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سنن ابي داود
Abu Dawud
كتاب الخراج والفيء والإمارةTribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai Wal-Imarah)
باب فِي إِحْيَاءِ الْمَوَاتِChapter: Reviving Dead Land.
Hadith 3080
اُردوEn
حَدَّثَنَا عَبْدُ الْوَاحِدِ بْنُ غِيَاثٍ ، حَدَّثَنَا عَبْدُ الْوَاحِدِ بْنُ زِيَادٍ ، حَدَّثَنَا الأَعْمَشُ ، عَنْ جَامِعِ بْنِ شَدَّادٍ ، عَنْ كُلْثُومٍ ، عَنْ زَيْنَبَ : أَنَّهَا كَانَتْ تَفْلِي رَأْسَ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، وَعِنْدَهُ امْرَأَةُ عُثْمَانَ بْنِ عَفَّانَ ، وَنِسَاءٌ مِنْ الْمُهَاجِرَاتِ وَهُنَّ يَشْتَكِينَ مَنَازِلَهُنَّ أَنَّهَا تَضِيقُ عَلَيْهِنَّ وَيُخْرَجْنَ مِنْهَا ، فَأَمَرَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَنْ تُوَرَّثَ دُورَ الْمُهَاجِرِينَ النِّسَاءُ ، فَمَاتَ عَبْدُ اللَّهِ بْنُ مَسْعُودٍ فَوُرِّثَتْهُ امْرَأَتُهُ دَارًا بِالْمَدِينَةِ .
Narrated Zaynab: She was picking lice from the head of the Messenger of Allah ﷺ while the wife of Uthman ibn Affan and the immigrant women were with him. They complained about their houses that they had been narrowed down to them and they were evicted from them. The Messenger of Allah ﷺ ordered that the houses of the Immigrants should be given to their wives. Thereafter Abdullah ibn Masud died, and his wife inherited his house in Madina.
Brief Explanation
1؎: The emigrant (muhajir) women were in a foreign land, and when the heirs of their husbands would expel them from their husbands’ homes, they would face severe difficulties in that foreign land. Therefore, the homes were allotted to them; this was a special ruling for them. In all other circumstances, the inheritance will be distributed in the homes as per the shares. The connection to the chapter is that their husbands had built these homes on vacant land, so for them, these homes became theirs by virtue of the right of reviving dead land (ihya’ al-mawat).
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
➊
According to some researchers, this narration is authentic.
The Messenger of Allah (sallallahu alayhi wa sallam) gave plots of land to the Muhajirun in Madinah Munawwarah,
so that they could build their homes on them.
Since these plots were in the sense of "reviving dead land" (ihya al-mawat), as these people had cultivated them,
they were considered their property.
This is the relevance of this hadith to this chapter.
➋
The issue of giving houses to wives in inheritance was specific to the women among the Muhajirun.
Because these people were in a new homeland in Madinah Munawwarah,
and had become distant from their relatives and close ones,
this ruling was given so that after the husband's death, they would have protection.
Or it could also mean
that in the division of inheritance, according to their share, they would be given a house instead of land, orchards, or other wealth,
so that they would be satisfied regarding their residence.
(Bazl al-Majhud,
Awn al-Ma'bud)
➊
According to some researchers, this narration is authentic.
The Messenger of Allah (sallallahu alayhi wa sallam) gave plots of land to the Muhajirun in Madinah Munawwarah,
so that they could build their homes on them.
Since these plots were in the sense of "reviving dead land" (ihya al-mawat), as these people had cultivated them,
they were considered their property.
This is the relevance of this hadith to this chapter.
➋
The issue of giving houses to wives in inheritance was specific to the women among the Muhajirun.
Because these people were in a new homeland in Madinah Munawwarah,
and had become distant from their relatives and close ones,
this ruling was given so that after the husband's death, they would have protection.
Or it could also mean
that in the division of inheritance, according to their share, they would be given a house instead of land, orchards, or other wealth,
so that they would be satisfied regarding their residence.
(Bazl al-Majhud,
Awn al-Ma'bud)
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3080
