صحيح البخاري
Bukhari
كتاب الكفالةThe Book of Al-Kafala
بَابُ الْكَفَالَةِ فِي الْقَرْضِ وَالدُّيُونِ بِالأَبْدَانِ وَغَيْرِهَا:Chapter. Al-Kafala (i.e., the pledge given by somebody to the creditor to gurantee that the debtor will be present at a certain specific place to pay his debt or fine, or to undergo a punishment, etc.) in loans and debts with oneself or other things (e.g., one’s money).
Hadith 2290
اُردوEn
وَقَالَ أَبُو الزِّنَادِ : عَنْ مُحَمَّدِ بْنِ حَمْزَةَ بْنِ عَمْرٍو الْأَسْلَمِيِّ ، عَنْ أَبِيهِ : أَنَّ عُمَرَ رَضِيَ اللَّهُ عَنْهُ ، بَعَثَهُ مُصَدِّقًا ، فَوَقَعَ رَجُلٌ عَلَى جَارِيَةِ امْرَأَتِهِ ، فَأَخَذَ حَمْزَةُ مِنَ الرَّجُلِ كَفِيلًا ، حَتَّى قَدِمَ عَلَى عُمَرَ ، وَكَانَ عُمَرُ قَدْ جَلَدَهُ مِائَةَ جَلْدَةٍ فَصَدَّقَهُمْ وَعَذَرَهُ بِالْجَهَالَةِ ، وَقَالَ جَرِيرٌ ، وَالْأَشْعَثُ لِعَبْدِ اللَّهِ بْنِ مَسْعُودٍ فِي الْمُرْتَدِّينَ : اسْتَتِبْهُمْ وَكَفِّلْهُمْ ، فَتَابُوا وَكَفَلَهُمْ عَشَائِرُهُمْ ، وَقَالَ حَمَّادٌ : إِذَا تَكَفَّلَ بِنَفْسٍ فَمَاتَ ، فَلَا شَيْءَ عَلَيْهِ ، وَقَالَ الْحَكَمُ : يَضْمَنُ .
Narrated Muhammad bin 'Amr Al-Aslami that his father Hamza said: 'Umar (ra) sent him (i.e. Hamza) as a Sadaqa / Zakat collector. A man had committed illegal sexual intercourse with the slave girl of his wife. Hamza took (personal) sureties for the adulterer till they came to 'Umar. 'Umar had lashed the adulterer one hundred lashes. 'Umar confirmed their claim (that the adulterer had already been punished) and excused him because of being Ignorant.Jarir Al-Ash'ath said to Ibn Mas'ud regarding renegades (i.e., those who became infidels after embracing Islam), "Let them repent and take (personal) sureties for them." They repented and their relatives stood sureties for them.According to Hammad, if somebody stands surety for another person and that person dies, the person giving surety will be released from responsibility. According to Al-Hakam, his responsibilities continues.
Explanation & Benefits
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
The incident of Hazrat Hamzah bin Amr al-Aslami radi Allahu anhu has been detailed by Imam Tahawi rahimahullah.
(Sharh Ma‘ani al-Athar: 147/3)
From this incident, it is understood that personal surety (kafalah) can be taken, because he took personal surety regarding the adulterous man so that he would not escape.
Hazrat Umar radi Allahu anhu and other noble Companions radi Allahu anhum did not object to this.
(2)
The incident of Hazrat Abdullah bin Mas‘ud radi Allahu anhu is also briefly mentioned here. In Sunan al-Kubra of Bayhaqi, its details are given: a person informed Abdullah bin Mas‘ud radi Allahu anhu that Ibn Nawahah, while giving the call to prayer (adhan), would say:
(Ashhadu anna Musaylimah rasul Allah)
Hazrat Abdullah bin Mas‘ud radi Allahu anhu summoned Ibn Nawahah and his companions; the muezzin Ibn Nawahah was executed, and consultation was held regarding the other companions.
Hazrat ‘Adi bin Hatim said that they too should be executed, but Hazrat Jarir and Ash‘ath said that they should be made to repent and a guarantee (kafalah) should be taken from them that they would not commit this crime again.
They were one hundred and seventy men.
(Al-Sunan al-Kubra lil-Bayhaqi: 206/8, and Fath al-Bari: 592/4)
In any case, Imam Bukhari rahimahullah has established personal surety (kafalah) from these incidents, and by analogy, financial surety can also be deduced from it.
Wallahu a‘lam.
(1)
The incident of Hazrat Hamzah bin Amr al-Aslami radi Allahu anhu has been detailed by Imam Tahawi rahimahullah.
(Sharh Ma‘ani al-Athar: 147/3)
From this incident, it is understood that personal surety (kafalah) can be taken, because he took personal surety regarding the adulterous man so that he would not escape.
Hazrat Umar radi Allahu anhu and other noble Companions radi Allahu anhum did not object to this.
(2)
The incident of Hazrat Abdullah bin Mas‘ud radi Allahu anhu is also briefly mentioned here. In Sunan al-Kubra of Bayhaqi, its details are given: a person informed Abdullah bin Mas‘ud radi Allahu anhu that Ibn Nawahah, while giving the call to prayer (adhan), would say:
(Ashhadu anna Musaylimah rasul Allah)
Hazrat Abdullah bin Mas‘ud radi Allahu anhu summoned Ibn Nawahah and his companions; the muezzin Ibn Nawahah was executed, and consultation was held regarding the other companions.
Hazrat ‘Adi bin Hatim said that they too should be executed, but Hazrat Jarir and Ash‘ath said that they should be made to repent and a guarantee (kafalah) should be taken from them that they would not commit this crime again.
They were one hundred and seventy men.
(Al-Sunan al-Kubra lil-Bayhaqi: 206/8, and Fath al-Bari: 592/4)
In any case, Imam Bukhari rahimahullah has established personal surety (kafalah) from these incidents, and by analogy, financial surety can also be deduced from it.
Wallahu a‘lam.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2290
