Bukhari

Hadith Commentary:
From the apparent meaning of the ahadith in this chapter, it is understood that purchasing one’s own given charity is prohibited; however, it is permissible to purchase charity given by someone else from a needy person, once the needy person has taken full possession of it.

Hadith Commentary:
(1)
This hadith establishes the prohibition of purchasing one’s own given charity (sadaqah).
This is also apparent from the literal wording of the hadith.
However, the majority of scholars have interpreted this as being disliked (makruh) and as a prohibition of a lesser degree (nahi tanzih).
The same ruling applies to wealth given in expiation (kafarah) and vows (nadhar).
(2)
It should be noted that the horse which Umar (radi Allahu anhu) gave to a warrior in the path of Allah was named “Ward,” and it belonged to Tamim Dari (radi Allahu anhu), who had gifted it to the Messenger of Allah (sallallahu alayhi wa sallam).
The Messenger of Allah (sallallahu alayhi wa sallam) then granted that horse to Umar (radi Allahu anhu), and he, in turn, gave it to a mujahid (fighter in the path of Allah) for the sake of Allah.
(Fath al-Bari: 3/445)

Hadith Commentary:
The name of this horse was Ward.
It was presented as a gift to the Prophet (sallallahu alayhi wa sallam) by Tamim al-Dari, and the Prophet (sallallahu alayhi wa sallam) bestowed it upon Umar (radi Allahu anhu).

Hadith Commentary:
(1)
From the context, it is understood that there was certainly some expectation of leniency from the seller of the horse; thus, a little leniency on the part of the seller is tantamount to retracting from some parts of the sold item. This is why the Messenger of Allah (sallallahu alayhi wa sallam) described this action with the words "returning in charity" (عود في الصدقة).
(2)
If wealth that has been given in charity comes into one’s share as inheritance, then there is no difference of opinion that it is permissible to take it.
(3)
It should be clear that Umar (radi Allahu anhu) did not dedicate that horse as a waqf (endowment) for jihad, because the buying and selling of a waqf item is prohibited; rather, he had given it as ownership. The wording of the hadith also indicates that it was not a waqf but a gift (hiba).
(Fath al-Bari: 5/291)

Hadith Commentary:
Whoever has been given (a gift), it has now become his property, and it is not permissible to take it back.
This is the correspondence between the chapter and the hadith.

Hadith Commentary:
(1)
The commentator of Bukhari, Ibn Battal rahimahullah, states:
To ride a horse in the way of Allah (fi sabilillah), if it is for the purpose of transfer of ownership (tamlik), then it is like charity (sadaqah); if the recipient has taken possession of it, then it is not permissible to take it back.
And if it has been dedicated (waqf) for jihad, then it is also not permissible to take it back.
This is the position of the majority of the scholars.
(2)
From the contextual clues, it is understood that Umar radi Allahu anhu had made him the owner.
He had not dedicated the horse as a waqf in the way of Allah (fi sabilillah).
If it had been waqf, then the question of selling it and Umar radi Allahu anhu buying it would not have arisen.
In reality, Imam Bukhari rahimahullah wants to refute a certain position: that it is permissible to retract a gift (hiba), even if it is to a non-relative (ajnabi).
This position is not correct.
It is not permissible to retract a gift (hiba), the details of which we have already mentioned earlier.
(Fath al-Bari: 5/303)

Hadith Commentary:
In the chapter heading, the wage referred to is that which a person who does not participate in jihad gives to someone else as payment to go for jihad on his behalf.
As for taking a wage for jihad, it is evident that receiving such a wage is permissible.
Indeed, the command of jihad applies equally to everyone.
Therefore, without a valid excuse, it is not appropriate to avoid participation in it.
However, the situation is different if jihad is not obligatory (fard) or compulsory (wajib) upon someone, and he assists a person going for jihad and thus shares in the reward.
This is as Abdullah ibn Umar (radi Allahu anhu) did.
But if someone does this merely to avoid participating in jihad, then it is not preferable.

Hadith Commentary:
From these ahadith, it is understood that Umar al-Faruq (radi Allahu anhu) had not endowed (waqf) that horse, but rather had given it to someone as a gift (hiba), because the sale and purchase of an endowed (waqf) item is prohibited, whereas an item given as a gift (hiba) can be sold. Furthermore, something that has been given to someone in the way of Allah (fi sabilillah) cannot be bought back by the giver; however, if the charity (sadaqah) that one has given comes to him as a share in inheritance, then there is no difference of opinion regarding this matter.
It is permissible and lawful to take it.
And Allah knows best.

Hadith Commentary:
Vocabulary of the Hadith:
(1)
حَمَلْتُ عَليٰ فَرسِ:
I mounted (someone) on a horse,
meaning, I gave a horse in charity.
(2)
عَتِيق:
Fine and excellent.
(3)
اضاعه صاحبه:
The one to whom it was given in charity,
he was negligent in its care and sale, and wasted it.

Benefits and Issues:
This hadith proves that whatever is given in charity,
it is not permissible to buy it back,
and since if you buy it from the one to whom you gave it in charity,
he will return it to you at a cheap price,
for this reason the Prophet sallallahu alayhi wa sallam described this as taking back one’s charity.
According to the Imams, buying it back cheaply is impermissible,
and buying it at the correct price is disliked,
but in both cases the sale will be valid,
whereas according to the literalists (Ahl al-Zahir), this sale is not valid at all,
as the hadith demands.
However, if the item given in charity returns through inheritance,
then according to the four Imams, it is unanimously permissible,
although some scholars do not consider even this to be correct,
but this position is not correct,
because its permissibility is established from the hadith.

Urdu marginal note:
It is prohibited for the one who gave charity to purchase his own charity item, even for a price. It is possible that the recipient, out of consideration for him, may give him a discount in the price. However, another person may purchase someone else's charity item, because for him it is not charity but a purchased item. Thus, with the change in the status of the item, its ruling also changes, as mentioned in the previous hadith.

Hadith Authentication (Takhrij al-Hadith): [وأخرجه البخاري 1490، ومسلم 1620، من حديث مالك به]
Jurisprudential Points (Tafaqquh):
➊ Also see: Hadith: 214
➋ Whoever gives something as charity (sadaqah) cannot buy it back (i.e., purchase it again).
➌ The one to whom charity (sadaqah) is given may sell it in case of need.
➍ It is not permissible to take charity (sadaqah) back.
➎ The Shari‘ah has blocked the means of legal trickery (hiyal/hilah-bazi).

Takhrij:
«أخرجه البخاري، الهبة، باب لا يحل لأحد أن يرجع في هبته وصدقته، حديث:2623.»©Explanation:
➊ One should not take back, even for a price, something that has been given in charity or as alms.
Some scholars have declared it unlawful (haram) to purchase such an item.
However, the majority of scholars state that this prohibition is of a discouraging (tanzihi) nature.
➋ The Messenger of Allah (sallallahu alayhi wa sallam) forbade Umar (radi Allahu anhu) from buying back the horse he had given in charity, because in such specific cases, the seller tends to show leniency and overlook faults for the buyer, which may result in a loss for the seller.
In this way, a decrease in the price of the item is tantamount to taking back one’s charity, which is not permissible.

Benefit:
From this hadith, it is understood that if something given in charity (sadaqah) is being sold in the market, the one who gave it in charity cannot purchase it, even though purchasing and taking back charity are two different matters. However, since apparently and generally, purchasing (the item given in charity) is also included in taking it back, it has been prohibited, so that this does not become a pretext for reclaiming the charity.

Ibn Battal rahimahullah states: Allowing someone to ride one’s horse is as if making him its owner, just as our master Umar radi Allahu anhu said. When the rider takes possession of it, it is not permissible to retract. ([فتح الباري: 492/6])

Imam Bukhari rahimahullah has also titled a chapter on this hadith as follows: «بـاب إذا حـمـل رجلا عـلى فرس فهو گالـعـمرى والصدقة» “When a man gives a horse to someone for riding as a gift, it is like ‘umra and charity (sadaqah)” (i.e., it cannot be taken back). ([صحيح البخاري، قبل حديث: 2636])

How generous was our master Umar radi Allahu anhu that he even gave away a horse in charity.