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رضى الله عنه reported that Sayyiduna Samurah رحمه الله (Sayyiduna Hasan (Busri .2996
narrated that the Prophet صلى الله عليه وسلم said, "He who surrounded a (barren) land with
,
a wall, it belongs to him."
COMMENTARY: According to the hadith, ownership of a barren land is established by the
erection of a boundary wall round it. Imam Ahmad att, abides by this direction while the
other three imam hold that ownership of such land is established only after it is made
habitable. This has been explained in the beginning of the chapter. The hadith will be
interpreted to mean that the wall is put up round the land to enable residence thereon.
PROPHET'S صلى الله عليه وسلم GIFTS OF BARREN LAND TO THE SAHABAH (PROPHET'S
رضى الله عنهم (COMPANIONS
(٢٩٩٧) وَعَنْ أَسْمَاءَ بِئْتٍ آبيْ بَكْرٍ أَّ رَسُوْلَ اللَّهِ صَلَى اللهُ عَلَيْهِ وَسَلَّمَ أَقْطَعَ لِلِزُّبَيْرِ تَخِيْلًا - (رواه ابوداؤد)
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyidah Asma bint Abu Bakr .2997
رضى الله عنه- handed over ownership of some palm trees to (Sayyiduna) Zubayr وسلم
COMMENTARY: Those trees were either from the Khums, or they stood on the barren land
.رضى الله عنه presented to Sayyiduna Zubayr
(٢٩٩٨) وَعَنِ ابْنٍ ثُمَرَ أَكّ النَّبِىَّ صَلَى اللّهُ عَلَيْهِ وَسَلَّمَ أَقْطَةٌ لِلْزُّبَيْرِ خُضْرَ فَرَسِهٍ فَأَجْرِى فَرَسَهُ حَتَّى قَّاهـ
ثُمَّ رَفى بِسَوْطٍِ فَقَالَ أَعْلُوُهُ مِنْ حَيْثُ بَلَغَ السَّوْطُ-(رواه ابوداؤد)
2998. Sayyiduna Ibn Umar رضى الله عنه narrated that the Prophet صلى الله عليه وسلم allot ed to
(Sayyiduna) Zubayr wsà», all the land his horse could cover at a run so, he made it
run and when it stopped (at a distance), he threw his whip (from there), so, the
Prophet صلى الله عليه وسلم said, "Let him have it till where his whip has reached."2
(٢٩٩٩) وَعَنْ عَلْقَمَةَ بْنِ وَائِلٍ عَنْ آَيْهِ آَتَّ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَقْطَعَهُ أَرْضًا بِحَضْرَ مَوْتَ قَالَ فَأَرُسَلٌ
مَعِىَّ مُعَاوِيَةً قَالَ أَعْطِهَا إِيَّاهُ- (رواه الترمذى والدارمى)
2999. Sayyiduna Alqamah ibn Wa'il aw, narrated on the authority of his father that
the Prophet صلى الله عليه وسلم allotted to him a piece of land in Hadramawt. He said, "He
sent Mu'awiyah with me instructing him, 'Give it to him.'3
COMMENTARY: The mount as sarah extends from Yemen to the Arabian peninsula,
from its south west corner to the east turning along the southern coast to a long
distance. The area this mountain range covers is called Hardramawt nearly all of it is
barren and made up of desolate mountains. They are not very high and are
uncultivable because of poor rain. However, some of their valleys are relatively
hospitable, one such is the valley Hadramawt.
Sayyiduna wa'il ibn Hajr ais ano, was a prince of the decent royal family of this area. His
father was the monarch of the place. When he learnt of the Prophet's صلى الله عليه وسلم call to
1 Abu Dawud # 3069.
2 Abu Dawud # 3072, Musnad Ahmad 2-156.
3 Tirmidhi # 1386, Abu Dawud # 3058, Darimi # 2609, Musnad Ahmad 6-399.

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Islam, he took a deputation of his people to meet him. As he departed from Hadramawt,
the Prophet صلى الله عليه وسلم informed the Sahabah (Prophet's Companions) رضى الله عنهم before his
arrival: (وهو بقية أبناء الملوك) (and he is the surviving son of the kings). When he came and met
the prophet ,ale ut to, he received him warmly and made him sit near him on his mat.
Then he made him ruler of Hadramawt, bestowing on him some of its lands.
(٣٠٠٠) وَعَنْ أَنْيَضَ بْنِ حَمَّالِ الْمَأْرَبِيِ آَنَّهُ وَقَدَ إِلَى رَسُولِ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَاسْتَقْطَعَهُ الْمِلُعَ الَّذِىُّ
بِمَارِبَ فَأَقْطَعَهُ إِيَّاهُ فَلَنَّا وَلَّى قَالَ رَجُلْ يَارَسُولَ اللَّهِ إِنَّمَا أَقْطَعْتَ لَهُ الْمَاءِ الْعِدَّ قَالَ فَرَجَعَهُ مِنْهُ قَالَ وَسَأَلَهُ
مَاذَا ايُحُفِى مِنَ الْآَرَاكِ قَالَ مَالَمْ تَتَلُهُ أَخْفَافُ الْإِبِلِ - (رواه الترمذى وابن ماجة والدارمى)
3000. Sayyiduna Abyad ibn Hammal al-Marabi narrated that he came to Allah's
Messenger ,,leano and requested him to allot to him the (mine of) salt in Ma'rib.
So, he gave it to him. But, as he turned to go, a man pointed out, "O Messenger anL.
dugdale of Allah, you have given him the ceaseless (ready) water (meaning, salt that is
absolutely ready)." (This man was Aqra ibn Habis Tamimi.) +, So, he took it
back from him. He then requested him about the land that had arak (thorny) trees
growing in it. He said, "The land where the camels do not reach."1
COMMENTARY: Marib is a city in Yemen, sixty miles to the east of Sana'a, four thousand
feet above the sea level. It was the capital of Yemen up to the first century of the Gregorian
calendar, under the Saba dynasty. It also was a busy trade centre. Abyad uan », was called
Ma'rabi because of his residence there.
Ceaseless or ready water means always ready and perpetual. It alludes to the salt in the
mine that is always at h and. The Prophet صلى الله عليه وسلم gave it to Abyad رضى الله عنه under the
impression that he would have to work over it but when Aqra us an+, pointed out that it
was developed and no work was necessary to extract the salt, he reversed his decision
because all people had a right over it, the mine as well as the salt.
It is evidence that the ruling government may assign a mine to any one if it is underground
and undeveloped. The mines that are developed and productive may not be given to any
individual. Like grass and water, all people will share their utility.
The hadith also establishes that a ruler may annul his decision if it transpires that it was not
based on correct information.
The words 'where the camels do not reach' mean a land distant from pastures and
buildings. Hence, it is not allowed to revive the barren land that is near houses because
animals graze there and citizens use it for different purposes.
THERE BLESSINGS OF ALLAH FOR ALL
(٣٠٠١) وَعَنِ ابْنِ عَبَّاسِ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ الْمُسْلِمُوْنَ شُرَكَاءُ فِيْ ثَلَاثٍ فِى الْمَاءِ
وَالْكُلَاءِ وَالنَّارِ- (رواه ابوداود وابن ماجة)
3001. Sayyiduna Ibn Abbas رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"The Muslims are co-sharers in three things; water, herbage and fire."2
1 Tirmidhi # 1385, Ibn Majah # 2475, Darimi # 2608, Abu Dawud # 3064.
2 Abu Dawud # 3477, Ibn Majah # 2472, Musnad Ahmad 5. 361.

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COMMENTARY: Of the three blessings, water is found in the rivers, ponds, seas, wells, etc.
It is not what anyone has in his vessels. This has been dealt with in the beginning of the
chapter. Herbage is grown in the open.
If anyone possesses fire, he has no right to deny it to others or prevent him from burning a
lantern or from sitting in its light. But, the wood that is being burnt is not allowed to
anyone because that would cause the fire to decrease or to extinguish. Some people say that
it refers to flint that is used to ignite a spark. NO one may be prevented to take it from a
barren land (mawat).
THE FIRST TO TAKE POSSESSES IT, IF IT IS A PERMISSIBLE THING
(٣٠٠٢) وَعَنْ أَسَمْرَبْنِ مُضَرِّسٍ قَالَ آتَيْتُ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَبَايَعْتُهُ فَقَالَ مَنْ سَبَقَ إِلى مَاءٍ لَهُ
يَسْبِقُهُ إِلَيْهِمُسْلِمْ فَهُوَلە۔(رواهابوداؤد)
صلى الله عليه وسلم recalled his coming to the Prophet رضى الله عنه Sayyiduna Asmar Mudarris .3002
when he swore allegiance to him. He said to him (Asmar) 4 Às+). "If anyone precedes
(others) to water to which no Muslim has overtaken him, then it belongs to him."1
COMMENTARY: If any one takes water from a permissible source like river, etc. that
portion becomes his property and what remains in the source is not his but continues to be
permissible for all. In the same way other permissible things are treated.
EVIL OVERTAKES THE PEOPLE WHOSE WEAK ARE DENIED THEIR RIGHTS
(٣٠٠٣-٣٠٠٤) وَعَنْ طَاؤْسٍ مُرْسَلًا أَّ رَسُولَ اللّهِ صَلَى اللّهُ عَلَيْهِ وَسَلَّمَ قَالَ مَنْ أَحْيَا مَوَاتًا مِنَ الْأَرْضِ
فَهُوَلَهُ وَعَادِىُّ الْأَرْضِ لِلّهِ وَرَسُوْلِهِ تُؤَّ هِىَ لَكُمُ قِتٍِّ - رَوَاءُ الشَّافِىُّ وَرُوِىَ فِيْ شَرْحِ السُّنَّةِ آََّ النََِّّ صَلَّى
اللَّهُ عَلَيْهِ وَسَلَّمَ أَقْطَعَ لِعَبْدِاللَّهِ بْنِ مَسْمُوُدِ الدُّؤْرَ بِالْتَدِيْنَةِ وَهِىَ بَيِّنَّ ظَهُرَانِى عِمَارَةِ الْأَنْصَارِ مِنَ الْمَنَازِلِ
وَالنَّخْلِ فَقَالَ بَنُوْ عَبْدِبْنِ زُهُرَةَ تَّكِبُ عَنَّ ابْنَّ أُمِ عَبْدٍ فَقَالَ لَّهُمْ رَسُولُ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَلِمَ
اجْتَعَثَنِىَ اللهُ إِذَّا إِكَّ اللهَ لَا يُقَدِّسُ أُمَّةً لَا يُؤْخَذُ لِلشَّعِْفِ فِيُهِمْ حَقَّهُ
صلى narrated in a mursal form that Allah's Messenger رضى الله عنه Sayyiduna Tawus .3003
duyulan said, "He who revives barren land, it belongs to him. Ancient land belongs
to Allah and His Messenger. Then it is for you from me."2
3004. It is reported that Sharh us sunnah (Prophet's صلى الله عليه وسلم practice) that the
Prophet صلى الله عليه وسلم allotted to Sayyiduna Abdullah ibn Mas'ud رضى الله عنه some houses
in Madinah between the dwellings and palm trees of the ansar. At that, the Banu
Abd ibn Zuhrah pleaded. "Send away the son of Umm Abd from us!" (Ibn
Mas'ud's) As a+, mother was Umm Abd.) He said, "Then why has Allah sent me?
Allah does not grant sanctity to a people who do not get the weak his rights."3
COMMENTARY: Ancient land is the barren land whose owner is unknown. The Arabic Word
1 Abu Dawud # 3071.
2 Abu Dawud # 3071.
3 Shafi in al-Umm 4-45 (kitab ul Jihad, chapter on Huma and Qita).

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for it (sale) refer to (sic) Aad, the people of Prophet Hud plads merely to depict its primeval or
ancient nature because prophet Hud a>.Jule and his people are very early in history.
The Prophet صلى الله عليه وسلم said, "belongs to and His Messenger." It means 'all old.
Ownerless barren lands belong to me. They are under m y authority. I use them as I
deem best and give them to whom I like and allow them to develop them.' Allah's
name is taken by way of introduction and His Greatness to demonstrate His
Messenger's صلى الله عليه وسلم status, for, the Messenger's صلى الله عليه وسلم decision reflects Allah's
decision This (last sentence) is what Qadi said.
Banu Abd ibn Zuhrah wanted Ibn Mas'ud A.s ano, to be sent away because they were opposed
to his father, Mas'ud, during the jahiliyah (ignorance period). Besides, his mother, Umm Abd
was among their servants. So, they demonstrated their apathy for Ibn Mas'ud Acin+).
The Prophet playa,lean Lo told them that one of the reasons for which he was sent was to help the
weak people and remove the imaginary wall between men dividing them as high and low. He
had to infuse common sense into the arrogant and confidence into the weak and needy.
He said that the people who do not care for their weak section are the worst of human
beings whom Allah does not clear from sins and evil. When the strong suppress the weak
and deny them their rights, their social life is smeared with evil and sin. They are not
worthy and not righteous, and deprive themselves of Allah's mercy.
Therefore, the Prophet صلى الله عليه وسلم explained to Banu (children of) Abd ibn Zuhrah that
they should not try to deny Abdullah ibn Mas'ud his rights. He could choose to live where
he wished. And the Prophet صلى الله عليه وسلم said to them "I am his helper and am bound to
support him."
RELEASING WATER TO FIELDS AND GARDENS
(٣٠٠٥) وََنُ عَمْرِو بْنِ شُعَيْبٍ عَنْ آَبِيُّهُ عَنْ جَدِّهِ آَّ رَسُولَ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَفِى فِى السَّيْلِ
الْمَهِزُوْرِ آَنْ يُمْسَكَ حَتَّى يَبْلَُّ كَعُبَيْنٍ ثُمَّ يُرْسِلَ الْأَعْلَى عَلَى الْآَسْفَلِ - (رواه ابوداؤد وابن ماجة)
3005. Sayyiduna Amr ibn Shu'ayb alos, narrated that on the authority of his father
(Shu'ayb) from his grandfather (Abdullah ibn Amr) As an +, that Allah's Messenger
the à o had decided about the stream al-Mahzur that its water should be
withheld till it was ankle deep and then the upper waters should be released to
flow to the lower.1
COMMENTARY: Al-Mahzur is a valley in Madinah situated in the land of Banu Qurayzah
and irrigating their fields. The Prophet صلى الله عليه وسلم had instructed that the land near to the
canal carrying water from this valley should be given preference and water should be
released to it first. When this land was well watered the sign of which was that water stood
ankle deep, the water should be released and allowed to go to the lower land.
The same procedure applies to every river flows naturally without anyone's effort in building it.
DO NOT TROUBLE OTHERS
(٣٠٠٦) وَعَنْ سَمُرَةَ بُنِ جُنْدُبٍ أَنَّهُ كَانَتْ لَهُ عَدْ مِنْ تَخْلٍ فِيْ حَائِطِ رَجُلٍ مِنَ الْآَنْصَارِ وَمَةَّ الرَّجُلِ آَهْلُهُ
فَكَارَ سَمُرَةً يَدْخُلُ عَلَيْهِ فَيَتَّى بِهِ فَأَتَّ النَّيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَذَكَّرَ زُلِكَ لَهُ قَطَلَبَ إِلَيْهِ النَّبِىُّ صَلَّى
1 Abu Dawud # 3639, Ibn Majah # 2482, Muwatta Maalik # 28 (al-Aqdiyah).

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اللّهُ عَلَيْهِ وَسَلَّمَ لِيَبِيْعَهُ فَأَبِى فَطَلَبَ آَنْ يُنَاقِلَهُ فَأَبِى قَالَ فَهَبْهُ لَهُ وَلَكَ كَذَا أَمْرًّا رَغَّبَّهُ فِيْهِ فَآَنِي فَقَالَ أَنْتَ
مُضَارٌّ فَقَالَ لِلْانْصَارِیّ اذْهَبُ فَاقْطَعُ خُلَه رواه ابوداؤدَ ۔
3006. Sayyiduna Samurah ibn Jundub رضى الله عنه is reported to have had some palm-
trees in the garden of a man of the ansar (purportedly Malik ibn Qays) رضى الله عنه who
had his family with him. Sayyiduna Samurah &s also used to enter it (to look after
his trees). This caused inconvenience to the ansar. So, he met and told the Prophet
,and asked him to sell it (meaning رضى الله عنه (about it. He (called Samurah صلى الله عليه وسلم
the palm trees to the ansar), but he declined. So, he advised him to exchange them
for something else, but he declined. Then, he instructed him to present them to
ansar and have a certain thing for it but he declined. Then, he said, "You are a
difficult man." And to the ansar, "Go, cut down his palm-trees!"
COMMENTARY: The Prophet صلى الله عليه وسلم did not give a command to Sayyiduna Samurah of
a wajib (obligatory) nature that he had no option but to obey. He merely suggested to him or
recommended him to do one of those things. The last option was also an encouragement to
earn reward. If it was otherwise, then Sayyiduna Samurah As an+, would not have declined
so easily. Rather, being an obedient sahabi, he would have agreed without hesitation.
The question arises why did the Prophet صلى الله عليه وسلم instruct the ansar to chop down
Samurah's us an+, trees. The answer is that since he declined every offer, he seemed to be
bent on causing distress to the ansar. There was only one way to give relieve to the ansar
instruct him to cut down those trees.
وَذُكِرَ حَدِيْثُ جَابِرٍ مَنْ أَحْبِى أَرْضًّا فِيْ بَابِ الْغَصَبِ بِرِوَايَةٍ سَعِيْدِ بْنِ زَيْدٍ وَسَنَذُّكُرُ حَدِيثَ آنٍ صِرْمَةَّ مَنْ
ضَارَّ أَضَرَّ اللهُ بِهِ فِي بَابٍ مَايُنْغِى مِنَ التَّھَاجُرِ
And, the hadith of Jabir usan, about reviving barren land has been narrated already in the
chapter on 'unjust & compulsory appropriation, hadith # 2944.
مَنْ ضَارَّ ضَرَّ اللهُ بِه الت باب ماینهی من التَّهاجر
And, we shall narrate the hadith of Abu Sirmah (# 5042) about one who hurts, Allah will
cause him hurt ... in the chapter on that which is forbidden about severing ties of kinship or
staying apart. (The compiler of Masabih had reproduced were both these traditions.)
SECTION III
الفَصلُ الثَّالِثُ
DO NOT REFUSE TO GIVE WATER, SALT & FIRE
(٣٠٠٧) عَنْ عَائِشَةً أَنَّهَا قَالَتْ يَارَسُولَ اللَّهِ مَا الشَّبِىُّ الَّذِى لَا يَحِلُّ مَنْعُهُ قَالَ الْمَاءُ وَالْمِلْمُ وَالنَّارُ قَالَتُ قُلْتُ
يَارَسُوْلَ اللَّهِ هُذَا الْمَاءِ قَدْعَرَ فُنَاهُ فَمَا بَالُ الْمِلْحِ وَالثَّارِ قَالَ يَاحُمَيْرَاءِ مَنْ أَعْظَى نَارًا فَكَمَا تَصَدَّقَ بَجِمِيْعِ مَا
اَنْفَجَتُ تِلْكَ النَّارُ وَمَنْ أَعْلَى مِلْكَا ذَكَأُمَا تَصَدَّقَ بِجِيْعِ مَا طَبََّتْ تِلْكَ الْمِلْمُ وَمَنْ سَقَى مُسْلِهَا شَرْبَةً مِنْ
مَاءٍ حَيْثُ يُؤْجَّدُ الْمَاءُ فَكَّمَا أَعْتَقَ رَقَبَةً وَمَنْ سَقْى مُسْلِمَّا شَرْبَةً مِنْ مَاءٍ حَيْثُ لَا يُؤْجَّدُ الْمَاءُ فَكَأُمَا أَحْيَاهَا-
(رواه ابن ماجة)

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صلى الله narrated that she asked, 'O Messenger of Allah رضى الله عنها Sayyidah Ayshah .3007
jule, what thing is it that it is not lawful to deny?" He said, "Water, Salt and fire,"
She said, "O Messenger of Allah, this water we understand (that this blessing of
Allah is essential and a necessity of life). But, why salt and fire? (It is difficult to
comprehend.) He said, "O Humayra, he who gives fire is like one who gives a
charity of everything that the fire cooks. And, he who gives salt is as though he
gives charity of everything that the salt makes tasty. He who gives water to drink to
a Muslim where water is available is as though he has emancipated a slave. And he
who gives water to a Muslim to drink where water is scarce is as though he has
given him life."
COMMENTARY: The Prophet صلى الله عليه وسلم also described the need to give water though
Sayyidah Ayshah &», had said that she understood the need to give water to someone.1
CHAPTER - XVI
GIFTS
◌َابُ الْعَطَايَا
The word (the) (ataya) is the plural of (tas) (ata) meaning 'gift.' grant. It is to transfer
ownership and right to use of something belonging to oneself to another person, or to give
away something to another without any return.
In this chapter, all kinds of gift and grants will be mentioned. They are:
(3)) (waqf) or endowment,
(+) (hibah) grant, donation,
,umra) donation for life) (عميرى)
(+) (ruqba) donation with provision as to death of donar or donee.2
Mulla Ali Qari ales, has stated that ataya mean 'the grants and rewards of the chiefs,
rulers, monarchs and heads of states."
Imam Ghazali at >, has written in Minhaj ul Aabideeen that the ulama (Scholars) have
expressed different opinions on accepting the gifts of rulers and monarchs and the rewards
of state. Some of them say that if the gifts and rewards are of such things of whose
unlawfulness one is not certain then it is correct to accept them. Others say that unless one
is certain that they are lawful, it is better not to accept them because in present times, most
of the property and valuables with the kings and in state Treasuries are acquired through
sources not recognized and approved by Shari'ah (divine law).
Some ulama (Scholars) say that it is lawful for both the rich and the poor to receive gifts
from the rulers as long as it is not established definitely that their property is unlawfully
acquired. Their evidence is that the prophet , i had accepted the gift of Muqawqis
king of Alexandria and had taken a loan from a Jew though the Qaran says about the Jews.
الثَّالُوُنَّ لِلسُّحُتِ
{devourers of the unlawful} (5:42)
Some others have said that if it is not known about some property that it is unlawful then
1 Ibn Majah # 2474.
2 These definitions are from mujan lughat al Fuqaha, Idaratul Quran, Karachi.

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the poor (destitute, needy) is allowed to take it but the rich (who can afford) is not
permitted to take it.
In conclusion and as a summary the ruling may be understood that there is no harm if a poor
person accepts anything from the rulers because if it is the ruler's personal property then
undoubtedly it is correct to take it, and if it is from the spoils, Kharaj (homage revenue)
(tribute or tax and land) or ushr (one tenth or title) then the poor person deserves to take it.
The scholars too have a right to the revenue of the spoils, tribute or one-tenth of land tax.
Sayyiduna Ali As an, said that if any one embraces Islam willingly and learns the Quran,
then he has a right to take two hundred dirhams from the state Treasury every year. If he
does not receive his right in this world then he will get its reward in the hereafter.
SECTION I
اَلَفَضْلُ الْأَوَلُ
UMAR'S LAND OF KHAYBAR GIVEN AS WAQF
(٣٠٠٨) عَنِ ابْنِ عُمَرَ أَّ ◌ُمَرَ أَصَابَ ارُضًا بِخَيْبَرَ فَأَتَ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَقَّالَ يَا رَسُولَ اللهِائِى
أَصَبْتُ أَرْضًّا خَيْبَرَلَمْ أُصِبُ مَالَّا قَطُ انْفَسَ عِنْدِىٌ مِنْهُ فَمَاتَا مُرُنِي بِهِ قَالَ إِنْ شِئْتَ حَبَّسَتُ أَصْلَهَا
وَتَصَدَّقْتَ بِهَا فَتَصَدَّقَ بِهَا عُمَّرُ أَنَّهُ لَّا يُبَاءُ أَضْلُهَا وَلَا يُؤْهَبُ وَلَا يُؤْرَثُ وَتَصَدَّقَ بِهَا فِي الْفُقَرَاءِ وَفِى الْقُرُبي
وَفِىِ الرِّقَّابِ وَفِي سَبِيْلِ اللَّهِ وَابْنِ السَّبِيْلِ وَالضَّيْفِ لَّا جُنَاءَ عَلى مَنْ وَلِيَّهَا آَنْ يَاكُلَ مِنْهَا بِالْمَعْرُوْفِ آَوْيُطْعِمَ
غَيْرَ مُتَمَّوِّلٍ قَالَ ابْنُ سِيُرِيْنَ غَيْرَ مُتَأَثِّلٍ مَالَّا - (متفق عليه)
3008. Sayyiduna Ibn Umar رضى الله عنه narrated that (Sayyiduna) Umar رضى الله عنه got some
land in Khaybar (as his share of spoils). He went to the Prophet صلى الله عليه وسلم and
submitted. "O Messenger of Allah, I have received land in Khaybar that I think is
more valuable then any other I have ever had." (And he expressed desire to use it in
Allah's path.) "Command me how I may use it?" He said, "If you wish, make a
waqf (endowment) of the property and give its produce as charity." So, Umar made
a sadaqah (charity) of the land in Allah's path stipulating that the land itself should
not be sold gifted or inherited. He gave its produce as sadaqah (charity) to be
disbursed to the poor the relatives, the slaves to buy their freedom, in Allah's path
(for the warriors, pilgrims), the travellers and the guest. The trustee of the land may
eat from it and feed his family (who are not self supporting) only to the extent of
his needs, there being no sin on him for that, provided he does not build up (from
it) to become rich.
Ibn Sirin als, explained that the trustee should not make the land a means to
collect wealth for himself.1
COMMENTARY: This hadith is proof that waqf may be made. All Muslim agree that a
Muslim is allowed to make waqf of his property like land or house, etc. for a pious purpose
and a good objective to please Allah. A person who makes the waqf is bestowed with a
huge reward.
This hadith is also an evidence that the property of which a waqf is made may neither be
sold nor given in gift. It cannot be inherited too.
1 Bukhari # 2737, Muslim # 15-1632, Nasa'i # 3629, 3630, Ibn Majah # 2396, Musnad Ahmad 2-12.

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This hadith bears out the excellence of waqf which is a recurring charity The person who
makes a waqf receives its reward perpetually.
Khaybar is a habitation about sixty miles to the north of Madinah. Dates are grown here.
The Muslims had conquered it in the times of the Prophet صلى الله عليه وسلم . After that, its lands
were distributed as spoils among the warriors and Sayyiduna Umar un ds +, also got a share
which he set aside as waqf in Allah's path.
Sharh us sunnah (Prophet's ,,ledo practice) says that this hadith confirms that it is allowed
to the person making a waqf to receive from it a reasonable profit for his needs. He may use
that on the necessities of life of himself and his family. He is the trustee of his waqf.
At one time, the Prophet Lyttedo had asked, "Is there anyone who will buy bi'r (the well
named) roomah? (It had belonged to a Jew and the Prophet ,,le av had asked for one
who would buy it and make an endowment of it for the Muslim). "His bucket in the well
will be like a Muslim's." (It meant that he could use the well like other Muslim could.)
Sayyiduna Uthaman bought the well and made a waqf of it for the Muslims.
UMRA IS ALLOWED
(٣٠٠٩) وَعَنْ أَبيْ هُرَيْرَةَ عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ الْعُمْزِى جَائِزَةٌ - (متفق عليه)
3009. Sayyiduna Abu Hurayrah رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said,
"Umra is allowed."1
(Umra is a life time donation, as distinct from umrah, the pilgrimage.)
COMMENTARY: Mutual dealings and exchange of gifts promote love for each other. One
of the ways to give gifts is umra which is permissible according to this hadith. (the word is
pronounced umra)
WHAT IS UMRA: It has been defined earlier. For example, someone gives to another his
house for the life time of the recipient. This is allowed and as long as the person to whom
the house is given lives, the house cannot be taken back. However, when he dies, may
house be taken back or not?
The ulama (Scholars) differ on this question. There are three kinds of umraa:
(1)
A person gives his house to another. Saying, "I have given you my house for
your lifetime. After your death, it will go to your heir and children." All the
ulama (Scholars) agree that this is a gift and it is no more the property of the
donor. It becomes the recipient's property. After his death, his heirs become
owners of the house. If he has no heirs then it goes to the state Treasury.
(2)
The giver says only. "This is your house for your life time." Most ulama
(Scholars) say that the same ruling applies as in the previous case. However,
-
some ulama (Scholars) say that it will not go to the heirs but will revert to the
donor who is the original owner.
(3)
The giver says, "This house is your for your lifetime. After your death it will
become my and my heir's property." However, the more correct thing is that
the same ruling applies in this case as the first case. The Hanafis say that the
condition 'it will revert to me and my heirs after my death' is void. However,
the gift does not become void because of the faulty condition. Imam Shafi'I 44>,
1 F khari # 2626, Muslim # 32-162, Abu Dawud # 2548, Nasa'i # 3785, Musnad Ahmad 2. 347.

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agrees with this opinion, but Imam Ahmad ales, says that the void condition
makes the gift void.
Imam Maalik ald>, says that in all these cases, the basic purpose is to make the recipient
owner of the benefit of the thing given.
UMRA BECOMES PROPERTY OF HEIR OF RECIPIENT
(٣٠١٠) وَعَنْ جَابِرٍ عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ إِكَّ الْعُمْرِى مِيْرَاثْ لِأَهْلِهَا- (رواه مسلم)
3010. Sayyiduna Jabir رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said, "Surely, umra
becomes the inheritance of the heirs of its owner (who is the recipient of the gift)."1
COMMENTARY: The hadith confirms that if a house is given as umra then it will remain
property of the one to whom it is given. On his death, it will become the property of his heirs.
Thus, the contention of the majority of the ulama (Scholars) (as mentioned earlier) is upheld.
(٣٠١١) وَعَنْهُ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَيُّمَا رَجُلٍ أُعْمِرَ عُمْرِى لَهُ وَلِعَقَّبِهِ فَإِنَّمَا لِلَّذِىُ
أُعْطِيَّهَا لَا يَرْجِعُ إِلَى الَّذِىُ أَخْطَا هَا لِأَنَّهُ أَعْظَى عَطَاء وَفَعَتُ فِيْهِ الْمَوَارِيُثُ - (متفق عليه)
3011. Sayyiduna Jabir رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said, "If
any man is given a thing as umra for himself and for his heirs, then the umra
belongs to him to whom it is given. It does not return to the donor, because he gave
a gift in which inheritance follows."2
COMMENTARY: Of the three kinds of umra mentioned in the hadith of Sayyiduna Abu
Hurayrah As an, (# 3009), this hadith refers to the very first kind. It has been explained
there concerning the juristic difference of opinion/
HADITH THAT CONTRADICTS GENERAL OPINION
(٣٠١٢) وَعَنْهُ قَالَ إِنَّمَا الْعُمْرِى الَّتِىِ أَجَازَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَنْ يَقُوْلَ هِىَ لَكَ وَلِعَقَبِكَ
فَأَمَّا إِذَا قَالَ هِىَ لَكَ مَا ◌ِشْتَ فَإِنََّا تَرْجِعُ إِلى صَاحِبِهَا - (متفق عليه)
3012. Sayyiduna Jabir w a+, narrated that the umra which Allah's Messenger ano
joke permitted is that the giver should say, "It belongs to you and to your heirs
(after your death)." If he says, "It is yours as long as you live.' Then it will return to
its (original owner (who gave it). 3
COMMENTARY: This hadith seems to contradict the opinion of the majority of the ulama
(Scholars) as mentioned in the commentary of the hadith of Abu Hurayrah &+, (# 3009).
The ulama (Scholars) say that this hadith is not marfu which means that it communicates
the saying of Sayyiduna Jabir رضى اللهعنه, not of the Prophet صلى اللهعليه وسلم So, it does not affect the
majority opinion.
1 Muslim # 31-1625.
2 Bukhari # 2625, Muslim # 20. 1625, Tirmidhi # 1358, Abu Dawud # 3553, Ibn Majah # 2380.
3 Muslim # 23-1625, Abu Dawud # 3551, Musnad Ahmad 3-294.

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الفَضلُ الثَّانِى
SECTION II
UMRA & RAQBA DISALLOWED
(٣٠١٣) عَنْ جَابِرٍ عَنِ النَّبِيِّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ قَالَ لَا تُرْقِبُوْا وَلَّا تُعُمِرُوا فَمَنْ أُرُقِبَ شَيْئًا أَوْ أُعْمِرَ فَهِىّ
لِوَرَثَتِه-(رواهابوداؤد)
3013. Sayyiduna Jabir رضى الله عنه narrated that the Prophet صلى اللهعليهوسلم said, "Do not give
a gift as ruqba or as umra. If anyone is given anything as ruqba or as umra then it
goes to his heirs."1
COMMENTARY: Like umra, ruqba is a kind of gift, defined earlier in the chapter. A man
gives his house to another stipulating, "If I die before you the house will be your property. If
you die before me, it will become my property again." Thus, one waits for the other to die.
Previously, we learnt that both these kinds are allowed. Now we are asked to abstain from
them. So, either this hadith is abrogated as this prohibition might have been of an earlier
date, Or, we are told that both umra and ruqba are not judicious yet if they are observed,
then Shariah deems them correct.
While the Hanafis regard umrah as allowed, ruqba is not and imam Ahmad Abu Hanifah
.regards it as allowed رحمه الله Yusuf رحمه الله
Some Hanafi scholars say that one should not give one's property as gift for a specified
period of time with intention to take it back at the end of that time. The reason is that when
anything is given as gift, it is no longer the giver's property whether he gives it explicitly as
hibah (gifts) or as umra or ruqba.
BOTH UMRA AND RUQBA ARE ALLOWED
(٣٠١٤) وَعَنْهُ عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ الْعُمْزِى جَائِزَةٌ لِلَ هُلِهَا وَالزُّقْنِى جَائِزَةٌ لِاَهْلِهَا(رواه
احمد والترمذى وابوداؤد)
3014. Sayyiduna Jabir رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said, "The umra
is allowed (as a gift) to those who are given (a gift as) umra. And the ruqba is
allowed to those who are given (a gift as) ruqba."2
SECTION III
الْفَصلُ الثَّالِثُ
IS UMRA DISALLOWED
(٣٠١٥) عَنْ جَابٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَمْسِكُوْا أَهْوَالَكُمْ عَلَيْكُمْ لَا تُفْسِدُوهَا فَإِنَّه مَنُ
أَحْمَرَ عُمْرِى فَهِىَّ لِلَّذِى اُعُمِرَ حَیًّا وَمَبِئًا وَلِعَقَې۔۔(رواه مسلم)
3015. Sayyiduna Jabir رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"Retain your properties with yourself. Do no waste them, for he who gives
anything as umra (to another ) gives it to him for (all his) life and after his death, to
his children."3
1 Abu Dawud # 3556, Nasa'i # 3731.
2 Tirmidhi # 1358, Abu Dawud # 3558, Nasa'i # 2739, Ibn Majah # 2383, Musnad Ahmad 3-303.
3 Muslim # 26-1625, Musnad Ahmad 3-312.

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COMMENTARY: The validity of umra seems doubtful in the light of this hadith. However,
if the explanation to hadith # 3013 is read, the doubt will be cleared.
CHAPTER - XVII
MORE ABOUT THE PREVIOUS
بَاب
SECTION I
اَلْفَضْلُ الْأَوَّلُ
DO NOT RETURN GIFT OF SWEET FLOWER
(٣٠١٦) عَنْ أَبِي هُرَيْرَةَ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مَنْ عُرِضَ عَلَيْهِ رَيُجَارٌ فَلَا يَرُدُّه فَإِنَّهُ
خَفِيْفُ الْمَحْمَلِ طَتُبُ الرِّيُح- (رواه مسلم)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3016
said, "He who is presented a fragrant flower must not return it for, it is light to carry
(meaning, a small gift) and is sweet smelling."1
COMMENTARY: The same command not to return a gift applies to every gift that seems
small and not a great favour but is great in benefit and promoting goodwill. The person
who gives the gift should not feel hurt.
(٣٠١٧) وَعَنْ آَنَّسٍ أَّ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ كَاتَ لَا يَرُدُّ الطَّيُبَ - (رواه البخارى)
3017. Sayyiduna Anas رضى الله عنه narrated that the Prophet صلى الله عليه وسلم never returned
(the gift of) perfume.2
TAKING BACK A GIFT
(٣٠١٨) وَعَنِ ابْنِ عَبَّاسٍ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ اَلْعَائِدُ فِ هِبَتِهِ كَالْكَلْبٍ يَهُوُدُ فِيْ قَيْئِهِ لَيُسَ
لَنَا مَقَلُ السَّوءِ-(رواه البخارى)
3018. Sayyiduna Ibn Abas رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"He who asks for a return of his gift is like a dog who returns (to lick) its vomit. It is
not for us to be compared to an evil thing."3
COMMENTARY: The hadith concludes with the words that our people are bestowed with
great honour and lofty principles. So, it does not behave any one of us to do anything that
is against the greatness of his people lest he be remembered as an evil example.
A person should not take back any gift he has presented to another. T his is moral
side of the hadith.
As for its juristic angle, Imam Abu Hanifah ales, said that while it is allowed to take back what
one has given to another as a gift, yet it is makruh (disapproved) to do so. In some cases,
however, it is not even allowed. This will be explained against the hadith # 3020 (Section II).
The Hanafis say of this hadith that it speaks of 'dislike' to show that it is impolite. The three
other imams read the hadith to say that is disallowed to take back a gift, but Imam Shafi'I
1 Muslim # 20. 2253, Tirmidhi # 2791(?), Abu Dawud # 4172, Nasa'i # 5259.
2 Bukahri # 5928, Nasa'i # 5258.
3 Bukhari # 2622, Muslim # 5-1622, Abu Dawud # 3538, Nasa'i # # 37601, Ibn Majah # 2385.

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àla>, say that a father may take back a gift he gives to his son.
According to one report, Imam Ahmad ales, also has the same opinion. Some ahadith that
follow lead to the same conclusion but their deduction by the Hanafis is also mentioned there.
DO NOT DIFFERENTIATE BETWEEN CHILDREN
(٣٠١٩) وَعَنِ النُّعْمَانِ بُنِ بَشِيْرٍ آثَ آبَاءُ أَتُ بِهِ إِلَى رَسُوْلِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ إِ نَخَلْتُ ابْنِى
هُذَا غُلَامًا فَقَالَ آَكُلَّ وَلَدِكَ تَحَلْتَ مِثْلَهُ قَالَ لَّا قَالَ فَارْجِئُهُ وَفِيْ رِوَايَةٍ أَنَّهُ قَالَ آَيَسُُكَ آَنْ يَكُوْنُوْا
إِلَيْكَ فِي الْبِرّسَوَالْ قَالَ بَلَى قَالَ فَلاَ إِذَا وَفِيْ رِوَايَةٍ أَنَّ قَالَ أَغْطَانِيُ آبيٌ عَلِيَّةً فَقَالَتُ عَمْرَةُ بِنْتُ رَوَاحَةَ لَا
أَرْضَى حَتّى تُشْهِدَ رَسُولَ اللهِ صَلَى اللهُ عَلَيْهِ وَسَلَّمَ فَأَقْ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَقَالَ إِّ أَعْطَيْتُ
ابْنِى مِنْ عَمْرَةً بِنْتِ رَوَاحَةَ عَطِيَّةً فَأَمَرَتُنِى أَنْ أُشْهِدَكَ يَارَسُولَ اللَّهِ قَالَ أَعْتَلَيْتَ سَائِرَوَلَدِكَ مِثْلَ
هذَا؟ قَالَ لَا قَالَ فَاتَّقُوا اللّهَ وَاعْدِلُوا بَيْنَّ أَوْلَادِكُمْ قَالَ فَرَجَعَ فَرَدَّ عَبِيَّتَهُ وَفِيْ رِوَايَةٍ أَنَّهُ قَالَ لَّا أَشْهَدُ عَلَى
جَوْرٍ - (متفق عليه)
3019. Sayyiduna Nu'man ibn Bashir s &>, said that his father took him to Allah's
Messenger صلى الله عليه وسلم and submitted, "I have given to this my son a slave." He
asked, "Have you given all your children like this?" He submitted, "No." So, he
commanded, "Take him back."
According to another version: he asked him, "will it not please you that all of them
be kind to you in the same manner?" He said, "Of course!" So, he commanded,
"Then do it not."
According to another version: Nu'man us às », said that his father gave him a gift,
but (his mother) Amrah bint we al +, Rawahah protested, "I shall not agree till you
request Allah's Messenger to witness this (gift)." So he came to Allah's Messenger
and submitted, "I have given my son from Amrah daughter of صلى الله عليه وسلم
Rawadhah a gift but she has asked me to request you to witness (this presentation),
O Messenger of Allah." He asked, "Have you given all your children the same
thing?" He said, "No" So, he warned, "Fear Allah, Be just to all your children."
Nu'man usd +, said that he came back and took back his gift.
According to another version: He (the Prophet) صلى الله عليه وسلم said, "I shall not be a
witness to an unjust act."1
COMMENTARY: It is very unreasonable to treat the children unfairly. So, it is mustahab
(desirable) to not present something to only one child at the exclusion of other sons and
daughters. Rather, it should be given to all children equally.
The Prophet صلى الله عليه وسلم command to Sayyiduna Nu'man رضى الله عنه to return the slave was
based on the preferred course. So, Imam Abu Hanifah رضى الله عنه .Imam Shafi'I رحمه الله and
Imam Maalik alus, say that if any man presents a gift to some, not all, of his children then
though the gift is correct yet it is with distaste.
1 Bukhari # 2587, Muslim # 9. 1623, Tirmidhi # 1372, Nasa'i # 3672, Ibn Majah # 2375, Muwatta
Maalik # 39 (Akram), Musnad Ahmad 4-269.

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However, Imam Ahmad at ), Thawri ana, and Ishaq andes, and others hold that it is
forbidden. They cite the saying of the Prophet لَا أَشْهَذ غلی جورٍ) صلى الله عليه وسلم) (I shall not be witness
to an unjust act). But, Imam Abu Hanifah ants, deduces from these words of the Prophet
.as also in another version ,صلى الله عليه وسلم
فَأَشُهِدُ عَلَى هَذَا غَيْرِى
(He said to Bashir:) رضى الله عنه "Get some other than me for a witness."
They maintain that if this gift (of a slave to Bashir) que & +, was forbidden or void then he
would not have instructed him to get another witness, The Prophet's صلى الله عليه وسلم words
show that in any case Bashir's gift was correct and allowed, but disliked so he did not
consider himself as a witness.
SECTION II
الفضلُ الثَّانِى
NOT PROPER TO TAKE BACK A GIFT
(٣٠٢٠) عَنْ عَبْدِ اللهِ بْنِ عَمْرٍ و قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لَا يَرْجِعُ أَحَدْ فِ هِبَتِهِ إِلَّ الْوَالِدُ
مِنْ وَلَدِهِ- (رواه النسائي وابن ماجة)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abdullah ibn Amr .3020
said, "No one may take back his gift. But a father (may take it back) from his son."1
COMMENTARY: This hadith is on which Imam Shafi'I als, based his ruling.
Imam Abu Hanifah's ale>, contention is that just as a father can take the property of his son
for his own use. So too he may take back his (other) gifts, for his personal use.
WHEN IT IS DISALLOWED TO TAKE BACK A GIFT: As stated earlier, Imam Abu
Hanifah ål, regards it permissible to take back a gift but calls it makruh (disapproved).
Those ahadith that disallow it, he interprets them as makruh (disapproved). However,
there are seven cases when he too rules that taking back a gift is disallowed. Some books of
fiqh (Islamic jurisprudence) say that the seven cases are in (w) )) each letter of which
stands for one case (0, 0, jit.En) (daal, meem, 'ain, Khah, za, qaf, ha)
The first letter daal (+) means additions. If something is added to or mixed with, a gift then
returning it is not proper. An open plot on which he builds a house or plants trees. The
donor cannot ask for a return of the donated land.
The second letter meem (+) stands for death of one of the two. Thus, if a person gives
something to another and dies thereafter, his heirs have no right to ask the surviving
recipient to return to them that which their forebear had given to him. Or, if the recipient
died, the giver cannot ask his heir for the return of the gift.
The third 'ain (¿) refers to an exchange of gifts. The giver cannot ask the recipient for the
return his gift (against which he had given something).
The fourth letter is Kha (¿). It is that the recepient of the gift sells it or hands it over to
another. The giver cannot demand its return.
The fifth letter is za (3). If one of the spouses gives a gift to the other, then the giver cannot
ask for a return of it.
1 Nasa'i # 3689, Ibn Majah # 2378, Musnad Ahmad 2-182.

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The sixth letter qaaf (5) signifies relationship of the kind of mahram, like father, son,
mother, grandfather, siblings, gifts by one of them to another are unreturnable.
The seventh letter ha (.) refers to the ruin of the thing gifted. The giver cannot ask the
recipient for a return of the gift if it has perished.
UNCIVIL TO DEMAND RETURN OF A GIFT
(٣٠٢١) وَعَنِ ابْنِ عُمَرَوَ ابْنِ عَبَّاسِ آَثَّ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ لَايَحِلُّ لِلرَّجُلِ آَنْ يُعِْىَ عَلِيَّةً
ثَُّ يَرْجِعُ فِيهَا إِلَّ الْوَالِدُ فِيْمَا يُعْطِئِ وَلَدَهُ وَمَقَلُ الَّذِى يُعْطِى الْعَِيَّةَ ثُؤَّ يَرْجِهُ فِيْهَا كَمَثَلِ الْكَلْبٍ أَكَلَ حَتَّى
إِذَا شَبِعَ قَاء ثُمَّ عَادَفي قَيْئه- (رواهابوداود والترمذى والنسائى وابن ماجة وصححه الترمذى)
3021. Sayyiduna Ibn Umar رضى الله عنه and Sayyiduna Ibn Abbas رضى الله عنه narrated that
the Prophet صلى الله عليه وسلم said, "It is not lawful for anyone to present a gift to another
and then take it back. But, a father to his son. The example of one who gives a gift
and then takes it back is that of a dog that eats and when it is satiated vomits. Then
it returns to its vomit."1
GIFT FOR GIFT
(٣٠٢٢) وَعَنْ أَبِيْ هُرَيْرَةً أَّ اغْرَائِيًّا أَهْذِى لِرَسُوْلِ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ بَكْرَةً فَعَوَّضَّهُ مِنْهَا سِثَّ
بَكَّرَاتٍ فَتَسَخَّطَ فَبَلَغَ زُلِكَ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَحَمِدَ اللّهُ وَأَثْنَى عَلَيْهِ ثُمَّ قَالَ إِثَّ فُلَانًا آَهُدى
إِلَىَّ نَاقَّةً فَعَوَّضْتُهُ مِنْهَا سِتَّ بَكَّرَاتٍ فَظَلَّ سَاخًِا لَقَدْ هَمَهْتُ أَْ لَا أَقْبَلَ هَدِيَّةٌ إِلَّ مِنْ قُرَشِيٍّ
آوانصَادِي آونَقَفِي آۉدۇسی۔ (رواهالترمذى وابوداود والنسائى)
3022. Sayyiduna Abu Hurayrah ål», narrated that a villager presented to Allah's
Messenger صلى الله عليه وسلم a young she camel. He reciprocated by giving him six young
she camels. But, the man was displeased. This was bought to the prophet's ,tanto
knowledge. So, he praised and glorified Allah and said, "So and so presented
me a she camel and I give him six young she-camels as a reciprocal gesture, but he
was not pleased. I resolved. Therefore, that I shall not accept a gift except from a
Quraysh Ansar, a Thaqafi or a Dawsi."2
COMMENTARY: When you give someone a gift, it is contrary to your spirit of sincerity to
except a return gift. But, if any one reciprocates your gesture, you should regard it highly.
The sahabah never had a semblance of wish that when they presented something to the
Prophet Lylea . he would give them a return gift, but he was very generous and always
reciprocated their gesture willingly.
The villager in this hadith showed extreme greed. His attitude reflected that he had
brought the gift only to get a greater return. The Prophet صلى الله عليه وسلم was displeased with
his attitude and decided not to accept a gift from anyone but the four people he named.
The Quraysh belonged to the tribe of Quraysh. The Ansar were the ansar of Madinah.
1 Tirmidhi # 2138, Abu Dawud # 3539, Nasa'i # 3690, Ibn Majah # 2377, Musnad Ahmad 1-237.
2 Tirmidhi # 3971, Abu Dawud # 3537, Nasa'i # 3759.

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Thaqafi and Dawsi were two tribes. He named them as exceptions because they were very
courageous and generous.
(٣٠٢٣) وَعَنْ جَابِرٍ عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ مَنْ أُعِْىَّ عَطَاءٌ فَوَجَدَ فَلْيُجُزِبِهِ وَمَنْ لَمْ تَجِدُ فَلْيُْنِ
فَإَِّ مَنْ آَثْنِى فَقَدْ شَكَّرَ وَمَنْ كَتَوَ فَقَدْ كَفَرَ وَمَنْ تَعَلَّى بِمَالَمْ يُعْطَّ كَاتَ كُلَاپِسِ ثَوْنَ زُوْپٍ- (رواه
الترمذى وابودائد)
2023. Sayyiduna Jabir رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said, "He who is
presented something and is capable, must reciprocate it. But, if he cannot, then he
should praise (the giver of gift), for, he who extols has indeed expressed gratitude.
But, he who 'conceals has indeed been ungrateful. He who adorns himself with
what he is not given puts on two garments of falsehood."1
COMMENTARY: To praise anyone is tantamount to show gratitude to him. Gratitude is to
have love in the heart, to praise with the tongue and to serve with hands and feet.
The hadith concludes with the message that if anyone describes himself with a merit of
religion or the world which he does not possess then he is as though wearing a pair of
garments of falsehood. It, means that he presents himself as a scholar and a righteous man
which he is not.
PRAYER FOR THE GOOD DOER
(٣٠٢٤) وَعَنُ أُسَامَةً بْنِ زَيْدٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَنْ صُنِعَ إِلَيْهِ مَعْرُوْفٌ فَقَالَ لِفَاعِلِهِ
جَزَّاكَ اللَّهُ خَيْرًا فَقَدْ أَبْلَّةَ في الثَّتَاءِ- (رواه الترمذى)
3024. Sayyiduna Usamah ibn Zayd us à +, narrated that, "If a favour is shown to
anyone and he says to the kindly person (Is an Sur) (jazak Allah Khayra may Allah
reward you heavily) then he has showered perfect praise for him."2
COMMENTARY: By saying those words, he confesses that he is unable to return the favour
and thank the benevolent person perfectly. So, he prays to Allah to reward him in this
world and the next.
STEADY ON STRAIGHT PATH: The glorious shaykh Abdul Wahhab Muttaqi an ,
asserted that a sufi must not come out of straight path whether the creatures gives him or
give him not. He must not let his feet stagger from the true path. If a sinning, worthless
person gives him something then he must not praise him as though he was a righteous
person. Rather, he must pray for him, 'May Allah grant you a good reward.'
If he suffers harm or grief at the hands of a righteous God fearing man, then he must not
throw him out from the fold of the righteous simply because of that suffering at his hands.
And, he must not deride him. Rather, he must pray for him (w, Ja,e) (may Allah forgive
him and forgive us).
This is how the people on the steady straight path conduct themselves and act.
1 Tirmidhi # 2041, Abu Dawud # 4813.
2 Tirmidhi # 2042.

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HE WHO IS UNGRATEFUL TO MEN IS UNGRATEFUL TO ALLAH
(٣٠٢٥) وَعَنْ آَبٍ هُرَيُرَةَ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَنْ لَمْ يَشْكُرِ النَّاسَ لَوْ يَشْكُرِ اللّه-
(رواه أحمد والترمذى)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3025
said, "He who is not grateful to the people will not be grateful to Allah."1
COMMENTARY: Allah is thanked by obeying Him and men who are the means of
delivering Allah's blessing should be thanked. If anyone lags behind in this then he has not
thanked Allah.
If any one fails to t hank his benefactor he is ungrateful for the blessings and does not thank Allah.
(٣٠٢٦) وَعَنْ آَنَسٍ قَالَ لَمَّا قَدِمَ رَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ الْمَدِيْنَةَ آتَاهُ الْمُهَاجِرُوَُ فَقَالُوا يَا
رَسُولَ اللَّهِ مَارَ أَيْنَا قَوْمًا أَبْذَلَ مِنْ كَثِيرٍ وَلَّا أَحْسَنَ مُوَاسَاةً مِنْ قَلِيْلٍ مِنْ قَوْمٍ نَزَلْنَا بَيْنَ اَظُهُرِهِمْ لَقَدْ
كَفَوْنَا الْمُؤْنَةَ وَاشْرَكُوْنَا فِي الْمَهْنَا حَتَّى لَقَدْ خِفْنَا أَنْ يَذْهَبُوا بِالْأَجْرِ كُلِّهِ فَقَالَ لَا مَادَعَوْتُمُ اللَّهَ لَّهُمْ وَ
أَثْنَيْتُمُ عَلَيْهِوُ - رَوَاهُ التِّرْمِذِىُّ وَصَخَّحَه-
صلى الله عليه وسلم narrated that when Allah's Messenger رضى الله عنه Sayyiduna Anas .3026
arrived in Madinah, the muhajirs (emigrants) came to him and submitted. "O
Messenger of Allah, these people to whom we have come are more generous is
spending when they have wealth, and kindly and helpful when they have little
than any we have come across. They keep us away from hard working but associate
us in their comfort, so we fear that they will take away all the reward." He said,
"No! Not until you pray to Allah for them and continue to praise them."2
COMMENTARY: When the emigrants from Makkah came to Madinah, its people - called
ansar or helpers - not only welcomed them but helped them in every possible way. They
even shared their gardens and fields, palm-trees and other belonging with them. They did
not make the emigrants work but shared the product of their labour with them willingly.
The emigrants wondered if their hijrah (emigration) and worship would earn them no
reward which might go to the ansar. The Prophet صلى الله عليه وسلم comforted them that they
would not lose their reward as long as they prayed for the ansar.
EXCHANGE OF GIFTS REMOVES GRUDGES
(٣٠٢٧) وَعَنْ عَائِشَةً عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ تَّمَا دَوْا فَإِّ الْهَدِيَّة تُذُّهِبُ الضَّغَائِنَ- (رواه الترمذى)
3027. Sayyidah Ayshah رضى الله عنهاا narrated that the Prophet صلى الله عليه وسلم said, "Give
presents to each other, for, a gift removes ill will."3
EVEN A SMALL GIFT
(٣٠٢٨) وَعَنْ أَيْ هُرَيْرَةَ عَنِ النَِّيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ تَّمَا دَوْا فَإِنَّ الْهَدِيَّة تُذْهِبُ وَحْرَ القَّدُرِ وَلَّا
1 Tirmidhi # 1961, Musnad Ahmad # 2-258, Abu Dawud # 4811.
2 Tirmidhi # 2495, Musnad Ahmad # 3938.
رضى الله عنه (Tirmidhi # 2137 (narrated Abu Hurahrah 3
.

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تَحْقِرَكَّ جَارَةٌ لِجَارِهَا وَلَوْشِقَّ فِرُسَنِ شَاٍ۔ (رواه الترمذى)
3028. Sayyiduna Abu Hurayrah رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said,
"Give presents to each other, for, a gift removes ill will from the heart. And, let not
a woman look down upon the gift of her neighbour of a piece of a sheep's trotter."1
COMMENTARY: It is both ways, applying to a woman who receives a part of a sheep's trotter
and to a woman who sends it to her neighbour. Neither in sending nor in receiving may a
woman think little of the gift. The receiving woman must receive it with a cheerful face.
(٣٠٢٩) وَعَنِ ابْنِ محُمَرَ قَالَ قَالَ رَسُولُ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ثَلَاثْ لَاتُرَؤُّ الْوَسَائِدُ وَالدُّهُنُ وَاللَّبَنُ
رَوَاهُ التِّزْ مِذِىُّ وَقَالَ هُذَا حَدِيْتْ غَرِيُبْ قِيْلَ آَرَادَ بِالدُّهُنِ الطِيْبُ-
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Ibn Umar .3029
said, "Three things are not refused (to be accepted): a pillow or cushion,
(scented) oil and milk."2
COMMENTARY: The second thing is (sd) (ad-duhn) which really is oil. The Arabs used to
apply oil generally.
DO NOT REJECT SCENTED FLOWER
(٣٠٣٠) وَعَنْ أَبِ عُثْمَانَ النَّهْدِيِّ قَالَ قَالَ رَسُولُ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ إِذَا أُعْطِئْ أَحَدُكُمُ الرَّيْحَانَ
فَلَايَرُدَّه فَإِنَّهِ خَرَجَ مِنَ الْجَنَّةِ - رَوَاهُ التِّزْمِذِىُّ مُرْسَلًا-
صلى الله عليه وسلم Sayyiduna Abu Uthman An-Nahdi narrated that Allah's Messenger .3030
said, "If anyone of you is given rayhan, he must not reject it, for, it is from
paradise."3 (Rayhan: is scented flower)
COMMENTARY: Flower is from paradise in the sense that its origin (or root) is from paradise.
SECTION III
اَلْفَضْلُ الثَّالِثُ
NOT PROPER TO PREFER ANY CHILD OVER OTHER
(٣٠٣١) عَنْ جَابِرٍ قَالَ قَالَتْ إِمْرَأَّةُ بَشِئْرٍ الْخُلَ ابْنِى غُلَامَتَ وَأَشْهِدُلِيْ رَسُولَ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ فَأَتَى
رَسُوْلَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ إِكَّ ابْنَةَّ فُلَانٍ سَأَلْتَنِ آَنْ أَنْخُلِ ابْنَهَا غُلَامِئْ وَقَالَتْ أَشْهِدُلِيُ
رَسُوْلَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَقَالَ آَلَهُ إِخْوَةٌ قَالَ نَعَمْ قَالَ آَفَكُلَّهُمْ أَعْطَيْتَّهُمْ مِثْلَ مَا أَخْتَيْتَهُ قَالَ لَّا قَالَ
فَلَيْسَ يَصْلُغُ هُذَا وَإِنَّ لَا أَشْهَدُ إِلَّا عَلى حَقٍّ-(رواه مسلم)
3031. Sayyiduna Jabir رضى الله عنه narrated that Sayyiduna Bashir's رضى الله عنه wife said to
him, "Give my son (Nu'man) your slave and request Allah's Messenger صلى الله عليه وسلم to
witness it for mmy sake." So, he came to Allah's Messenger صلى الله عليه وسلم and submitted.
"The daughter of so-and-so (meaning, Amrah bint Rawahah) asks me to give her son
1 Tirmidhi # 2137, Musnad Ahmad 2-264 (Bukhari # 2566 Muslim # 1030).
2 Tirmidhi # 2799.
3 Tirmidhi # 2800

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my slave and stipulates that I should get Allah's Messenger as witness for her." He
asked, "Has he brother?" He submitted, "Yes!" He asked, "Have you given every one
of them the like of what you give him (now)?" He said, "No!" He said, "Then, this is
not correct. And, I will not be a witness except for what is correct."1
COMMENTARY: See commentary on hadith # 3012. 2
صلى الله عليه وسلم WHEN FRESH FRUIT WAS PRESENTED TO THE PROPHET
(٣٠٣٢) وَعَنُّ انِيْ مُرَيْرَةً قَالَ رَأَيْتُ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ إِذَا أُتِيَ بِبَاكُورَةِ الْفَاكِهَةٍ وَضَعَهَا عَلى
عَيْلَيْه وَعَلَى شَفَتَيْهِ وَقَالَ اللَّهُوَّ كَمَا أَرَيْتَنَا آَوَّلَهُ فَأَرِنَا أُخِرَهُ ثُؤَّ يُعْطِيْهَا مَنْ يَكُوُنُ عِنْدَهُ مِنَ الصِّبْيَّانِ-
رَوَاءُ الْبَيْهَقِىُّ فِى الدَّعَوَاتِ الگُچِيْرِ-
3032. Sayyiduna Abu Hurayrah usa », narrated that when a first fruit was brought to
Allah's Messenger ,såno, he saw him put it on his eyes and lips. Then he prayed:
اللَّهُذَّ كَمَا أَرَيْتَنَا أَوَّلَهُ فَأَرِنَا أَخِرَهُ
(O Allah, just as you have shown us the first of it, show us the last of it). Then he
gave it to one of the boys who was present with him.3
COMMENTARY: "The last of it" could be a prayer for a long life. Or it could refer to the
hereafter to mean, 'O Allah, let us have the blessing in the hereafter.' That indeed is the
real blessing.4
CHAPTER - XVIII
AL-LUQATAH TROVES (OR FOUND PROPERTY)
بَابُ اللَّقُطَّةِ
The word (that) is read luqitah, and luqtah. The scholars of hadith know it best as luqatah.
Luqatah is that which is found somewhere (say, on a road) and its owner is not known. In
this regard, the command of Shari'ah (divine law) is that if anything is found lying
somewhere, it is mustahab (desirable) to pick it up, provided one is confident of oneself that
one would make an announcement of the find and hand it over to its owner when traced. If
one is not sure of oneself then it must be left where it lies. Again, if one apprehends that if
it is left there, then it might waste or perish then it is wajib (obligatory) to pick it up. If one
who detects it but does not pick it up and it wastes away then he will have committed a
sin. This is the general principle of luqatah. We now present some of its rulings in detail.
Luqatah is a trust with the person who picks it up provided he calls someone to witness it,
saying, "I have picked it up to preserve it or to hand it over to its owner." In this case, no
ransom will be wajib (obligatory) on him if it perishes. But, if he does not call anyone to bear
1 Muslim # 19-1624, Musnad Ahmad 3-326.
2 See also 'Bringing up Children in Islam (p 127) Dar ul Isha'at, Karachi (up bring of children in Islam
p 172 Darul Tasnif Jamiatal Uloom of Islamiyah Karachi)
3 Bayhaqi in Ad-Dawat al Kabir
4 See also bringing up children in Islam (P 251 and 382) Darul Isha'at, Karachi Also, upbringing of
Children in Islam.

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witness and the luqatah perishes then it will be wajib (obligatory) on him to make amends
for it provided the owner denies that he had picked it up to hand it over to him.
The announcement of the find must be made where the luqatah was picked up and where
people are found in large numbers generally, "who owns this things?" This announcement
must be made till the person who picks it up is convinced that its owner will not demand it
any more. However, the sahibayn (the two disciples) Imam Abu Yusuf ales, and Imam
Muhammad ales, hold that the announcement should be made for one year. If anything is
perishable then it should be announced only till the time it is likely to perish.
If the owner is traced during the times of announcement then that thing must be handed
over to him. After that, the thing must be given away as charity. If the owner appears after
that and upholds the charity then he will deserve reward for it from Allah. Or, he may ask
the person who had picked it up to redeem for that. Or, he may get it back from the person
to whom the charity was handed over, but if that thing is no more with him then he may
get a recompense from him as is the procedure with an animal found as luqatah.
Luqatah is allowed in animals too. If anyone finds a lost animal, then he may catch it,
announce it and deliver it to its owner. Whatever is spent during the period of
announcement would be counted as a favour. The owner will not be asked to pay for it if
the expenses were made without the permission of the ruler. However, if the man who
caught the animal stipulated that he would claim the expenses, and spent on it with the
permission of the ruler, then it will be like a debt whose repayment will be wajib (obligatory)
on the owner, who will repay it when he gets his animal. The man who has the luqatah has
the right to detain the animal till its owner pays him all that he had spent on it.
The ruler and the judge are instructed that if the thing found as luqatah is such that benefit
may be derived from it, like a runaway slave then he may be made to work. What he earns
may be used to pay for his expenses. If it is something from which benefit cannot be
derived, like an animal, then the judge may give permission to bear its expenses and to get
them from the owner provided that is good for the owner. If the judge deems that it will
cause loss to the owner instead of being good for him then he may get the thing sold and
retain its price to be handed over to the owner when he appears.
If a person has a luqatah and someone claims it as his property describing the thing
correctly, then it is allowed to hand it over to the claimant and it is not necessary to have
witnesses. However, if he cannot described it then the luqatah must not be handed over to
him without witnesses to it.
If the person who finds the luqatah is poor then when the time expires for the
announcement, he may use it himself. If he is rich then he may give it away as charity. In
this case, he is permitted to give it in charity to his antecedents, that is parents, and to his
descendants, that is, children, and to his wife, provided they are poor and needy.
It is mustahab (desirable), for one who can, to nab a runaway slave. Similarly, if a slave has
lost his way then it is mustahab (desirable) to keep him with oneself.
If anyone catches a runaway slave and takes him to his master at a distance of more than
three days' journey, then he is eligible to get from the slave's master forty dirhams as his
wages, even if the slave is worth less then forty dirhams. However, he who brings him
must have called someone to witness that he nabs the slave to take him to his master.
If anyone brings a distance lesser than three days then he deserves wages in that
proportion, for example, if the distance is half of that then he will get twenty dirhams.
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responsible to pay damages if he had called someone to witnesses his effort. If he had not
any witnesses then not only will he receive wages (or fare) for the journey, but also
damages will be wajib (obligatory) on him to pay.
PICKING UP AN ABANDONED CHILD
Laqit (or, an abandoned child) if found anywhere may be picked up, it being mustahab
(desirable) to do so. If there is likelihood of its death then it is wajib (obligatory) to pick it up.
If it is not established that the child is a slave then it will be presumed that he is free. The
sustenance and blood wit of a laqit is the responsibility of the state treasury. Any thing that
he leaves behind will go to the State Treasury. No one has a right to take away the laqit
from the person who has picked it up. If anyone claims that the child belongs to him then
his claim will be deemed to be reliable if he makes the claim on oath, and the child's
parentage will be established thereby. If two people claim the child to be theirs, then the
more rightful to take him will be the one who discloses any identification mark on the
child's body and if his disclosure is confirmed.
If a slave claims parentage to the child then his claim will be deemed to be correct, but that
child will continue to be a Muslim if he is found in the habitation of the Muslims or in their
neighbourhood. If the child is found among the dhimmis or their house of worship, then he
will be said to be dhimmi.
If some property is tied to the laqit or he wears jewellery, or any other thing, then, after the
judgement of a judge, it must be spent on the laqit alone, though some ulama (Scholars) say
that it may be done even without a judge's judgement.
The more correct opinion is that it is allowed to one who has picked up the laqit to send
him to a professional to acquire some professional skill, but it is not allowed to him to
marry him to someone, to use his wealth and property, or to make him work.
RULINGS ABOUT LUQATAH
(1) Suppose a man takes off his shoes and places them aside somewhere. Another man
comes and does the same thing. Then the first man comes back from where he had gone
and put on the shoes of the second man by mistake and departs. Now, what should the
second man do when he comes to find his shoes replaced? The agreed ruling is that he is
not allowed to put on shoes of the first man if they are like his own or better than his. If
these shoes are worse than his own (Second man's) then he is allowed to use them.
(2) A man may find scattered on the ground one of two kinds of things:
(a)
Of immaterial and inconsequential value: Anyone who picks it up may use it
knowing that its owner will never ask for it though has the right to demand
it. But, shaykh ul Islam als, says that its ownership transfers to him.
(b)
Something invaluable like gold and silver: He who picks them up must
preserve them and announce the find till he hands them over to their owner.
(3) If anyone find a loaf of bread or something else as much as a loaf of bread, or less then
that, then, even when he is well-off, he is allowed to eat it.
(4) If wheat or corn is ground in a mill and residue particles of that which were
previously subjected to grinding get mixed with it then there is no harm in it. This
happens generally. IF a straw from a broom belonging to someone else is used to pick
teeth, there is to harm in it too.
(5) The dung of the animals of guests in an inn do not belong to the inn-keeper when the