لِأَنَّ عُمَرَ رَضِيَ اللَّهُ عَنْهُ أَوْقَفَ ، وَقَالَ : لَا جُنَاحَ عَلَى مَنْ وَلِيَهُ أَنْ يَأْكُلَ وَلَمْ يَخُصَّ ، إِنْ وَلِيَهُ عُمَرُ ، أَوْ غَيْرُهُ ، قَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لِأَبِي طَلْحَةَ : " أَرَى أَنْ تَجْعَلَهَا فِي الْأَقْرَبِينَ ، فَقَالَ : أَفْعَلُ ، فَقَسَمَهَا فِي أَقَارِبِهِ وَبَنِي عَمِّهِ " .
Because ‘Umar (may Allah be pleased with him) endowed (his land in Khaybar) and said that if its administrator also eats from it, there is no harm. Here, he did not specify whether he himself would be its administrator or someone else. The Prophet (peace and blessings be upon him) said to Abu Talha (may Allah be pleased with him) that I think if you wish to give your land (the garden of Bairuha’) in charity, then give it to your relatives. He replied that he would do so. Thus, he distributed it among his relatives and the sons of his uncle.
قَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لأَبِي طَلْحَةَ حِينَ قَالَ أَحَبُّ أَمْوَالِي إِلَيَّ بَيْرَحَاءَ، وَإِنَّهَا صَدَقَةٌ لِلَّهِ، فَأَجَازَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ذَلِكَ . وَقَالَ بَعْضُهُمْ لاَ يَجُوزُ حَتَّى يُبَيِّنَ لِمَنْ وَالأَوَّلُ أَصَحُّ.
When Abu Talha (may Allah be pleased with him) said that among my wealth, the garden of Bairuha is the most beloved to me, and I give it in charity in the way of Allah, the Prophet (peace and blessings of Allah be upon him) approved it (even though he did not specify to whom he would give it). But some people (the Shafi'is) said that unless it is specified for what purpose the charity is given, it will not be valid, and the first opinion is more correct.
Narrated Ibn `Abbas: The mother of Sa`d bin 'Ubada died in his absence. He said, "O Allah's Apostle! My mother died in my absence; will it be of any benefit for her if I give Sadaqa on her behalf?" The Prophet said, "Yes," Sa`d said, "I make you a witness that I gave my garden called Al Makhraf in charity on her behalf."
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
Sa’d bin ‘Ubadah radi Allahu anhu had accompanied the Prophet sallallahu alayhi wa sallam in the expedition of Dumat al-Jandal. In his absence, his respected mother passed away.
“Mukhraf” was either the name of the garden, or it means “one bearing abundant fruit.”
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2756
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
The name of Sa’d radi Allahu anhu’s mother was ‘Amrah bint Mas’ud.
At the time of her death, Sa’d radi Allahu anhu was participating in the expedition of Dumat al-Jandal along with the Messenger of Allah sallallahu alayhi wa sallam.
When he returned from the battle, the Messenger of Allah sallallahu alayhi wa sallam went to her grave and performed the funeral prayer there.
(2)
At that time, Ibn ‘Abbas radi Allahu anhu was in Makkah Mukarramah with his noble father, ‘Abbas radi Allahu anhu.
It appears that he heard this incident from Sa’d radi Allahu anhu, as is indicated by some narrations.
(3)
Sa’d radi Allahu anhu gave a garden in charity (sadaqah) on behalf of his mother.
It is permissible to give charity (sadaqah) on behalf of the deceased.
The deceased benefits from this.
(4)
Mukhraf was the name of Sa’d radi Allahu anhu’s garden, which was named so due to its abundant fruit.
(Fath al-Bari: 5/472, 473)
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2756
Maulana Dawood Raz
Hadith Commentary:
Regarding the word "mukhraf," Hafiz Sahib rahimahullah states:
His saying "al-mukhraf"—with a kasrah on the first letter, sukun on the letter with a dot (kha), and ending with a fa—means a place bearing fruit. It is called this because fruit is picked (yukhraf) from it; that is, it is harvested from the fruit. You say "a mukhraf tree" and "mithmar" (fruit-bearing), as stated by al-Khattabi. In the narration of 'Abd al-Razzaq, it appears as "al-mukhraf" without an alif, and it is the name of the mentioned garden, and "al-hait" means orchard. (Fath)
That is, "mukhraf" refers to a fruit-bearing tree, and the name of this garden itself became "Mukhraf."
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2762
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
When establishing witnesses for charity (sadaqah) is proven from this hadith, then by analogy, establishing witnesses for endowment (waqf) and bequest (wasiyyah) will also be proven for them.
Hafiz Ibn Hajar rahimahullah says:
In the hadith, this word may also be used for informing the Messenger of Allah sallallahu alayhi wa sallam of it.
It is possible that what is meant is not the well-known (formal) testimony.
But when establishing witnesses in buying and selling is established from the Qur’an, even though there is compensation involved in it, then establishing witnesses in endowment (waqf) and bequest (wasiyyah) is even more appropriate.
(2)
The commentator of Bukhari, Ibn Munir rahimahullah, says:
Imam Bukhari rahimahullah, through this chapter heading, has removed a misconception, which is that since endowment (waqf) and the like are among righteous deeds, they should be kept hidden from people.
Imam Bukhari rahimahullah has clarified that making it apparent is permissible so that in the future, no heir disputes or disagrees regarding it.
(Fath al-Bari: 5/478)
Ibn Battal rahimahullah has said:
Establishing witnesses in endowment (waqf) is obligatory; without it, the endowment will not be valid.
(‘Umdat al-Qari: 10/45)
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2762
Maulana Dawood Raz
Hadith Commentary:
Here too, the boundaries of this garden have not been specified.
From this, the purpose of the chapter is established.
It is also proven that dedicating a well or a garden as a waqf (endowment) for conveying reward (isal al-thawab) is among the best forms of ongoing charity (sadaqah jariyah), as the creation continues to benefit from it and the one for whom it was established continues to receive reward.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2770
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
According to another narration, the name of this man was Sa'd ibn 'Ubadah (radi Allahu anhu). He donated a fruit-bearing garden as charity on behalf of his mother. Since endowment (waqf) and charity (sadaqah) are very close to each other, their ruling is the same.
(2)
"Mukhraf" is a generic term. Its specification was necessary, but this specification was achieved by attributing it to the one giving the charity, because he only had this one garden, which was distinct and specified.
(3)
It is also established that dedicating a well or a garden as an endowment (waqf) for the conveyance of reward (isal al-thawab) is among the best forms of ongoing charity (sadaqah jariyah). As long as the creation continues to benefit from them, the deceased will continue to receive reward.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2770
Shaykh Dr. Abdur Rahman Freywai
1:
There is no difference of opinion among Ahl al-Sunnah wa’l-Jama‘ah regarding these two; the difference exists only concerning bodily acts of worship, such as fasting (sawm), prayer (salat), recitation of the Qur’an, and other such acts of worship.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 669
Shaykh Umar Farooq Saeedi
Benefits and Issues:
These are the only forms of conveying reward (isal al-thawab) that are permissible and legislated.
That the children should continue to supplicate (make du'a) for their deceased parents and spend wealth on their behalf.
Even if they (the parents) did not make a bequest (wasiyyah) for this.
Performing Hajj is also included among these deeds,
as has been mentioned in the previous hadith 2877.
(For further details, see Hafiz Salahuddin Yusuf’s booklet “Isal al-Thawab and Qur’an Recitation,” published by Darussalam.)
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2882