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الفتح الربانی
Fath al-Rabbani
كتاب الزكاةBook of Zakat
بَابُ نَهْيِ الْمُتَصَدِّقِ عَنْ مُشْتَرَى مَا تَصَدَّقَ بِهِChapter: Forbidding the Giver from Buying Back What He Gave in Charity
Hadith 3558
اُردوEn
عَنْ سُلَيْمَانَ بْنِ بُرَيْدَةَ عَنْ أَبِيهِ (بُرَيْدَةَ الْأَسْلَمِيِّ) رَضِيَ اللَّهُ عَنْهُ أَنَّ امْرَأَةً أَتَتِ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ فَقَالَتْ: يَا رَسُولَ اللَّهِ! إِنِّي تَصَدَّقْتُ عَلَى أُمِّي بِجَارِيَةٍ فَمَاتَتْ وَإِنَّهَا رَجَعَتْ إِلَيَّ فِي الْمِيرَاثِ، قَالَ: ((قَدْ أَجَرَكِ اللَّهُ، وَرَدَّ عَلَيْكِ فِي الْمِيرَاثِ))، قَالَتْ: فَإِنَّ أُمِّي مَاتَتْ وَلَمْ تَحُجَّ فَيُجْزِئُهَا أَنْ أَحُجَّ عَنْهَا؟ قَالَ: ((نَعَمْ))، قَالَتْ: فَإِنَّ أُمِّي كَانَ عَلَيْهَا صَوْمُ شَهْرٍ فَيُجْزِئُهَا أَنْ أَصُوْمَ عَنْهَا؟ قَالَ: ((نَعَمْ))
It is narrated from Sayyiduna Buraidah Aslami (may Allah be pleased with him) that a woman came to the service of the Noble Prophet (peace and blessings be upon him) and said: O Messenger of Allah! I had given a slave girl to my mother as charity, but it so happened that my mother passed away and that slave girl has come to me as inheritance. The Prophet (peace and blessings be upon him) said: Allah Almighty has given you the reward and has returned the same slave girl to you as inheritance. The same woman said: My mother passed away without performing Hajj; now if I perform Hajj on her behalf, will it suffice for her? The Prophet (peace and blessings be upon him) said: Yes. She then said: My mother also owed a month of fasting; if I fast on her behalf, will it suffice for her? The Prophet (peace and blessings be upon him) said: Yes.
Brief Explanation
Benefits: … From the ahadith of this chapter, it is understood that when something is given as charity (sadaqah), one should abandon any thought of taking it back, even if it is in the form of buying it. In reality, when a person gives something to someone as ownership for the sake of Allah Ta’ala, it does not befit him to become the owner of that thing again. Its example is similar to how the Muhajirun were not permitted to reside in Makkah Mukarramah, because they had left that home for the sake of Allah Ta’ala. From this chapter, it is established that a gifted (hibah) item cannot be taken back; this is also prohibited, and a vile example has been given for the one who does so. However, the following hadith related to this subject is noteworthy: It is narrated from Sayyiduna Abdullah ibn Amr radi Allahu anhuma that the Messenger of Allah sallallahu alayhi wa sallam said:
((The example of the one who takes back what he has given as a gift is like the example of a dog who vomits and then eats its vomit. So when the giver demands the return of the gift, he should be made to stand, and it should be made known why he is taking it back, then what he gave as a gift should be returned to him.)) (Abu Dawud: 3540, Nasa’i: 3689)
“The person who, after giving a gift (hibah), demands its return is like the dog who vomits and then starts licking it up. However, when the giver demands the return of the gift, he should be made to stand and asked why he is taking it back, then the thing he gave as a gift should be returned to him.”
The commentator of Abu Dawud, Allamah Azimabadi, has explained two meanings of this hadith:
(1) The person who gave the gift should be asked why he is demanding its return, then his item should be returned to him, because it is possible that he gave this thing as a gift in exchange for something else; now, if he receives the substitute, he will not take it back, otherwise he will take it back.
(2) The person demanding the return of the gift should be made to stand and the ruling of hibah should be explained to him, so that his ignorance is removed. Then he should be told: “Your example is like that of such-and-such dog. Now, if you wish to avoid resemblance to the dog, then desist from your demand. And if you wish to take back the gift and become like the dog who licks up its vomit, then take it back. If even then he persists in his demand, then his item should be returned to him.” (Awn al-Ma’bud: 2/1609)
It is narrated from Sayyiduna Abdullah ibn Abbas radi Allahu anhuma that the Messenger of Allah sallallahu alayhi wa sallam said:
((There is no evil example for us. The one who takes back his gift is like the dog who returns to its vomit.)) (Tirmidhi: 1298, Nasa’i: 3698)
“There is no evil example for us; the one who takes back what he has given as a gift is like the dog who starts licking up its vomit.”
Imam Mubarakpuri, while explaining this hadith, said: It does not befit us, the community of Muslims, to adopt such blameworthy traits, due to which we are likened to the most despicable state of the most despicable of creatures. The statement of Allah Ta’ala is:
{لِلَّذِیْنَ لَایُؤْمِنُوْنَ بِالْآخِرَۃِ مَثَلُ السُّوْئِ وَلِلّٰہِ الْمَثَلُ الْاَعْلٰی}
“The example of those who do not believe in the Hereafter is evil, and for Allah Ta’ala is the highest example (the most exalted attribute).”
It appears that the manner of rebuking and declaring such an act as haram in this way is more eloquent than simply saying: “Do not take back what you have given as a gift.” (Tuhfat al-Ahwadhi: 4/435) From the aforementioned noble hadith and its explanation, it is understood that taking back a gifted item is impermissible.
Zakat al-Fitr
Chapters on Sadaqat al-Fitr
Sadaqat al-Fitr: By this is meant giving the fitrah at the end of the month of Ramadan before the Eid prayer, so that the fasts may be purified from vain and obscene talk, and so that the poor may be fed. It is not correct to make the condition of being a possessor of the nisab of zakat for the payment of fitrah; this charity is obligatory upon every person who has the ability to give one sa‘ of the relevant commodity as charity. Otherwise, {لَایُکَلِّفُ اللّٰہُ نَفْسًا اِلّٰا وُسْعَھَا}. The following four chapters are related to Sadaqat al-Fitr, so for all issues related to it, study all four chapters.
((The example of the one who takes back what he has given as a gift is like the example of a dog who vomits and then eats its vomit. So when the giver demands the return of the gift, he should be made to stand, and it should be made known why he is taking it back, then what he gave as a gift should be returned to him.)) (Abu Dawud: 3540, Nasa’i: 3689)
“The person who, after giving a gift (hibah), demands its return is like the dog who vomits and then starts licking it up. However, when the giver demands the return of the gift, he should be made to stand and asked why he is taking it back, then the thing he gave as a gift should be returned to him.”
The commentator of Abu Dawud, Allamah Azimabadi, has explained two meanings of this hadith:
(1) The person who gave the gift should be asked why he is demanding its return, then his item should be returned to him, because it is possible that he gave this thing as a gift in exchange for something else; now, if he receives the substitute, he will not take it back, otherwise he will take it back.
(2) The person demanding the return of the gift should be made to stand and the ruling of hibah should be explained to him, so that his ignorance is removed. Then he should be told: “Your example is like that of such-and-such dog. Now, if you wish to avoid resemblance to the dog, then desist from your demand. And if you wish to take back the gift and become like the dog who licks up its vomit, then take it back. If even then he persists in his demand, then his item should be returned to him.” (Awn al-Ma’bud: 2/1609)
It is narrated from Sayyiduna Abdullah ibn Abbas radi Allahu anhuma that the Messenger of Allah sallallahu alayhi wa sallam said:
((There is no evil example for us. The one who takes back his gift is like the dog who returns to its vomit.)) (Tirmidhi: 1298, Nasa’i: 3698)
“There is no evil example for us; the one who takes back what he has given as a gift is like the dog who starts licking up its vomit.”
Imam Mubarakpuri, while explaining this hadith, said: It does not befit us, the community of Muslims, to adopt such blameworthy traits, due to which we are likened to the most despicable state of the most despicable of creatures. The statement of Allah Ta’ala is:
{لِلَّذِیْنَ لَایُؤْمِنُوْنَ بِالْآخِرَۃِ مَثَلُ السُّوْئِ وَلِلّٰہِ الْمَثَلُ الْاَعْلٰی}
“The example of those who do not believe in the Hereafter is evil, and for Allah Ta’ala is the highest example (the most exalted attribute).”
It appears that the manner of rebuking and declaring such an act as haram in this way is more eloquent than simply saying: “Do not take back what you have given as a gift.” (Tuhfat al-Ahwadhi: 4/435) From the aforementioned noble hadith and its explanation, it is understood that taking back a gifted item is impermissible.
Zakat al-Fitr
Chapters on Sadaqat al-Fitr
Sadaqat al-Fitr: By this is meant giving the fitrah at the end of the month of Ramadan before the Eid prayer, so that the fasts may be purified from vain and obscene talk, and so that the poor may be fed. It is not correct to make the condition of being a possessor of the nisab of zakat for the payment of fitrah; this charity is obligatory upon every person who has the ability to give one sa‘ of the relevant commodity as charity. Otherwise, {لَایُکَلِّفُ اللّٰہُ نَفْسًا اِلّٰا وُسْعَھَا}. The following four chapters are related to Sadaqat al-Fitr, so for all issues related to it, study all four chapters.
