صحيح البخاري
Bukhari
كتاب الوصاياThe Book of Wasaya (Wills and Testaments)
بَابُ قَوْلِ اللَّهِ تَعَالَى: {وَإِذَا حَضَرَ الْقِسْمَةَ أُولُو الْقُرْبَى وَالْيَتَامَى وَالْمَسَاكِينُ فَارْزُقُوهُمْ مِنْهُ} :Chapter. The Statement of Allah: “And when the relatives and the orphans and Al-Masakin (the poor) are present at the time of division, give them out of the property...” (V.4:8)
Hadith 2759
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ الْفَضْلِ أَبُو النُّعْمَانِ ، حَدَّثَنَا أَبُو عَوَانَةَ ، عَنْ أَبِي بِشْرٍ ، عَنْ سَعِيدِ بْنِ جُبَيْرٍ ، عَنْ ابْنِ عَبَّاسٍ رَضِيَ اللَّهُ عَنْهُمَا ، قَالَ :إِنَّ نَاسًا يَزْعُمُونَ أَنَّ هَذِهِ الْآيَةَ نُسِخَتْ ، وَلَا ، وَاللَّهِ مَا نُسِخَتْ وَلَكِنَّهَا مِمَّا تَهَاوَنَ النَّاسُ ، هُمَا وَالِيَانِ : وَالٍ يَرِثُ ، وَذَاكَ الَّذِي يَرْزُقُ ، وَوَالٍ لَا يَرِثُ فَذَاكَ الَّذِي يَقُولُ بِالْمَعْرُوفِ ، يَقُولُ : لَا أَمْلِكُ لَكَ أَنْ أُعْطِيَكَ " .
Narrated Ibn `Abbas: Some people claim that the order in the above Verse is cancelled, by Allah, it is not cancelled, but the people have stopped acting on it. There are two kinds of guardians (who are in charge of the inheritance): One is that who inherits; such a person should give (of what he inherits to the relatives, the orphans and the needy, etc.), the other is that who does not inherit (e.g. the guardian of the orphans): such a person should speak kindly and say (to those who are present at the time of distribution), "I can not give it to you (as the wealth belongs to the orphans).
Explanation & Benefits
Maulana Dawood Raz
Hadith Footnote:
The Sa‘id ibn Jubayr al-Asadi al-Kufi mentioned in the chain is also among the eminent Tabi‘in.
He acquired knowledge from Abu Mas‘ud, Ibn ‘Abbas, Ibn ‘Umar, Ibn al-Zubayr, and Anas (radi Allahu anhum), and many people acquired knowledge from him.
In the month of Sha‘ban, 95 AH, when he was forty-nine years old, al-Hajjaj ibn Yusuf had him killed, and al-Hajjaj himself died in Ramadan, and according to some, in the same year in Shawwal. It is also said that he died six months after Sa‘id’s martyrdom.
After this, al-Hajjaj was not able to kill anyone else,
because Sa‘id had supplicated against him when al-Hajjaj, addressing him, said: “Tell me how you wish to be killed, I will kill you in that manner.”
Sa‘id replied: “O Hajjaj! You tell how you wish to be killed, for by Allah, in the same way that you kill me, I will kill you in the Hereafter.”
Al-Hajjaj said: “Do you wish that I pardon you?”
He replied: “If pardon occurs, it will be from Allah, and for you there is no exoneration or excuse in it.”
Upon hearing this, al-Hajjaj said: “Take him away and kill him.”
So when he was taken out of the door, he laughed.
This was reported to al-Hajjaj, so he ordered that he be brought back.
Thus, he was brought back and asked: “What was the reason for your laughter now?”
He replied: “I am amazed at your audacity against Allah and at Allah’s forbearance and patience with you.”
Upon hearing this, al-Hajjaj ordered that a skin be spread out, so it was spread, then he ordered that he be killed.
After this, Sa‘id ibn Jubayr said:
﴿Wajjahtu wajhiya lilladhi...﴾ (al-An‘am: 79)
Meaning: “I have turned my face away from all, towards that God Who is the Creator of the heavens and the earth, and I am not among the polytheists.”
Upon hearing this, al-Hajjaj ordered that he be tied firmly facing the direction opposite to the qiblah.
Sa‘id said:
﴿Fa-aynama tuwallu fathamma wajhullah﴾ (al-Baqarah: 115)
“Wherever you turn, there is the Face of Allah.”
Now al-Hajjaj ordered that he be turned upside down on his head.
Sa‘id said:
﴿Minha khalaqnakum wa fiha nu‘idukum wa minha nukhrijukum taratan ukhra﴾ (Ta Ha: 55)
“From it (the earth) We created you, and into it We shall return you, and from it We shall bring you forth once again.”
Upon hearing this, al-Hajjaj ordered: “Slaughter him.”
Sa‘id said: “I bear witness and present as proof that there is no deity except Allah, He is One, He has no partner, and that Muhammad is His servant and Messenger.
Preserve this proof of faith from my side until you meet me on the Day of Resurrection.”
Then Sa‘id supplicated: “O Allah! Do not enable al-Hajjaj to kill anyone after me.”
After this, he was slaughtered on the skin.
It is said that after his killing, al-Hajjaj lived only fifteen nights more; after that, al-Hajjaj developed a disease of worms in his stomach.
Al-Hajjaj summoned a physician to examine him. The physician requested a piece of rotten meat, threaded it with a string, and lowered it down his throat, leaving it for a while. Afterward, the physician pulled it out and saw that it was filled with blood.
The physician understood that now he would not survive.
Al-Hajjaj spent the rest of his life screaming and crying, saying: “What has happened to me and Sa‘id, that when I sleep, he grabs my foot and shakes it.”
Sa‘id ibn Jubayr was buried in the open lands of Iraq.
Ghafarallahu lahu (Ikmal).
The Sa‘id ibn Jubayr al-Asadi al-Kufi mentioned in the chain is also among the eminent Tabi‘in.
He acquired knowledge from Abu Mas‘ud, Ibn ‘Abbas, Ibn ‘Umar, Ibn al-Zubayr, and Anas (radi Allahu anhum), and many people acquired knowledge from him.
In the month of Sha‘ban, 95 AH, when he was forty-nine years old, al-Hajjaj ibn Yusuf had him killed, and al-Hajjaj himself died in Ramadan, and according to some, in the same year in Shawwal. It is also said that he died six months after Sa‘id’s martyrdom.
After this, al-Hajjaj was not able to kill anyone else,
because Sa‘id had supplicated against him when al-Hajjaj, addressing him, said: “Tell me how you wish to be killed, I will kill you in that manner.”
Sa‘id replied: “O Hajjaj! You tell how you wish to be killed, for by Allah, in the same way that you kill me, I will kill you in the Hereafter.”
Al-Hajjaj said: “Do you wish that I pardon you?”
He replied: “If pardon occurs, it will be from Allah, and for you there is no exoneration or excuse in it.”
Upon hearing this, al-Hajjaj said: “Take him away and kill him.”
So when he was taken out of the door, he laughed.
This was reported to al-Hajjaj, so he ordered that he be brought back.
Thus, he was brought back and asked: “What was the reason for your laughter now?”
He replied: “I am amazed at your audacity against Allah and at Allah’s forbearance and patience with you.”
Upon hearing this, al-Hajjaj ordered that a skin be spread out, so it was spread, then he ordered that he be killed.
After this, Sa‘id ibn Jubayr said:
﴿Wajjahtu wajhiya lilladhi...﴾ (al-An‘am: 79)
Meaning: “I have turned my face away from all, towards that God Who is the Creator of the heavens and the earth, and I am not among the polytheists.”
Upon hearing this, al-Hajjaj ordered that he be tied firmly facing the direction opposite to the qiblah.
Sa‘id said:
﴿Fa-aynama tuwallu fathamma wajhullah﴾ (al-Baqarah: 115)
“Wherever you turn, there is the Face of Allah.”
Now al-Hajjaj ordered that he be turned upside down on his head.
Sa‘id said:
﴿Minha khalaqnakum wa fiha nu‘idukum wa minha nukhrijukum taratan ukhra﴾ (Ta Ha: 55)
“From it (the earth) We created you, and into it We shall return you, and from it We shall bring you forth once again.”
Upon hearing this, al-Hajjaj ordered: “Slaughter him.”
Sa‘id said: “I bear witness and present as proof that there is no deity except Allah, He is One, He has no partner, and that Muhammad is His servant and Messenger.
Preserve this proof of faith from my side until you meet me on the Day of Resurrection.”
Then Sa‘id supplicated: “O Allah! Do not enable al-Hajjaj to kill anyone after me.”
After this, he was slaughtered on the skin.
It is said that after his killing, al-Hajjaj lived only fifteen nights more; after that, al-Hajjaj developed a disease of worms in his stomach.
Al-Hajjaj summoned a physician to examine him. The physician requested a piece of rotten meat, threaded it with a string, and lowered it down his throat, leaving it for a while. Afterward, the physician pulled it out and saw that it was filled with blood.
The physician understood that now he would not survive.
Al-Hajjaj spent the rest of his life screaming and crying, saying: “What has happened to me and Sa‘id, that when I sleep, he grabs my foot and shakes it.”
Sa‘id ibn Jubayr was buried in the open lands of Iraq.
Ghafarallahu lahu (Ikmal).
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2759
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
The intent of Ibn Abbas (radi Allahu anhu) is that the addressees of this verse are of two types:
First, those who will inherit the wealth, such as agnates (ʿaṣabāt) and others.
They are commanded that, at the time of the distribution of inheritance, they must give something—however little—to the poor and needy from their own share.
This is a recommended (mustahabb) command.
The second type are those who are not heirs but are in charge of the property, such as the guardian (mutawalli) of an orphan.
He is commanded to excuse himself by saying, “I myself do not own anything, therefore I apologize for not being able to give anything.”
Some jurists (fuqaha) are of the opinion that in this verse the address is to the heirs, that they should do two things:
First, that at the time of the distribution of the estate, they should give something—however little—to the poor, needy, and relatives.
The second is that if the inheritance is small in amount, then they should excuse themselves in a good manner.
(3)
A group among the scholars (ahl al-ʿilm) holds the view that the aforementioned verse is abrogated (mansukh) due to the legislation of inheritance.
According to our inclination, this verse is definitive (muḥkam) and the command in it is for recommendation (istihbab).
And Allah knows best.
(1)
The intent of Ibn Abbas (radi Allahu anhu) is that the addressees of this verse are of two types:
First, those who will inherit the wealth, such as agnates (ʿaṣabāt) and others.
They are commanded that, at the time of the distribution of inheritance, they must give something—however little—to the poor and needy from their own share.
This is a recommended (mustahabb) command.
The second type are those who are not heirs but are in charge of the property, such as the guardian (mutawalli) of an orphan.
He is commanded to excuse himself by saying, “I myself do not own anything, therefore I apologize for not being able to give anything.”
Some jurists (fuqaha) are of the opinion that in this verse the address is to the heirs, that they should do two things:
First, that at the time of the distribution of the estate, they should give something—however little—to the poor, needy, and relatives.
The second is that if the inheritance is small in amount, then they should excuse themselves in a good manner.
(3)
A group among the scholars (ahl al-ʿilm) holds the view that the aforementioned verse is abrogated (mansukh) due to the legislation of inheritance.
According to our inclination, this verse is definitive (muḥkam) and the command in it is for recommendation (istihbab).
And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2759
