سنن ابي داود
Abu Dawud
كتاب الأقضيةThe Office of the Judge (Kitab Al-Aqdiyah)
باب فِي الْوَكَالَةِChapter: Regarding authorization.
Hadith 3632
اُردوEn
حَدَّثَنَا عُبَيْدُ اللَّهِ بْنُ سَعْدِ بْنِ إِبْرَاهِيمَ ، حَدَّثَنَا عَمِّي ، حَدَّثَنَا أَبِي ، عَنِ ابْنِ إِسْحَاق ، عَنْ أَبِي نُعَيْمٍ وَهْبِ بْنِ كَيْسَانَ ، عَنْ جَابِرِ بْنِ عَبْدِ اللَّهِ ، أَنَّهُ سَمِعَهُ يُحَدِّثُ ، قَالَ : " أَرَدْتُ الْخُرُوجَ إِلَى خَيْبَرَ ، فَأَتَيْتُ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَسَلَّمْتُ عَلَيْهِ ، وَقُلْتُ لَهُ : إِنِّي أَرَدْتُ الْخُرُوجَ إِلَى خَيْبَرَ ، فَقَالَ : إِذَا أَتَيْتَ وَكِيلِي فَخُذْ مِنْهُ خَمْسَةَ عَشَرَ وَسْقًا ، فَإِنِ ابْتَغَى مِنْكَ آيَةً فَضَعْ يَدَكَ عَلَى تَرْقُوَتِهِ " .
Narrated Jabir ibn Abdullah: I intended to go (on expedition) to Khaybar. So I came to the Holy Prophet ﷺ, greeted him and said: I am intending to go to Khaybar. He said: When you come to my agent, you should take from him fifteen wasqs (of dates). If he asks you for a sign, then place your hand on his collar-bone.
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Benefit: This narration is weak in its chain of transmission.
However, appointing or becoming an agent (wakil) is permissible.
And it is established from authentic ahadith that the Messenger of Allah (sallallahu alayhi wa sallam) used to have his personal tasks carried out through his agent (wakil).
For example, the incident of purchasing a goat.
(Sahih al-Bukhari, al-Manaqib, Hadith: 3642) Furthermore, all the government officials were, in fact, deputies and agents (wakil) of the Messenger of Allah (sallallahu alayhi wa sallam).
In the current judicial system, advocacy (wakalah) is indispensable.
Without it, obtaining one’s right is impossible.
On this basis, it is permissible for the rightful person to appoint an agent (wakil) to obtain his right, and for someone to become an agent (wakil) for this purpose.
However, if someone is appointed as an agent (wakil) to usurp another’s right and to have the court stamp its approval on this injustice and usurpation, and someone becomes an agent (wakil) for such a wrongdoer and usurper, then this is absolutely not permissible.
All compensation for such advocacy (wakalah) is entirely haram and unlawful.
Benefit: This narration is weak in its chain of transmission.
However, appointing or becoming an agent (wakil) is permissible.
And it is established from authentic ahadith that the Messenger of Allah (sallallahu alayhi wa sallam) used to have his personal tasks carried out through his agent (wakil).
For example, the incident of purchasing a goat.
(Sahih al-Bukhari, al-Manaqib, Hadith: 3642) Furthermore, all the government officials were, in fact, deputies and agents (wakil) of the Messenger of Allah (sallallahu alayhi wa sallam).
In the current judicial system, advocacy (wakalah) is indispensable.
Without it, obtaining one’s right is impossible.
On this basis, it is permissible for the rightful person to appoint an agent (wakil) to obtain his right, and for someone to become an agent (wakil) for this purpose.
However, if someone is appointed as an agent (wakil) to usurp another’s right and to have the court stamp its approval on this injustice and usurpation, and someone becomes an agent (wakil) for such a wrongdoer and usurper, then this is absolutely not permissible.
All compensation for such advocacy (wakalah) is entirely haram and unlawful.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3632
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه أبوداود، القضاء، باب في الوكالة، حديث:3632.* ابن إسحاق عنعن، وعلق البخاري ببعض الحديث في صحيحه.»©Explanation:
The aforementioned narration is weak in its chain of transmission, as our esteemed researcher has also indicated. However, based on other evidences, appointing an agent (wakil) is permissible, as it is established from authentic ahadith that the Messenger of Allah (sallallahu alayhi wa sallam) would have his personal affairs carried out through his agent, such as the incident of purchasing a goat.
(Sahih al-Bukhari, al-Manaqib, Hadith: 3642) Furthermore, the following narrations also support this position.
In addition, all the government officials were deputies and agents (wakil) of the Messenger of Allah (sallallahu alayhi wa sallam).
Therefore, it is permissible to appoint someone as an agent (wakil) in financial matters.
And Allah knows best.
«أخرجه أبوداود، القضاء، باب في الوكالة، حديث:3632.* ابن إسحاق عنعن، وعلق البخاري ببعض الحديث في صحيحه.»©Explanation:
The aforementioned narration is weak in its chain of transmission, as our esteemed researcher has also indicated. However, based on other evidences, appointing an agent (wakil) is permissible, as it is established from authentic ahadith that the Messenger of Allah (sallallahu alayhi wa sallam) would have his personal affairs carried out through his agent, such as the incident of purchasing a goat.
(Sahih al-Bukhari, al-Manaqib, Hadith: 3642) Furthermore, the following narrations also support this position.
In addition, all the government officials were deputies and agents (wakil) of the Messenger of Allah (sallallahu alayhi wa sallam).
Therefore, it is permissible to appoint someone as an agent (wakil) in financial matters.
And Allah knows best.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 745
