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الفتح الربانی
Fath al-Rabbani
مسائل الغصبIssues of Usurpation
بَاب مَنْ أَخَذَ شَاءً فَذَبَحَهَا وَشَوَاهَا أَوْ طَبَخَهَا بِغَيْرِإذن أَهْلِهَاChapter: One who takes a sheep, slaughters it, roasts or cooks it without the owner’s permission
Hadith 6204
اُردوEn
عَنْ عَاصِمِ بْنِ كُلَيْبٍ عَنْ أَبِيهِ رَضِيَ اللَّهُ عَنْهُ أَنَّ رَجُلًا مِنَ الْأَنْصَارِ أَخْبَرَهُ قَالَ خَرَجْنَا مَعَ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ فِي جَنَازَةٍ فَلَمَّا رَجَعْنَا لَقِينَا دَاعِيَ امْرَأَةٍ مِنْ قُرَيْشٍ فَقَالَ يَا رَسُولَ اللَّهِ إِنَّ فُلَانَةً تَدْعُوكَ وَمَنْ مَعَكَ إِلَى طَعَامٍ فَانْصَرَفَ فَانْصَرَفْنَا مَعَهُ فَجَلَسْنَا مَجَالِسَ الْغِلْمَانِ مِنْ آبَائِهِمْ بَيْنَ أَيْدِيهِمْ ثُمَّ جِيءَ بِالطَّعَامِ فَوَضَعَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ يَدَهُ وَوَضَعَ الْقَوْمُ أَيْدِيَهُمْ فَفَطِنَ لَهُ الْقَوْمُ وَهُوَ يَلُوكُ لُقْمَةً لَا يُجِيزُهَا فَرَفَعُوا أَيْدِيَهُمْ وَغَفَلُوا عَنَّا ثُمَّ ذَكَرُوا فَأَخَذُوا بِأَيْدِينَا فَجَعَلَ الرَّجُلُ يَضْرِبُ اللُّقْمَةَ بِيَدِهِ حَتَّى تَسْقُطَ ثُمَّ أَمْسَكُوا بِأَيْدِينَا يَنْظُرُونَ مَا يَصْنَعُ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ فَلَفَظَهَا فَأَلْقَاهَا فَقَالَ أَجِدُ لَحْمَ شَاةٍ أُخِذَتْ بِغَيْرِ إِذْنِ أَهْلِهَا فَقَامَتِ الْمَرْأَةُ فَقَالَتْ يَا رَسُولَ اللَّهِ إِنَّهُ كَانَ فِي نَفْسِي أَنْ أَجْمَعَكَ وَمَنْ مَعَكَ عَلَى طَعَامٍ فَأَرْسَلْتُ إِلَى الْبَقِيعِ فَلَمْ أَجِدْ شَاةً تُبَاعُ وَكَانَ عَامِرُ بْنُ أَبِي وَقَّاصٍ ابْتَاعَ شَاةً أَمْسِ مِنَ الْبَقِيعِ فَأَرْسَلْتُ إِلَيْهِ أَنِ ابْتَغِ لِي شَاةً فِي الْبَقِيعِ فَلَمْ تُوجَدْ فَذُكِرَ لِي أَنَّكَ اشْتَرَيْتَ شَاةً فَأَرْسِلْ بِهَا إِلَيَّ فَلَمْ يَجِدْهُ الرَّسُولُ وَوَجَدَ أَهْلَهُ فَدَفَعُوهَا إِلَى رَسُولِي فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ أَطْعِمُوهَا الْأُسَارَى
An Ansari companion narrates: We went out with the Messenger of Allah, peace and blessings be upon him, for a funeral. When we returned, a caller from among the Quraysh women met us and said: (O Messenger of Allah!) Such-and-such woman is inviting you and your companions for a meal. So the Prophet, peace and blessings be upon him, went and we also accompanied him, and (upon entering the house) we sat in such a manner as children sit before their fathers. Then the food was brought, and the Prophet, peace and blessings be upon him, placed his hand on the food, and the people did likewise. But the people realized that the Prophet, peace and blessings be upon him, wanted to chew a morsel, but he was unable to do so. So they withdrew their hands and became inattentive to us. Then, when they remembered, they held our hands, then each man reached for his morsel and it fell to the ground. Then they withheld their hands and began to watch what the Messenger of Allah, peace and blessings be upon him, would do. So the Prophet, peace and blessings be upon him, threw away that morsel and said: It seems to me that this is the meat of a goat that was taken without the owner's permission. At this, the inviting woman said: O Messenger of Allah! My intention was to gather you and your companions for a meal, so I sent a man to Baqi', but there was no goat available for sale. Meanwhile, 'Amir bin Abi Waqqas had bought a goat from Baqi' yesterday, so I sent a message to him to buy a goat for me from Baqi', but none was found. Then I sent a message to him to send me the goat he had bought, but my messenger could not find him, but his family gave the goat to my messenger. Upon hearing this detail, the Messenger of Allah, peace and blessings be upon him, said: Feed this food to the prisoners.
Brief Explanation
Benefits: … In Sunan Abu Dawud, the complete narration is as follows: An Ansari says: We went out with the Messenger of Allah (sallallahu alayhi wa sallam) for a funeral. I saw the Messenger of Allah (sallallahu alayhi wa sallam) sitting at the edge of the grave, instructing the digger: “Open from the side of the feet, open from the side of the head.” When the Messenger of Allah (sallallahu alayhi wa sallam) returned from there, a woman’s messenger met him (she invited the Messenger of Allah (sallallahu alayhi wa sallam), so he accepted the invitation and went to her house). Food was brought, and the Messenger of Allah (sallallahu alayhi wa sallam) and the people began to eat. Our elders were watching the Messenger of Allah (sallallahu alayhi wa sallam). The Messenger of Allah (sallallahu alayhi wa sallam) chewed a morsel and then said: “I sense that this goat was taken and slaughtered without the owner’s permission.” The woman (explaining) said: O Messenger of Allah! I sent (a servant) to Baqi‘ to buy a goat, but no goat was found there. Then I sent to my neighbor, who had bought a goat. I sent her a message to sell me that goat, but she was not present. Then I sent a message to her husband’s wife, and she sent this goat to me. The Messenger of Allah (sallallahu alayhi wa sallam) said: “Feed this meat to the prisoners.”
(Abu Dawud: 3332)
Allamah Azimabadi (rahimahullah) said: From this hadith, it is understood that the transaction of this goat was not valid, because the consent of the woman’s husband, who was the actual owner, was not included. This is similar to a sale by an unauthorized agent (bay‘ fuduli), which is dependent on the owner’s permission. In any case, there is a strong doubt, and eating such food oneself is not preferable. (Awn al-Ma‘bud 2/1523)
This meat was not clearly haram, because it was possible to obtain the owner’s consent; therefore, it was ordered to be fed to the prisoners. We learn from this that one should avoid doubtful and unlawful foods and drinks, just as the Messenger of Allah (sallallahu alayhi wa sallam) even discarded the chewed morsel, because it was possible that the actual owner might not be pleased.
(Abu Dawud: 3332)
Allamah Azimabadi (rahimahullah) said: From this hadith, it is understood that the transaction of this goat was not valid, because the consent of the woman’s husband, who was the actual owner, was not included. This is similar to a sale by an unauthorized agent (bay‘ fuduli), which is dependent on the owner’s permission. In any case, there is a strong doubt, and eating such food oneself is not preferable. (Awn al-Ma‘bud 2/1523)
This meat was not clearly haram, because it was possible to obtain the owner’s consent; therefore, it was ordered to be fed to the prisoners. We learn from this that one should avoid doubtful and unlawful foods and drinks, just as the Messenger of Allah (sallallahu alayhi wa sallam) even discarded the chewed morsel, because it was possible that the actual owner might not be pleased.
