that its inner organs [or liver] be roasted. By Allah, there was not one among the one hundred and thirty to whom the Prophet, may Allah bless him and grant him peace, did not give a piece of its liver. If he was present, he gave it to him, and if he was absent, he kept it for him. He put it into two large bowls and everyone ate and we were full and there were two bowls extra which we carried on the camel,' or words to that effect.
XXVIII: Gifts to idolaters
The words of Allah Almighty, "Allah does not forbid you from being good to those who have not fought you in the deen or driven you from your homes, or from being just towards them." (60:8)
2476. It is related that Ibn 'Umar said, "'Umar saw a silk robe on a man which was being sold and said to the Prophet, may Allah bless him and grant him peace, 'Buy this robe to wear wear on the day of Jumu'a and the delegations come to you.' He said, 'This is worn by the one who has no portion in the Next world.' Then the Messenger of Allah, may Allah bless him and grant him peace, was given some similar robes and he sent one of the robes to 'Umar. 'Umar said, 'Do you give it to me to wear when you said what you said about them?' He answered, 'I did not give it to you to wear. You can sell it or give it to someone to wear.' So 'Umar sent it to a brother of his in Makka before he had become Muslim."
2477. It is related that Asma' bint Abi Bakr said, "My mother came to me during the time of the Messenger of Allah, may Allah bless him and grant him peace, while she was still an idolater and I asked the Messenger of Allah, may Allah bless him and grant him peace, 'My mother has come to me, and she is still averse [to Islam]. Shall I give it to her as kin?' He answered, 'Yes. Give to your mother.'"
XXIX: It is not lawful for someone to take back his gift or his sadaqa
2478. It is related that Ibn 'Abbas said that the Prophet, may Allah bless him and grant him peace, said, "Someone who takes back a gift is like a dog returning to its own vomit."
2479. It is related that Ibn 'Abbas said that the Prophet, may Allah bless him and grant him peace, said, "We do not set a bad example. The one who takes back his gift is like a dog returning to its own vomit."
2480. It is related that 'Umar ibn al-Khattab was heard to say, "I gave someone a horse to ride in the way of Allah. The one who had it neglected it and I wanted to buy it from him and I thought that he would sell it cheaply. I asked the Prophet, may Allah bless him and grant him peace, about that and he said, 'Do not buy it, even if he gives it to you for a single dirham. Someone who takes back his sadaqa is like the dog who returns to its own vomit.'"
2481. It is related from 'Abdullah ibn Abi Mulayka that the two sons of Suhayb, the client of Ibn Jud'an, laid claim to two houses and a room, saying that the Messenger of Allah, may Allah bless him and grant him peace, had given that to Suhayb. Marwan asked, "Who will testify to that on your behalf?" They said, "Ibn 'Umar." He summoned him and he testified that the Messenger of Allah, may Allah bless him and grant him peace, had given Suhayb two houses and a room. Marwan judged in their favour on the basis of his testimony.
XXX: What is said about the "'umrâ" and the "ruqbâ"
"I give him the house as 'umra means "I have made it over to him to live in." "He has settled you in it" (11:61) means "He has made you live in it."
2482. It is related from Jabir that the Prophet, may Allah bless him and grant him peace, gave a judgement that the 'umra was valid and that it belonged to the one to whom it was given.
2483. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "The 'umra is permitted."
'Ata' said, "Jabir related the like of that from the Prophet, may Allah bless him and grant him peace."
XXXI: Someone who borrows a horse from people
2484. It is related that Anas was heard to say, "There was an alarm in Madina and the Prophet, may Allah bless him and grant him peace, borrowed a horse belonging to Abu Talha called al-Mandub and rode it. When he returned, he said, 'We did not see anything, and we found the horse like a sea [i.e. able to cover large distances easily].'"
XXXII: Borrowing things for the bride at a wedding
2485. It is related that Ayman said, "I visited 'A'isha and she was wearing a coarse cotton dress worth five dirhams. She said, 'Lift your eyes and look at my slavegirl. She is too proud to wear it in the house, but I had one of coarse cotton in the time of the Messenger of Allah, may Allah bless him and grant him peace, which any woman in Madina who was adorning herself for her wedding would fail to ask to borrow.'"
XXXIII: The excellence of the maniha (a she-camel or sheep lent to someone for milking)
2486. It is related from Abu Hurayra £ that the Messenger of Allah, may Allah bless him and grant him peace, said, "How excellent is the maniha given as a gift, one which has recently given birth and has abundant milk, and the sheep with abundant milk, giving a bowl in the morning and a bowl in the evening!'
'Abdullah ibn Yusuf and Isma'il related that Malik said, "It is excellent sadaqa!"
2487. It is related that Anas ibn Malik said, "When the Muhajirun came to Madina from Makka, they possessed nothing. The Ansar were people of land and property. The Ansar shared with them on the basis that they would give them the fruits of their property every year and they [the Muhajirun] would spare them from work and agriculture." His mother was the mother of Anas and the mother of Sulaym and also the mother of 'Abdullah ibn Abi Talha. The mother of Anas gave the Messenger of Allah, may Allah bless him and grant him peace, some date-palms which the Prophet, may Allah bless him and grant him peace, later gave to Umm Ayman, his client, the mother of Usama ibn Zayd.
Ibn Shihab said that Anas ibn Malik reported to him that when the Prophet, may Allah bless him and grant him peace, finished fighting the people of Khaybar and returned to Madina, the Muhajirun returned to the Ansar their maniha gifts whose fruits they used to enjoy. The Prophet, may Allah bless him and grant him peace, returned her date-palms to his mother and the Messenger of Allah, may Allah bless him and grant him peace, gave Umm Ayman some of the trees of his garden in their place.
This is related from Yunus and he said, "In their place from his own property."
2488. It is related that 'Abdullah ibn 'Amr was heard to state that the Messenger of Allah, may Allah bless him and grant him peace, said, "There are forty good qualities, the highest of which is giving away all of an animal's milk. If anyone acts with any one of these qualities hoping for its reward and affirming what is promised by it, on account of it Allah will admit him to the Garden."
Hassan said, "We tried to count what was less than the maniha of a goat: returning the greeting, bleezing the sneezer and removing something harmful from the road and the like. We could not even reach fifteen qualities."
2489. It is related that Jabir said, "A man among us might have some excess land. They would say, 'We will hire it out for a third, a fourth and a half. The Prophet, may Allah bless him and grant him peace, said, 'Whoever has land should cultivate it, or give it (for nothing). If he does not do that, he should cling on to his land.'"
2490. It is related that Abu Sa'id al-Khudri said, "A bedouin came to the Prophet, may Allah bless him and grant him peace, and asked him about hijra and he said, 'Woe to you! Hijra is a hard business. Do you have any camels?" He answered, 'Yes.' He asked, 'Do you pay their zakat?' He said, 'Yes.' He asked, 'Do you give any of them as maniha?' He said, 'Yes.' He asked, 'Do you milk them on the day you water them?' He said, 'Yes.' He said, Work beyond the seas*, Allah will not neglect any action you do.'"
[One variant has tujjar (merchants) rather than bihar (seas).]
2491. It is related from Tawus that the one among them with the most knowledge regarding that, i.e. Ibn 'Abbas related to him that the Prophet, may Allah bless him and grant him peace, went out to some land which was rustling with its flourishing cultivation and asked, "To whom does this belong?" They said, "So-and-so has rented it." He said, "It is better for one of you to give it to his brother than to take a stipulated fee for it."
XXXIV: If someone says, "I let this slavegirl serve you according to the normal custom of the people," it is permitted.
Some people said, "This is a loan. If he says, 'I have clothed you in this garment,' then it is a gift.'"
2492. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Ibrahim emigrated with Sara and they gave her Ajar. She returned and said, 'Do you know that Allah has humiliated the unbeliever and He has given the service of a slavegirl?'"
Ibn Sirin reported from Abu Hurayra from the Prophet, may Allah bless him and grant him peace, "He gave her the services of Hajar."
XXXV: When a man lets someone ride a horse, it is like the 'umrâ or sadaqa
[See 2482]
Some people say that he has the right to reclaim it.
2493. It is related that 'Umar said, "I gave someone a horse to ride in the way of Allah. Then I saw him selling it and I asked the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'Do not buy it. Do not take back your sadaqa.'"