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The Book of Gifts
(Kitab Al-Hibat)
Chapter 1: DISAPPROVAL OF BEUYING THE DONATED
PROPERTY BY THE DONOR HIMSELF
Book 012, Number 3949:
Umar b. Khattab (Allah be pleased with him) reported: I
donated a pedigree horse in the path of Allah. Its
possesser made it languish. I thought that he would sell
it at a cheap price. I asked Allah's Menengsr (may peace
be upon him) about it, whereupon he said: Don't buy it and
do not get back your charity, for one who gets back the
charity is like a dog who swallows its vomit. This hadith
has been narrated on the authority of Malik b. Anas with
the same chain of transmitters but with this addition:"
Don't buy that even if he gives you for one dirham."
Book 012, Number 3950:
Zaid b. Aslam reported on the authority of his father
that 'Umar (Allah be pleased with him) donated a horse in
the path of Allah. He found that it had languished in the
hand of its possessor, and he was a man of meagre
resources He (Hadrat 'Umar) intended to buy it. He came to
Allah's Messenger (may peace be upon him) and made a
mention of that to him, whereupon he said: Don't buy that
even if you get it for a dirham for he who gets back the
charity is like a dog which swallows its vomit.
Book 012, Number 3951:
This hadith has been narrated on the authority of Zaid
b. Aslam with the same chain of transmitters but with this
(change) that the hadith transmitted on the authority of
Malik and Rauh (he was the son of Qisirn) is more complete
and lengthy.
Book 012, Number 3952:
Ibn 'Umar reported that 'Umar b. al-Khattib (Allah be
pleased with him) donated a horse in the path of Allah and
(later on) he found it being sold, and he decided to buy
that. He asked the Messenger of Allah (may peace be upon
him) about it. whereupon he (the Holy prophet) said: Don't
buy that and do not get back what you gave in charity.
Book 012, Number 3953:
This hadith has been narrated on the authority of Ibn
Umar through another chain of transmitters.
Book 012, Number 3954:
Salim reported from Ibn Umar (Allah be pleased with
them) that 'Umar donated a horse in the path of Allah and
then found it being sold, and he decided to buy that. He
asked Allah's Apostle (may peace be upon him) about it,
whereupon Allah's Messenger (may peace be upon him) said:
Umar, do not get back what you gave as charity.
Book 012, Number 3955:
Ibn 'Abbas (Allah be pleased with them) reported
Allah's Apostle (may peace be upon him) having said this:
He who gets back his charity is like a dog which vomit,
and then returns to that and eats it.
Book 012, Number 3956:
A hadith like this is reported on the authority of
Muhammad son of Fatima (Allah be pleased with her)
daughter of Allah's Messenger (may peace be upon him).
Book 012, Number 3957:
Ibn Abbas (Allah be pleased with them) reported: I
heard Allah's Messenger (may peace be upon him) say: The
similitude of one who gives a charity and then gets it
back is like that of a dog which vomits and then eats its
vomit.
Book 012, Number 3958:
Ibn Abbas (Allah be pleased with them) reported Allah's
Apostle (may peace be upon him) as saying: One who gets
back the gift is like one who eats vomit.
Book 012, Number 3959:
This hadith has been narrated on the authority of
Qatada with the same chain of transmitters.
Book 012, Number 3960:
Abdullah b. Tawus reported on the authority of his
father who reported from Ibn Abas (Allah be pleased with
them) who reported from Allah's Messenger 'may peace be
upon him) that he said: One who gets back his gift is like
a dog which vomits and then swallows that vomit.
Chapter 2: DISAPPROVAL OF GIVING PREFERENCE TO
SOME CHILDREN WHILE MAKING DONATION
Book 012, Number 3961:
Nu'man b. Bashir reported that his father brought him
to Allah's Messenger (may peace be upon him) and said: I
have donated this slave of mine to my son. Allah's
Messenger (may peace be upon him) said: Have you donated
to every one of your sons (a slave) like this? He said:
No. Thereupon Allah's Messenger (may peace he upon him)
said: Then take him back.
Book 012, Number 3962:
Nu'man b. Bashir reported: My father brought me to
Allah's Messenger (may peace be upon him) and said: I have
donated this slave to my son. whereupon he said: Have you
made (such) donation to every one or your sons? He said:
No. Thereupon he (the-Holy Prophet) said: Then take him
back.
Book 012, Number 3963:
This hadith has been narrated on the authority of Zubri
with different chains of transmitters and a slight
variation of words.
Book 012, Number 3964:
Nu'man b. Bashir reported that his father had donated a
slave to him. Allah's Apostle (may peace he upon him)
said: Who is this slave (how have you come to possess it)?
Thereupon he (Nu'man b. Bashir) said: My father has
donated it to me, whereupon he said: Have all brothers (of
yours) been given this gift as given to you? He said: No.
Thereupon he (the Holy Prophet) said: Then return him.
Book 012, Number 3965:
Nu'man b. Bashir reported: My father donated to me some
of his property. My mother Amra bint Rawaha said: I shall
not be pleased (with this act) until you make Allah's
Messenger (may peace be upon him) a witness to it. My
father went to Allah's Apostle (may peace be upon him) in
order to make him the witness of the donation given to me.
Allah's Messenger (may peace be upon him) said to him:
Have you done the same with every son of yours? He said:
No. Thereupon he (the Holy Prophet) said: Fear Allah, and
observe equity in case of your children. My father
returned and got back the gift.
Book 012, Number 3966:
Nu'man b. Bashir reported that his mother bint Rawaha
asked his (Nu'man's) father about donating some gifts from
his property to his son. He deferred the matter by one
year, and then set forth to do that. She (Nu'man's mother)
said: I shall not be pleased unless you call Allah's
Messenger (may peace be upon him) as witness to what you
confer as a gift on your son. (Nu'man said): So father
took hold of my hand and I was at that time a boy, and
came to Allah's Messenger (may peace be upon him). and
said: Allah's Messenger, the mother of this son (of mine),
daughter of Rawaha wishes that I should call you witness
to what I confer as gift to her son. Allah's Messenger
(may pease be upon him) said: Bashir, have you any other
son besides this (son of yours)? He said: Yes. He (the
Holy Prophet) said: Have you given gifts to all of them
like this? He said: No. Thereupon he (the Holy Prophet)
said: Then call me not as witness, for I cannot be witness
to an injustice.
Book 012, Number 3967:
Nu'man b. Bashir, reported that Allah's Messenger (may
peace be upon him) had said: Have you, besides him, other
sons? He said: Yes. Thereupon he (the Holy Prophet) said:
Have you given gifts to all of them like this (as you have
given to Nu'man)? He said: No. Thereupon he (the Holy
Prophet) said: I cannot bear witness to an injustice.
Book 012, Number 3968:
Nu'man b. Bashir (Allah be pleased with them) reported
that Allah's Messenger (may peace be upon him) said to his
father: Call me not as witness to an injustice.
Book 012, Number 3969:
Nu'man b. Bashir (Allah be pleased with them) reported:
My father took me to Allah's Messenger (may peace be upon
him) and said: Allah's Messenger, bear witness that I have
given such and such gift to Nu'man from my property,
whereupon he (the Holy Prophet) said: Have you conferred
upon all of your sons as you have conferred upon Nu'man?
He said: No. Thereupon he (the Holy Prophet) said: Call
someone else besides me as a witness. And he further said:
Would it, please you that they (your children) should all
behave virtuously towards you? He said: Yes. He (the Holy
Prophet) said: Then don't do that (i e. don't give gift to
one to the exclusion of others).
Book 012, Number 3970:
Nu'man b. Bashir reported: My father conferred a gift
upon me, and then brought me to Allah's Messenger (may
peace be upon him) to make him a witness (to it). He (the
Holy Prophet) said: Have you given such gift to every son
of yours (as you have given to Nu'man)? He said: No.
Thereupon he (the Holy Prophet) said: Don't you expect
goodness from them as you expect from him? He said: Yes.
of course. He (the Holy Prophet) said: I am not going to
bear witness to it (as it is injustice). Ibn Aun (one of
the narrators) said: I narrated this hadith to Muhammad
(the other narrator) who said: Verily we narrated that lie
(the Holy Prophet) had said: Observe equity amongst your
children.
Book 012, Number 3971:
Jabir (Allah be pleased with him) reported that the
wife of Bashir said (to her husband): Give to my son your
slave as a gift, and make for me Allah's Messenger (may
peace be upon him) a witness He came to Allah's Messenger
(may peace be upon him) and said: The daughter of so and
so (his wife Amra bint Rawaha) asked me to give my slave
as a gift to her son, and call for me Allah's Messenger
(may peace be upon him) as a witness. Thereupon he (the
Holy Prophet) said: Has he (Nu'man) brothers? He (Bashir)
said: Yes. He (further) said: Have you given to all others
as you have given to him? He said: No. He said: Then it is
not fair; and verily I cannot bear witness but only to
what is just.
Chapter 3: AL-'UMRA (LIFE GRANT)
Book 012, Number 3972:
Jabir b. 'Abdullah (Allah be pleased with them)
reported Allah's Messenger (may peace be upon him) as
saying: Whoever a person is gifted a life grant, then it
is for him (belongs to him and to his posterity, for it
belongs to him who has been gven it). It would not return
to him who gave it for he conferred it as a gift (it
becomes the property of the donee and as such) rules of
inheritance will apply to it.
Book 012, Number 3973:
Jaber b. 'Abdullah (Allah be pleased with them)
reported Allah's Messenger (may peace be upan him) as
saying: He who conferred a life grant upon a person, it
becomes his possession and that of his successors, for he
surrendered his right in that by his declaration. (This
property) now belongs to one to whom this lifelong grant
has been made, and to his successors. Yahya narrated in
the beginning of his narration: Whatever man is given a
life grant, then it belongs to him and his posterity.
Book 012, Number 3974:
Jabir b. 'Abdullah al-Ansari (Allah be pleased with
him) said: Allah's Messenger (may peace be upon him) said:
Whoever a person conferred Umra (life grant) upon a person
and he says: I confer upon you this and upon your
descendants and anyone who survives you, and that becomes
his possession and that of his posterity. It would become
(a permanent possession) of those who were conferred upon
this gift, and it would not return to its owner (donor),
for he gave that as a gift in which accrued the right of
inheritance.
Book 012, Number 3975:
Jabir (Allah be pleased with him) said: The Umra for
which Allah's Messenger (may peace be upon him) gave
sanction that a person way say: This (property) is for you
and for your descendants. And when he said: That is for
you as long as you live, then it will return to its owner
(after the death of the donee). Ma'mar said: Zuhri used to
give religious verdict according to this.
Book 012, Number 3976:
Jabir b. 'Abdullah (Allah be pleased with him) reported
that Allah's Messenger (may peace be upon him) commanded
that whoever is conferred upon a life grant along with his
descendants is entitled to make use of the property
conferred so long as he lives and his successors (also
enjoy this privilege). That (property) becomes the their
defect belonging. The donor cannot (after declaring Umra)
lay down any condition or make any exception. Abu Salama
said: For he conferred a grant and as such it becomes
heritage. and the right of inheritance abrogated his
condition.
Book 012, Number 3977:
Jabir (b. 'Abdullah) (Allah be pleased with him)
reported Allah's Messenger (may peace be upon him) as
saying: Life grant is for one upon whom it is bestowed.
Book 012, Number 3978:
Jabir b. 'Abdullah reported a hadith like this through
another chain of transmitters.
Book 012, Number 3979:
Jabir reported this hadith directly from Allah's
Apostle (may peace be upon him)
Book 012, Number 3980:
Jabir (b. 'Abdullah) (Allah be pleased with him)
reported Allah's Messenger (may peace be upon him) having
said: Keep your property to yourselves and do not squander
it, for he who conferred a life grant upon another that
property will belong to him upon whom it is conferred
whether he lives or dies, and (would pass on) to his
successors (as heritage).
Book 012, Number 3981:
This hadith is narrated on the authority of Jabir
through other chains of transmitters, but (with this
addition of words) that thehadith transmitted on the
authority of Ayyub (these words are found):" The Helpers (Ansar)
conferred the benefit of 'Umra, upon the Emigrants (Muhajirin),
whereupon Allah's Messenger (may peace be upon him) said:
Keep your property to yourselves.
Book 012, Number 3982:
Jabir (Allah be pleased with him) reported that a woman
gave her garden as a life grant to her son. He died and
later on she also died and left a son behind and brothers
also, The sons of the woman making life grant said (to
those who had been conferred upon this 'Umra): This garden
has returned to us. The sons of the one who had been given
life grant said: This belonged to our father, during his
lifetime and in case of his death. They took their dispute
to Tariq, the freed slave of 'Uthman. He called Jabir and
he gave testimony of Allah's Messenger (may peace be upon
him) having said: Life grant belongs to one who is
conferred upon this (privilege). Tariq gave this decision
and then wrote to Abd al-Malik and informed him, Jabir
bearing witness to it. Abd al-Malik said: Jabir has told
the truth. Then Tariq gave a decree and, as a result
thereof, it is to this day that the garden belongs to
descendants of one who was conferred upon the life grant.
Book 012, Number 3983:
Sulaiman b. Yasir reported that Jabir gave this
verdict. The inheritor has a right (to inherit) the life
grant according to the statement of Jabir (b. 'Abdullah)
(Allah be pleased with him) which he narrated from Allah's
Messenger (may peace be upon him).
Book 012, Number 3984:
Jabir b. 'Abdullah reported Allah's Apostle (may peace
be upon him) as saying: Life grant is permissible.
Book 012, Number 3985:
Jabir b. Abdullah (Allah be pleased with them) reported
Allah's Apostle (may peace be upon him) as saying: Life
grant is the heritage of one upon whom it is conferred.
Book 012, Number 3986:
Abd Huraira (Allah be pleased with him) reported
Allah's Apostle (may peace be upon him) as saying: Life
grant is permissible. This ha: dith is narrated on the
authority of Qatada with the same chain of transmitters.
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