صحيح البخاري
Bukhari
كتاب الوصاياThe Book of Wasaya (Wills and Testaments)
بَابُ وَمَا لِلْوَصِيِّ أَنْ يَعْمَلَ فِي مَالِ الْيَتِيمِ، وَمَا يَأْكُلُ مِنْهُ بِقَدْرِ عُمَالَتِهِ:(22b) Chapter. How a guardian is to deal with an orphan’s wealth and what he can eat thereof according to his labour.
Hadith 2764
اُردوEn
{حَسِيبًا} يَعْنِي كَافِيًا.
In the verse, the meaning of «حسيبا» is "sufficient."
حَدَّثَنَا هَارُونُ بْنُ الْأَشْعَثِ ، حَدَّثَنَا أَبُو سَعِيدٍ مَوْلَى بَنِي هَاشِمٍ ، حَدَّثَنَا صَخْرُ بْنُ جُوَيْرِيَةَ ، عَنْ نَافِعٍ ، عَنْ ابْنِ عُمَرَ رَضِيَ اللَّهُ عَنْهُمَا ، أَنَّ عُمَرَ تَصَدَّقَ بِمَالٍ لَهُ عَلَى عَهْدِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، وَكَانَ يُقَالُ لَهُ : ثَمْغٌ ، وَكَانَ نَخْلًا ، فَقَالَ : عُمَرُ يَا رَسُولَ اللَّهِ ، إِنِّي اسْتَفَدْتُ مَالًا وَهُوَ عِنْدِي نَفِيسٌ فَأَرَدْتُ أَنْ أَتَصَدَّقَ بِهِ ، فَقَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " تَصَدَّقْ بِأَصْلِهِ لَا يُبَاعُ ، وَلَا يُوهَبُ ، وَلَا يُورَثُ ، وَلَكِنْ يُنْفَقُ ثَمَرُهُ " ، فَتَصَدَّقَ بِهِ عُمَرُ ، فَصَدَقَتُهُ ذَلِكَ فِي سَبِيلِ اللَّهِ وَفِي الرِّقَابِ ، وَالْمَسَاكِينِ ، وَالضَّيْفِ ، وَابْنِ السَّبِيلِ ، وَلِذِي الْقُرْبَى ، وَلَا جُنَاحَ عَلَى مَنْ وَلِيَهُ أَنْ يَأْكُلَ مِنْهُ بِالْمَعْرُوفِ ، أَوْ يُوكِلَ صَدِيقَهُ غَيْرَ مُتَمَوِّلٍ بِهِ .
Narrated Ibn `Umar: In the lifetime of Allah's Apostle , `Umar gave in charity some of his property, a garden of date-palms called Thamgh. `Umar said, "O Allah's Apostle! I have some property which I prize highly and I want to give it in charity." The Prophet; said, "Give it in charity (i.e. as an endowment) with its land and trees on the condition that the land and trees will neither be sold nor given as a present, nor bequeathed, but the fruits are to be spent in charity." So `Umar gave it in charity, and it was for Allah's Cause, the emancipation of slaves, for the poor, for guests, for travelers, and for kinsmen. The person acting as its administrator could eat from it reasonably and fairly, and could let a friend of his eat from it provided he had no intention of becoming wealthy by its means.
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
This hadith establishes that the administrator (mutawalli) of a waqf (endowment) may, in accordance with customary practice, take from it as compensation for his efforts, just as Umar (radi Allahu anhu) stipulated when he endowed his garden.
Imam Qastallani (rahimahullah) states:
"And the relevance of the hadith to the chapter heading is from the aspect that it is permissible to take a wage from the wealth of the orphan, due to the statement of Umar: 'And there is no blame upon the one who manages it if he eats from it in a reasonable manner.'" (, Qastallani)
The meaning is the same as what has been mentioned above.
This hadith establishes that the administrator (mutawalli) of a waqf (endowment) may, in accordance with customary practice, take from it as compensation for his efforts, just as Umar (radi Allahu anhu) stipulated when he endowed his garden.
Imam Qastallani (rahimahullah) states:
"And the relevance of the hadith to the chapter heading is from the aspect that it is permissible to take a wage from the wealth of the orphan, due to the statement of Umar: 'And there is no blame upon the one who manages it if he eats from it in a reasonable manner.'" (, Qastallani)
The meaning is the same as what has been mentioned above.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2764
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
This hadith proves that the supervisor of a waqf (endowment) may, in accordance with customary practice, consume from it in return for his labor, just as Umar (radi Allahu anhu) stipulated at the time of dedicating his orchard as a waqf.
Similarly, it is permissible to invest the wealth of an orphan in trade and then receive compensation for one’s labor from it, provided this is in accordance with customary practice.
It is not permissible to use this as a pretext for hoarding, as will be clarified in the forthcoming hadith of Aisha (radi Allahu anha).
This hadith proves that the supervisor of a waqf (endowment) may, in accordance with customary practice, consume from it in return for his labor, just as Umar (radi Allahu anhu) stipulated at the time of dedicating his orchard as a waqf.
Similarly, it is permissible to invest the wealth of an orphan in trade and then receive compensation for one’s labor from it, provided this is in accordance with customary practice.
It is not permissible to use this as a pretext for hoarding, as will be clarified in the forthcoming hadith of Aisha (radi Allahu anha).
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2764
