Hadith 2964

حَدَّثَنَا مُحَمَّدُ بْنُ عُبَيْدٍ ، حَدَّثَنَا مُحَمَّدُ بْنُ ثَوْرٍ ، عَنْ مَعْمَرٍ ، عَنْ الزُّهْرِيِّ ، عَنْ مَالِكِ بْنِ أَوْسٍ بِهَذِهِ الْقِصَّةِ ، قَالَ : وَهُمَا يَعْنِي عَلِيًّا ، وَالْعَبَّاسَ رضي الله عنهما يختصمان فيما أفاء الله على رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مِنْ أَمْوَالِ بَنِي النَّضِيرِ ، قَالَ أَبُو دَاوُد : أَرَادَ أَنْ لَا يُوقَعَ عَلَيْهِ اسْمُ قَسْمٍ .
Narrating this tradition Malik bin Aws said: They i. e Ali and al-Abbas (Allah be pleased with them), were quarrelling about what Allah bestowed on His Messenger of Allah ﷺ, that is, the property of Banu al-Nadir. Abu Dawud said: He (Umar) intended that the name of division should not apply to it.
Hadith Reference سنن ابي داود / كتاب الخراج والفيء والإمارة / 2964
Hadith Grading الألبانی: صحيح  |  زبیر علی زئی: صحيح, انظر الحديث السابق (2963)
Hadith Takhrij « انظر ما قبلہ، (تحفة الأشراف: 10632، 10633) (صحیح) »
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:


These were the properties of Banu Nadir, which, due to being fay (spoils of war acquired without fighting), were specifically for the Messenger of Allah (sallallahu alayhi wa sallam).
He would take the annual expenses for himself and his household, and distribute the remainder among other interests of jihad and needy Muslims.


The statement of the Messenger of Allah (sallallahu alayhi wa sallam), “We have no heirs; whatever we leave behind is charity,”
was known to Abbas (radi Allahu anhu) and Ali (radi Allahu anhu).
However, perhaps they thought that there might be some particular exception for them within this general rule.


When this issue was first presented before Abu Bakr as-Siddiq (radi Allahu anhu), he convinced Fatimah (radi Allahu anha) with clear proofs, and she became satisfied, because as-Siddiq al-Akbar (radi Allahu anhu) assured her that the management and expenditure of this wealth would be exactly as it was during the time of the Messenger of Allah (sallallahu alayhi wa sallam),
and it would be spent on those on whom the Messenger of Allah (sallallahu alayhi wa sallam) used to spend.
After this, Fatimah (radi Allahu anha) never disagreed with this decision, nor did she ever raise this issue again.
Then Abbas (radi Allahu anhu) and Ali (radi Allahu anhu) requested Umar (radi Allahu anhu) that the management of this wealth could be entrusted to them in order to spend it on the categories determined by the Messenger of Allah (sallallahu alayhi wa sallam).
Umar (radi Allahu anhu) took a pledge from them to continue following the way of the Messenger of Allah (sallallahu alayhi wa sallam), and made them the administrators of this property.


This matter came before Umar (radi Allahu anhu) in such a way that some confusion arose between Abbas and Ali (radi Allahu anhuma),
and Ali (radi Allahu anhu) was dominant.
Abbas (radi Allahu anhu) wanted the property under management to be clearly divided half and half between the two of them.


Umar (radi Allahu anhu) referred again to the decision of Abu Bakr (radi Allahu anhu), accepting it on behalf of all parties and affirming its correctness and soundness, stating that the management would not differ from the way of the Messenger of Allah (sallallahu alayhi wa sallam).
He said that it would remain under the joint management of both of them without any division,
and that even the mention of division would not arise.
The reason for this was so that there would be no possibility for those who came after them to take this property as inheritance.


In Fath al-Bari, some historical evidence is presented that during the era of Uthman (radi Allahu anhu), Abbas (radi Allahu anhu) withdrew from this,
and Ali (radi Allahu anhu) became its administrator.
After him, Hasan (radi Allahu anhu), then Husayn (radi Allahu anhu), then Ali ibn Husayn, then Hasan ibn Husayn, then Zayd ibn Hasan (radi Allahu anhum ajma‘in) remained its administrators.
This continued in this manner until two hundred Hijri.
Afterwards, circumstances changed.
(Fath al-Bari, Kitab al-Fard al-Khums, Sharh Hadith: 3094)


The management of Fadak and Khaybar was, according to Surah al-Hashr:
“Mā afā’a Allāhu ‘alā rasūlihi min ahlil-qurā fa-lillāhi wa li-r-rasūli wa li-dhi-l-qurbā wa-l-yatāmā wa-l-masākīni wa-bni-s-sabīl...” (al-Hashr: 7)
— The wealth of the people of the towns which Allah gives to His Messenger (sallallahu alayhi wa sallam) without you having fought for it,
it is for Allah, His Messenger (sallallahu alayhi wa sallam), the near relatives, the orphans, the needy, and the traveler —
remained under the custodianship of the caliph.
The management of the fifth (khums) from the spoils of war was also done in this way.
After the Messenger of Allah (sallallahu alayhi wa sallam), the caliph of the Muslims is the administrator of the public treasury (bayt al-mal) and is obliged to spend it in the mentioned categories.


By “the near relatives” (dhawi al-qurba) is meant the relatives of the Messenger of Allah (sallallahu alayhi wa sallam), i.e., Banu Hashim and Banu Abd al-Muttalib.


From the aforementioned hadith (2963), it is also established that every tribe should have a chief
who is best acquainted with their affairs.


A dignified person may be called by his name or by a shortened (diminutive) form of his name,
just as Umar (radi Allahu anhu) called Malik “Mal,”
but the condition is that it should not be intended as disparagement.


A person may excuse himself from an official position.


A ruler may gently ask someone to take up an official position.


If a ruler appoints someone to maintain order among those present, it is permissible.


According to the situation, sitting in front of the imam or ruler is not blameworthy.


Interceding in good deeds is a commendable trait.


A judge should give his verdict based on evidence,
and if necessary, explain the reason for his decision when issuing it, then this is appropriate.


It is permissible to acquire property, benefit from it, and set aside the annual expenses in advance, and this is not contrary to reliance (tawakkul) on Allah.


The Messenger of Allah (sallallahu alayhi wa sallam) would not keep anything in excess of his needs,
rather, even from the minimum annual expenses, he would continue to spend in the way of Allah.
Therefore, before the year would end, the situation would reach the point of hunger,
and for months at a time, no fire would be lit in his house.
In times of severe need, he would have to take a loan.
Similarly, the household of the Messenger of Allah (sallallahu alayhi wa sallam) would spend their share in charity and live a life of voluntary poverty.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2964