Part of Sahih Al-Bukhari
· Lesson 80 of 113
Summary of Sahih Al-Bukhari | Episode (80) | A continuation of the book on leasing, then the book on transfers, guarantees and agency
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Transcript
Machine translation — may contain errors
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In the name of Allah, the Most Gracious, the Most Merciful
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Ifadah Center
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For Humanities Studies and Research
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Presents
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Abridgment of Sahih al-Bukhari
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Chapter: Earnings of a Prostitute and Slave Girls
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Narrated by Abu Hurayrah (may Allah be pleased with him), who said:
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The Prophet (peace and blessings of Allah be upon him) forbade the earnings of slave girls.
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Commentary on the hadith
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Regarding the earnings of slave girls:
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The intended meaning
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Is the income a slave girl acquires through immorality.
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As for what she acquires through permissible labor,
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That is not forbidden.
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From the benefits of the hadith:
0:50
It is derived from the hadith
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That adultery and the wages derived from it are forbidden.
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It also contains a prohibition against unlawful earnings.
0:58
It further indicates that a condition for a valid lease
1:00
Is that it must be for a permissible benefit.
1:06
Chapter: The Stud Fee
1:08
Narrated by Ibn 'Umar (may Allah be pleased with him), who said:
1:12
The Prophet (peace and blessings of Allah be upon him) forbade the stud fee.
1:18
Commentary on the hadith
1:21
The stud fee:
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Meaning the semen of the stallion.
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It is also said:
1:25
It is the fee taken for the mating of the stallion.
1:30
From the benefits of the hadith:
1:33
It is derived from the hadith
1:35
That selling the semen of a stallion is forbidden,
1:38
As is charging a fee for mating.
1:40
The hadith also points to the encouragement of noble character.
1:47
Chapter: If one leases land and one of the two parties dies
1:52
From Nafi'
1:53
From 'Abdullah (may Allah be pleased with him), who said:
1:56
The Messenger of Allah (peace and blessings of Allah be upon him) gave Khaybar to the Jews
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On the condition that they work it and cultivate it,
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And they would have half of what it produces.
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In another narration:
2:09
Of fruit or crops.
2:11
And that Ibn 'Umar reported
2:13
That farms used to be leased for a portion of the yield.
2:18
And from Nafi'
2:19
From Rafi' ibn Khadij
2:21
That the Prophet (peace and blessings of Allah be upon him) forbade the leasing of farms.
2:27
So Ibn 'Umar went to Rafi'
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And I went with him.
2:31
He asked him,
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And he said:
2:34
The Prophet (peace and blessings of Allah be upon him) forbade the leasing of farms.
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Ibn 'Umar said:
2:40
You know that we used to lease our farms during the time of the Messenger of Allah (peace be upon him)
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For what was produced on the four [irrigation channels],
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And for some straw.
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Commentary on the hadith
2:56
"Work it and cultivate it":
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Meaning they work the palm trees therein,
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And cultivate the open land within it.
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"Half":
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Meaning a specific portion.
3:07
"Leasing of farms":
3:09
Meaning renting them out.
3:11
"On the four":
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Meaning for what is produced on the four,
3:15
Which are the irrigation channels and streams.
3:18
From the benefits of the hadith:
3:22
It is derived from the hadith
3:24
The legitimacy of leasing agricultural land.
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The hadith is used as evidence for the permissibility of sharecropping with the People of the Book in permissible matters.
3:36
Book of Transfers of Debt (Hawalat)
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Hawalah:
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Is the transfer of a debt from one liability to another.
3:46
Chapter: The Transfer of Debt
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And whether one can retract a transfer of debt.
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From Abu Hurayrah (may Allah be pleased with him)
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That the Messenger of Allah (peace and blessings of Allah be upon him) said:
3:58
"Procrastination by a wealthy person is injustice.
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So if one of you is referred to a solvent person,
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Let him accept the transfer."
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Commentary on the hadith
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"Procrastination" (Matl):
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Matl
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Is the delaying of the fulfillment of a debt
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Despite having the ability to pay.
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"Wealthy":
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Meaning the one capable of paying.
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"Referred" (Utbi'a):
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Meaning the debt is transferred.
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"Solvent" (Mali'):
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Meaning wealthy.
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From the benefits of the hadith:
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It is derived from the hadith
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That it is forbidden for a wealthy person to procrastinate on a due debt.
4:36
It also contains the prohibition of injustice.
4:38
It provides guidance toward leniency in collecting debts.
4:45
Chapter: If one transfers the debt of a deceased person to another, it is permissible.
4:50
From Salamah ibn al-Akwa' (may Allah be pleased with him), who said:
4:54
We were sitting with the Prophet (peace and blessings of Allah be upon him)
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When a funeral was brought.
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They said:
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"Pray over him."
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He said:
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"Does he have any debt?"
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They said, "No."
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He said:
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"Did he leave anything behind?"
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They said, "No."
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So he prayed over him.
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Then another funeral was brought.
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They said:
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"O Messenger of Allah,
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Pray over him."
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He said:
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"Does he have any debt?"
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It was said, "Yes."
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He said:
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"Did he leave anything behind?"
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They said:
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"Three dinars."
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So he prayed over him.
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Then a third was brought.
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They said:
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"Pray over him."
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He said:
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"Did he leave anything behind?"
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They said, "No."
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He said:
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"Does he have any debt?"
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They said:
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"Three dinars."
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He said:
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"Pray over your companion."
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Abu Qatadah said:
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"Pray over him, O Messenger of Allah,
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And I will take responsibility for his debt."
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So he prayed over him.
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Commentary on the hadith
6:10
"Did he leave anything behind?":
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Meaning to settle his debt.
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Abu Qatadah:
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He is al-Harith ibn Rib'i al-Khazraji al-Ansari (may Allah be pleased with him).
6:22
"I will take responsibility for his debt":
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Meaning I will guarantee it.
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From the benefits of the hadith:
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It is derived from the hadith
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The legitimacy of guaranteeing a debt for the deceased.
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It also shows that guaranteeing a debt for the deceased clears his liability if the amount is known.
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It contains a warning against the consequences of debt,
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And a rebuke against procrastination.
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The hadith also points to the importance of minimizing burdens
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And preparing for the Hereafter.
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Book of Guarantee (Kafalah)
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Kafalah:
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Is the guaranteeing of debts and other obligations.
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Chapter: The saying of Allah the Exalted:
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﴾And to those whom your oaths have bound, give them their share﴿
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From Ibn 'Abbas (may Allah be pleased with them both):
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﴾And to everyone We have appointed heirs﴿
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He said: "Heirs."
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﴾And to those whom your oaths have bound﴿
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He said:
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When the Muhajirun arrived in Medina,
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The Muhajir would inherit from the Ansari to the exclusion of his own blood relatives,
7:32
Because of the brotherhood the Prophet (peace and blessings of Allah be upon him) established between them.
7:37
When it was revealed:
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﴾And to everyone We have appointed heirs﴿
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It abrogated that.
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Then He said:
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﴾And to those whom your oaths have bound﴿
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Except for support, assistance, and advice.
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Inheritance has been removed,
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But one may bequeath to them.
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Commentary on the hadith
7:58
"Heirs" (Mawali):
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Meaning those who support one another and are supported by one another,
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Through strengthening, victory, and cooperation in affairs.
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Ibn 'Abbas (may Allah be pleased with them both) interpreted it as heirs.
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"And to those whom your oaths have bound":
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Meaning those with whom you have entered into a covenant of alliance for support and assistance,
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And sharing in wealth and other matters.
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All of this is among the blessings of Allah upon His servants,
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As allies would cooperate in ways that some could not manage alone.
8:33
"His relatives" (Rahm):
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The womb (rahm) refers to blood kinship.
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"Support" (Rifadah):
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Meaning assistance.
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And "Rifadah":
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Was the practice of the Quraysh in the pre-Islamic era to pool resources to buy food and drink for the pilgrims.
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"Inheritance has been removed":
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Meaning between those who had entered into such covenants.
8:53
From the benefits of the hadith:
8:57
It is derived from the hadith
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The permissibility of abrogation in Islam.
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It also shows the recommendation of making a bequest to a non-heir.
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It demonstrates the virtue of brotherhood in the religion of Allah the Almighty,
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And the virtue of cooperation in righteousness and piety.
9:14
It also shows the obligation to support a Muslim and offer him sincere advice.
9:20
'Asim reported:
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I said to Anas ibn Malik, may Allah be pleased with him,
9:25
"Has it reached you that the Prophet, peace and blessings of Allah be upon him, said,
9:30
'There is no confederacy in Islam'?"
9:32
He replied,
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"The Prophet, peace and blessings of Allah be upon him, established a confederacy between the Quraysh and the Ansar in my house."
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Commentary on the hadith:
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"Has it reached you" means: Do you have knowledge of this?
9:48
"No confederacy":
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A confederacy is a pact made between two or more parties.
9:54
"Established a confederacy" means he created a bond of brotherhood between them.
9:58
From the benefits of the hadith:
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It is derived from the hadith
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that Islam abolished every confederacy that contradicted its teachings.
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It also shows that brotherhood and confederacy in Islam are based on obedience to Allah the Almighty,
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mutual support in the religion,
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cooperation in righteousness and piety, and the establishment of truth.
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All of this remains valid and has not been abrogated.
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Chapter: Whoever guarantees a debt for a deceased person has no right to retract it.
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Jabir, may Allah be pleased with him, reported:
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The Messenger of Allah, peace and blessings of Allah be upon him, said,
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"If the wealth from Bahrain had come to me,
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I would have given you this, and this, and this."
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It did not arrive until the Prophet, peace and blessings of Allah be upon him, passed away.
10:52
When the wealth from Bahrain arrived,
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Abu Bakr, may Allah be pleased with him, ordered a herald to announce:
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"Whoever is owed a debt by the Messenger of Allah, peace and blessings of Allah be upon him, or was promised something,
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let him come to us."
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So I went to him and said,
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"The Messenger of Allah, peace and blessings of Allah be upon him,
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promised me such and such."
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He scooped up a handful for me three times.
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And he said once,
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"I came to Abu Bakr and asked him,
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but he did not give me anything.
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Then I came to him, and he did not give me anything.
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Then I came to him a third time,
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and I said,
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'I asked you, and you did not give me anything.
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Then I asked you, and you did not give me anything.
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Then I asked you, and you did not give me anything.
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Either you give me,
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or you are being stingy with me.'"
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He said,
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"I said, 'You are being stingy with me.'"
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In one narration:
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"And what disease is more severe than stinginess?"
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He said this three times.
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"I did not withhold from you at any time
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except that I intended to give you."
11:58
Jabir also reported:
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He scooped up a handful for me and said,
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"Count it."
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I found it to be five hundred.
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"Take twice as much."
12:10
In one narration:
12:12
"He counted five hundred into my hand,
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then five hundred,
12:16
then five hundred."
12:19
Commentary on the hadith:
12:22
"Wealth from Bahrain":
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Meaning the jizya wealth.
12:26
The governor of Bahrain appointed by the Prophet, peace and blessings of Allah be upon him,
12:31
was al-'Ala' ibn al-Hadrami, may Allah be pleased with him.
12:35
"I would have given you this, and this, and this":
12:39
Meaning he filled his palms three times.
12:42
"Passed away" means died.
12:45
"Promised" means he made a promise.
12:48
"He scooped up":
12:49
A handful is the amount held in the palm.
12:51
It is the capacity of both palms.
12:54
"I asked":
12:55
Meaning I requested wealth.
12:57
"You are being stingy with me":
12:59
Meaning you are being accused of stinginess from my perspective.
13:02
The intended meaning is: "You are not giving to me."
13:05
"I did not withhold from you":
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Meaning from the gift.
13:08
"Except that I intended":
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Meaning I was determined to do so.
13:12
"Count it":
13:13
From counting,
13:14
which is enumeration.
13:16
"Take twice as much":
13:19
Meaning one thousand five hundred.
13:21
Abu Bakr, may Allah be pleased with him, had delayed the gift due to his preoccupation.
13:26
"More severe":
13:28
Meaning the most severe disease.
13:30
From the benefits of the hadith:
13:34
It is derived from the hadith
13:36
the acceptance of the report of a single narrator.
13:38
It also shows the recommendation of fulfilling a promise.
13:41
It also shows the commendability of generosity in giving,
13:44
by avoiding excessive strictness in verification.
13:49
Chapter: Debt.
13:52
Abu Hurayrah, may Allah be pleased with him, reported
13:55
that the Messenger of Allah, peace and blessings of Allah be upon him,
13:58
would have a deceased man brought to him
14:01
who had a debt upon him.
14:03
He would ask,
14:04
"Has he left anything to cover his debt?"
14:07
If it was reported that he had left enough to cover his debt, he would pray over him.
14:12
Otherwise, he would say to the Muslims,
14:14
"Pray over your companion."
14:17
When Allah granted him the conquests,
14:20
he said,
14:21
"I am closer to the believers than their own selves."
14:25
In one narration:
14:27
"There is no believer except that I am closer to him in this world and the Hereafter.
14:33
So whoever among the believers dies and leaves a debt, I am responsible for its repayment.
14:38
And whoever leaves wealth, it is for his heirs."
14:42
In one narration:
14:43
"And whoever leaves dependents, they are our responsibility."
14:46
In one narration:
14:48
"Let his agnatic heirs inherit from him, whoever they may be.
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And whoever leaves a debt or a burden,
14:54
let him come to me, for I am his guardian."
14:58
Commentary on the hadith:
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"Brought" means he was brought forward.
15:05
"Deceased" means the dead person.
15:08
"He would ask" means the Messenger of Allah, peace and blessings of Allah be upon him.
15:13
"Has he left anything to cover his debt?"
15:16
Meaning an amount exceeding the costs of his burial preparations.
15:20
"If it was reported" means if they informed him.
15:23
"Enough to cover":
15:24
Meaning that which settles a debt.
15:27
"I am closer to the believers than their own selves":
15:30
Because he, peace and blessings of Allah be upon him,
15:33
offered them such counsel, compassion, and kindness
15:36
that he was the most merciful of all creation.
15:39
Thus, the Messenger of Allah, peace and blessings of Allah be upon him,
15:41
is the greatest of all creation in his favor upon them, more than anyone else.
15:46
"Burden" means dependents.
15:50
From the benefits of the hadith:
15:53
It is derived from the hadith
15:56
the encouragement to pay off debts during one's lifetime.
15:59
The hadith also indicates that the repayment of debt
16:02
comes from the estate before the distribution of inheritance.
16:08
Book of Agency.
16:10
Agency is the delegation of a matter and the authority to act to another.
16:17
Chapter: The agency of a partner for his partner in division and other matters.
16:22
'Uqbah ibn 'Amir, may Allah be pleased with him, reported
16:25
that the Messenger of Allah, peace and blessings of Allah be upon him,
16:28
gave him sheep to distribute among his Companions as sacrifices.
16:33
A young goat remained, according to one narration.
16:37
It became a one-year-old goat for 'Uqbah.
16:39
He mentioned this to the Messenger of Allah, peace and blessings of Allah be upon him,
16:44
who said, "Sacrifice it yourself."
16:48
Commentary on the hadith:
16:51
"Distribute" means to divide.
16:55
A young goat is one of the young of goats that has become strong.
17:00
From the benefits of the hadith:
17:04
It is derived from the hadith the legitimacy of the sacrifice.
17:08
It also shows the permissibility of sacrificing a one-year-old goat.
17:11
Because the young goat is one of the offspring of goats.
17:16
Chapter: If a Muslim appoints a belligerent non-Muslim as an agent in the land of war or in the land of Islam, it is permissible.
17:23
'Abd al-Rahman ibn 'Awf, may Allah be pleased with him, said:
17:27
I wrote a contract with Umayyah ibn Khalaf
17:31
that he would protect my property in Makkah,
17:34
and I would protect his property in Madinah.
17:37
When I mentioned "The Merciful" (al-Rahman),
17:40
he said, "I do not know al-Rahman.
17:43
Write to me using the name you used in the days of ignorance."
17:47
So I wrote, "Abd 'Amr."
17:49
When the day of Badr came,
17:52
I went out to a mountain to protect him when the people were asleep.
17:56
Bilal saw him.
17:58
He went out until he stood before a group of the Ansar
18:02
and said, "Umayyah ibn Khalaf! May I not be saved if Umayyah is saved!"
18:08
A group of the Ansar went out with him in pursuit of us.
18:13
When I feared they would catch up to us,
18:15
I left his son behind to distract them, and they killed him.
18:19
Then they refused to stop until they followed us.
18:22
He was a heavy man.
18:24
When they caught up to us,
18:26
I said to him, "Kneel."
18:28
So he knelt.
18:30
I threw myself over him to protect him,
18:33
but they struck him with their swords from beneath me until they killed him.
18:37
One of them hit my leg with his sword.
18:40
'Abd al-Rahman ibn 'Awf used to show us that scar on the back of his foot.
18:46
Commentary on the hadith:
18:50
"I wrote a contract" means I made a covenant and wrote a document for it.
18:55
"My property":
18:56
"Property" (al-saghiyah)
18:58
refers to a person's special interests, including wealth, family, entourage, and followers.
19:03
"Day of Badr":
19:05
Meaning the Battle of Badr.
19:07
"To protect him":
19:08
Meaning to guard him.
19:10
"Saw him":
19:11
Meaning he caught sight of him.
19:13
"May I not be saved if Umayyah is saved":
19:15
He said that
19:17
because Umayyah used to torture Bilal, may Allah be pleased with him, in Makkah severely.
19:23
"Group":
19:24
Meaning a party.
19:26
"In pursuit of us":
19:28
Meaning: they are searching for us.
19:30
He left behind.
19:31
Meaning: he left behind us.
19:33
He has a build.
19:34
Meaning: Ibn Umayyah.
19:36
His name is ‘Ali.
19:38
He was a heavy-set man.
19:40
Meaning: Umayyah was a large man.
19:43
He knelt down.
19:44
Meaning: he sat.
19:45
To protect him.
19:47
Meaning: to defend him and save him from being killed.
19:50
They pierced through.
19:52
Meaning: they thrust their swords through him until they reached him.
19:56
And they stabbed him with them.
19:58
From the benefits of the hadith:
20:30
And taking retribution from the oppressor.
20:34
Chapter: If a shepherd or an agent sees a sheep dying,
20:38
Or something that is about to spoil,
20:40
He may slaughter it and rectify what is feared to be lost.
20:45
On the authority of Ka‘b Ibn Malik:
20:47
That they had sheep grazing at Sal‘.
20:50
A slave girl of ours saw one of our sheep dying,
20:55
So she broke a stone and slaughtered it with it.
20:58
He said to them:
21:00
"Do not eat until I ask the Prophet, peace be upon him."
21:05
Or he sent someone to the Prophet, peace be upon him, to ask him.
21:10
And he asked the Prophet, peace be upon him, about that.
21:14
Or he sent [someone].
21:16
So he commanded him to eat it.
21:18
Commentary on the hadith:
21:22
At Sal‘:
21:23
It is a small mountain in Madinah.
21:26
From the benefits of the hadith:
21:30
It is derived from the hadith:
21:32
The permissibility of slaughtering an animal that is on the verge of death.
21:35
It contains the legitimacy of sending someone to ask and receive an answer.
21:39
The hadith indicates the preservation of wealth from being lost.
21:44
It shows the validity of an agent's actions,
21:47
In matters that result in the benefit of the principal.
21:52
Chapter:
21:53
The agency of those present and absent is permissible.
21:57
On the authority of Abu Hurayrah, may Allah be pleased with him:
22:00
That a man demanded payment of a debt from the Messenger of Allah, peace be upon him,
22:05
And he was harsh with him.
22:06
His Companions intended to harm him.
22:09
He said:
22:10
"Leave him,
22:11
For the one who has a right has a claim."
22:14
And they bought a camel for him and gave it to him.
22:18
In one narration:
22:19
"Give him one of the same age as his."
22:22
They said:
22:24
"We cannot find anything except better than his age."
22:27
He said:
22:28
"Buy it and give it to him,
22:31
For the best of you is the best of you in repayment."
22:35
In one narration:
22:37
He said:
22:38
"You have fulfilled my right, may Allah fulfill yours."
22:42
Commentary on the hadith:
22:45
"The witness" means the one present.
22:48
"Demanded payment":
22:49
Meaning he requested that he fulfill what was owed to him.
22:52
"He was harsh with him":
22:53
Meaning he was stern in his demand.
22:56
"They intended to harm him":
22:57
Meaning they intended to hurt him.
23:00
"Leave him":
23:01
Meaning let him be.
23:02
"For the one who has a right has a claim":
23:05
Meaning the intensity of the demand and the strength of the argument.
23:09
"We cannot find anything except better than his age":
23:12
Meaning they found a camel that was of an age,
23:15
Older than the age of the camel that was owed.
23:18
"The best of you":
23:20
Meaning the most excellent of you.
23:22
"The best of you in repayment":
23:24
Meaning for the debt.
23:26
"You have fulfilled my right":
23:27
Meaning you have given me my right in full.
23:31
From the benefits of the hadith:
23:34
It is derived from the hadith:
23:36
That whoever harms the ruler with harshness and the like,
23:40
His companions may rebuke him and disapprove of him,
23:44
Even if the ruler does not command them to do so.
23:47
It contains the legitimacy of appointing an agent for those present and capable.
23:51
It contains the permissibility of taking a debt.
23:53
It contains the permissibility of borrowing an animal.
23:56
It contains that the Imam may borrow on behalf of the poor against the zakat,
24:01
And for other Muslims against the public treasury (Bayt al-Mal).
24:06
Chapter: If one gives something as a gift to an agent or an intercessor of a people, it is permissible.
24:12
On the authority of Marwan Ibn al-Hakam,
24:14
And al-Miswar Ibn Makhramah:
24:16
That the Prophet, peace be upon him,
24:19
Said when the delegation of Hawazin came to him as Muslims:
24:22
They asked him to return their wealth and their captives to them.
24:27
He said to them:
24:28
"I have with me those whom you see.
24:30
The most beloved speech to me is the most truthful.
24:33
So choose one of the two groups:
24:36
Either the captives or the wealth."
24:39
"I had waited."
24:41
The Prophet, peace be upon him,
24:44
Had waited for them for ten-odd nights,
24:46
When he returned from al-Ta'if.
24:49
When it became clear to them that the Prophet, peace be upon him,
24:53
Would not return to them anything but one of the two groups,
24:57
They said:
24:58
"We choose our captives."
25:01
So he stood among the Muslims,
25:03
And praised Allah as He deserves,
25:06
Then said:
25:07
"To proceed:
25:09
These brothers of yours have come to us repentant.
25:13
I have decided to return their captives to them.
25:17
Whoever among you likes to do so willingly, let him do it.
25:21
And whoever likes to keep his share,
25:24
Until we give it to him from the first spoils Allah grants us,
25:29
Let him do so."
25:30
The people said:
25:32
"We do so willingly, O Messenger of Allah."
25:35
He said to them:
25:36
"We do not know who among you has consented to this,
25:39
And who has not.
25:41
So return until your representatives report your decision to us."
25:46
The people returned,
25:47
And their representatives spoke to them,
25:50
Then they returned to the Prophet, peace be upon him,
25:54
And informed him that they had consented and agreed.
25:59
Commentary on the hadith:
26:02
The delegation of Hawazin.
26:04
The delegation:
26:05
A group that visits leaders for a visit and to request a gift.
26:10
The delegation of Hawazin came after the battle of Hawazin on the day of Hunayn.
26:14
It was after the conquest in the eighth year of the Hijrah.
26:19
"Return":
26:20
Meaning give back.
26:21
"I waited":
26:22
Meaning I delayed.
26:24
"Returned":
26:25
Meaning he came back.
26:27
"It became clear to them":
26:28
Meaning it appeared to them.
26:30
"To do so willingly":
26:32
Meaning to return the captives for free with his own consent and a willing heart.
26:37
"Keep his share":
26:39
Meaning his portion of the captives.
26:42
"What Allah grants us":
26:44
The Fay':
26:46
It is what the Muslims obtain from the wealth of the disbelievers without war or jihad.
26:52
"We do not know":
26:53
Meaning we do not have knowledge.
26:55
"Until it is reported to us":
26:57
Meaning until he informs us.
26:59
"Your representatives":
27:01
The representative (al-‘arif):
27:02
He is the one in charge of the affairs of the tribe or town, managing their matters.
27:06
He reports their condition and needs to the leader.
27:10
From the benefits of the hadith:
27:14
It is derived from the hadith:
27:16
That the spoils of war are only owned by the victors through distribution.
27:20
It contains that a promise of compensation for an unknown period is permissible.
27:25
Since it is not known when Allah, the Almighty, will grant them spoils.
27:29
It contains that it is permissible for the Imam, if the people of war come to him as Muslims after he has taken their wealth and families,
27:37
To return them to them if he sees a benefit in that.
27:41
It contains the acceptance of the report of a single narrator.
27:44
The hadith indicates that the wealth of a Muslim is not lawful except with his willing consent.