حَدَّثَنَا
قُتَيْبَةُ بْنُ سَعِيدٍ ، حَدَّثَنَا
سُفْيَانُ ، عَنْ
عَمْرٍو ، قَالَ فِي صَدَقَةِ عُمَرَ رَضِيَ اللَّهُ عَنْهُ : " لَيْسَ عَلَى الْوَلِيِّ جُنَاحٌ أَنْ يَأْكُلَ ، وَيُؤْكِلَ صَدِيقًا لَهُ غَيْرَ مُتَأَثِّلٍ مَالًا " ، فَكَانَ
ابْنُ عُمَرَ هُوَ يَلِي صَدَقَةَ عُمَرَ ، يُهْدِي لِنَاسٍ مِنْ أَهْلِ مَكَّةَ ، كَانَ يَنْزِلُ عَلَيْهِمْ .
Narrated `Amr: Concerning the Waqf of `Umar: It was not sinful of the trustee (of the Waqf) to eat or provide his friends from it, provided the trustee had no intention of collecting fortune (for himself). Ibn `Umar was the manager of the trust of `Umar and he used to give presents from it to those with whom he used to stay at Mecca.
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
Here, by "wakeel" is meant the overseer or mutawalli (trustee).
If the founder (waqif) has granted permission, then he (the overseer) may, in times of need, feed his friends from it and may also eat from it himself.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2313
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
In one narration, it is mentioned that Umar (radi Allahu anhu) dedicated a date orchard as a waqf (endowment) in the path of Allah. Among the other instructions was that the administrator (mutawalli) of this waqf, according to the established practice, may eat from it himself and may also feed a friend, but he must not hoard anything from it.
(Sahih al-Bukhari, al-Wasaya, Hadith: 2764)
(2)
Imam al-Bukhari (rahimahullah) intends to establish through this chapter heading that just as agency (wakalah) can be employed in the pure possessions of individuals, it can likewise be utilized in endowments (awqaf). If the administrator (mutawalli) of a waqf spends his time in its supervision, then there is no harm in him taking according to his need.
(3)
Umar (radi Allahu anhu) derived this principle from the Noble Qur’an. Allah, the Exalted, says:
﴿مَن كَانَ فَقِيرًا فَلْيَأْكُلْ بِالْمَعْرُوفِ﴾ “If the guardian is poor, let him eat from it according to what is customary.”
(al-Nisa 4:6)
This narration has been reported by ‘Allamah Mizzi with a connected chain, in which ‘Amr ibn Dinar narrates from Ibn ‘Umar (radi Allahu anhu).
(Fath al-Bari: 4/619)
(4)
Ibn ‘Umar (radi Allahu anhu) used to give gifts to the people of Makkah, because in the conditions of the waqf of ‘Umar (radi Allahu anhu), it was stipulated that guests should also be fed from it.
(Sahih al-Bukhari, al-Wasaya, Hadith: 2764)
Other rulings and issues related to waqf will be discussed in the Book of Waqf.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2313