Volume 4, 55-Wills and Testaments (Wasaayaa)
Hadith Number 2749
Chapter : 8 The Statement of Allah aza’wajal: “… After the payment of legacies he may have bequeathed or debts…”
Hadith Number 2749
Chapter : 8 The Statement of Allah aza’wajal: “… After the payment of legacies he may have bequeathed or debts…”
Narrated Abu Huraira: The Prophet (ﷺ) said, “The signs of a hypocrite are three: Whenever he speaks he tells a lie; whenever he is entrusted he proves dishonest; whenever he promises he breaks his promise.”
Hadith Number 2750
Chapter : 9 The explanantion of the Statement of Allah Taa’la: “… After payment of legacies that they may have bequeathed or debts…”
Narrated `Urwa bin Az-Zubair: Hakim bin Hizam said, “I asked Allah’s Messenger (ﷺ) for something, and he gave me, and I asked him again and he gave me and said, ‘O Hakim! This wealth is green and sweet (i.e. as tempting as fruits), and whoever takes it without greed then he is blessed in it, and whoever takes it with greediness, he is not blessed in it and he is like one who eats and never gets satisfied. The upper (i.e. giving) hand is better than the lower (i.e. taking) hand.” Hakim added, “I said, O Allah’s Messenger (ﷺ)! By Him Who has sent you with the Truth I will never demand anything from anybody after you till I die.” Afterwards Abu Bakr used to call Hakim to give him something but he refused to accept anything from him. Then `Umar called him to give him (something) but he refused. Then `Umar said, “O Muslims! I offered to him (i.e. Hakim) his share which Allah has ordained for him from this booty and he refuses to take it.” Thus Hakim did not ask anybody for anything after the Prophet, till he died–may Allah bestow His mercy upon him.
Hadith Number 2751
Narrated Ibn `Umar: I heard Allah’s Messenger (ﷺ) saying, “All of you are guardians and responsible for your charges: the Ruler (i.e. Imam) is a guardian and responsible for his subjects; and a man is a guardian of his family and is responsible for his charges; and a lady is a guardian in the house of her husband and is responsible for her charge; and a servant is a guardian of the property of his master and is responsible for his charge.” I think he also said, “And a man is a guardian of the property of his father.”
Hadith Number 2752
Chapter : 10 If somebody founds an endowment (or bequeathes) his relatives by a will
Narrated Anas: The Prophet (PBUH) said to Abu Talha, “I recommend that you divide (this garden) amongst your relatives.” Abu Talha said, “O Allah’s Messenger (ﷺ)! I will do the same.” So Abu Talha divided it among his relatives and cousins. Ibn ‘Abbes said, “When the Qur’anic Verse: “Warn your nearest kinsmen.” (26.214) Was revealed, the Prophet (ﷺ) started calling the various big families of Quraish, “O Bani Fihr! O Bani Adi!”. Abu Huraira said, “When the Verse: “Warn your nearest kinsmen” was revealed, the Prophet (ﷺ) said (in a loud voice), “O people of Quraish!”
Hadith Number 2753
Chapter : 11 Are children and women included under the term of relatives (concerning wills)
Narrated Abu Huraira: When Allah revealed the Verse: “Warn your nearest kinsmen,” Allah’s Messenger (ﷺ) got up and said, “O people of Quraish (or said similar words)! Buy (i.e. save) yourselves (from the Hellfire) as I cannot save you from Allah’s Punishment; O Bani `Abd Manaf! I cannot save you from Allah’s Punishment, O Safiya, the Aunt of Allah’s Messenger (ﷺ)! I cannot save you from Allah’s Punishment; O Fatima bint Muhammad! Ask me anything from my wealth, but I cannot save you from Allah’s Punishment.”
Hadith Number 2754
Chapter : 12 Can the founder of an endowment have the benefit of his endowment?
Narrated Anas: The Prophet (ﷺ) saw a man driving a Badana (i.e. camel for sacrifice) and said to him, “Ride on it.” The man said, “O Allah’s Messenger (ﷺ)! It is a Bandana.” (The Prophet (ﷺ) repeated his order) and on the third or fourth time he said, “Ride it, (woe to you” or said: “May Allah be merciful to you).
Hadith Number 2755
Narrated Abu Huraira: Allah’s Messenger (PBUH) saw a man driving a Badana and said to him, “Ride on it,” and on the second or the third time he added, “Woe to you.”
Hadith Number 2756
Chapter : 13 If one declares his wish to found an endowment
As Umar رضي الله عنه founded an endowment and said that it was not sinful for its administrator to eat from its yield, but he did not specify whether he (i.e., Umar) or someone else would be its administrator. The Prophet ﷺ said to Abu Talha, “I recommend that you should divide it (i.e., the garden) among your relatives.” So Abu Talha agreed and distributed it among his relatives and his cousins.
Chapter : 14 When someone says, “My house is Sadaqa for Allah’s sake,”
The Prophet ﷺ allowed Abu Talha when he said, “The most beloved of my property is (the garden of) Bairuha and I wish to give it in charity for Allah’s sake.” The Prophet ﷺ considered his deed valid. Some say that it is invalid unless it is specified as to whom the Sadaqa is to be given. But the first statement (i.e., that it is valid) is more correct.
Chapter : 15 If someone says, “My land is Sadaqa for Allah’s safe on my mother’s behalf,”
Narrated Ibn `Abbas: The mother of Sa`d bin ‘Ubada died in his absence. He said, “O Allah’s Messenger (ﷺ)! My mother died in my absence; will it be of any benefit for her if I give Sadaqa on her behalf?” The Prophet (ﷺ) said, “Yes,” Sa`d said, “I make you a witness that I gave my garden called Al Makhraf in charity on her behalf.”
Hadith Number 2757
Chapter : 16 : To give part of wealth or slaves or animals in charity or as an endowment
Narrated Ka`b bin Malik: I said, “O Allah’s Messenger (ﷺ)! For the acceptance of my repentance I wish to give all my property in charity for Allah’s sake through His Apostle .” He said, “It is better for you to keep some of the property for yourself.” I said, “Then I will keep my share in Khaibar.”
Hadith Number 2758
Chapter : 17 Whoever gave something to his representative to give in charity and then the latter returned it to him
Narrated Anas (ra): When the Holy Verse: ‘By no means shall you attain Al-Birr (piety, righteousness, it means here Allah’s Reward i.e., Paradise), unless you spend of that which you love..’, (V 3:92) was revealed, Abu Talha went to Allah’s Messenger (ﷺ) and said, “O Allah’s Messenger ! Allah, the Blessed, the Superior stated in His book: ‘By no means shall you attain Birr, unless you spend of that which you love….’ (V 3:92) and the most beloved property to me is Bairuha’ (which was a garden where Allah’s Messenger (ﷺ) used to go to sit in its shade and drink from its water). I gave it to the Allah and His Messenger (ﷺ) hoping for Allah’s Reward in the Hereafter. So, Ao Allah’s Messenger ! Use it as Allah orders you to use it.” Allah’s Messenger (ﷺ) said, “Bravo! O Abu Talha, it is fruitful property. We have accepted it from you and now we return it to you. Distribute it amongst you relatives.” So, Abu Talha distributed it amongst his relatives, amongst whom were Ubai and Hassan. When Hassan sold his share of that garden to Mu’awiyya, he was asked, “How do you see Abu Talha’s Sadaqa?” He replied, “Who should not I sell a Sa’ of date for Sa’ of money ?” The garden was situated on the courtyard of the palace of Bani Jadila built by Mu’awiya.
Hadith Number 2759
Chapter : 18 The Statement of Allah Taa’la: “And when the relatives and the orphans and Al-Masakin are present at the time of division…”
Narrated Ibn `Abbas: Some people claim that the order in the above Verse is cancelled, by Allah, it is not cancelled, but the people have stopped acting on it. There are two kinds of guardians (who are in charge of the inheritance): One is that who inherits; such a person should give (of what he inherits to the relatives, the orphans and the needy, etc.), the other is that who does not inherit (e.g. the guardian of the orphans): such a person should speak kindly and say (to those who are present at the time of distribution), “I can not give it to you (as the wealth belongs to the orphans).
Hadith Number 2760
Chapter : 19 Charity on behalf of a person who dies suddenly. And the execution of the vows.
Narrated `Aisha: A man said to the Prophet, “My mother died suddenly, and I think that if she could speak, she would have given in charity. May I give in charity on her behalf?” He said, “Yes! Give in charity on her behalf.”
Hadith Number 2761
Narrated Ibn `Abbas: Sa`d bin Ubada consulted Allah’s Messenger (ﷺ) saying, “My mother died and she had an unfulfilled vow.” The Prophet (ﷺ) said, “Fulfill it on her behalf.”