صحيح البخاري
Bukhari
كتاب فرض الخمسThe Book of The Obligations of Khumus
بَابُ فَرْضِ الْخُمُسِ:Chapter. The obligations of Khumus.
Hadith 3094
اُردوEn
حَدَّثَنَا إِسْحَاقُ بْنُ مُحَمَّدٍ الْفَرْوِيُّ ، حَدَّثَنَا مَالِكُ بْنُ أَنَسٍ ، عَنْ ابْنِ شِهَابٍ ، عَنْ مَالِكِ بْنِ أَوْسِ بْنِ الْحَدَثَانِ ، وَكَانَ مُحَمَّدُ بْنُ جُبَيْرٍ ذَكَرَ لِيذِكْرًا مِنْ حَدِيثِهِ ذَلِكَ فَانْطَلَقْتُ حَتَّى أَدْخُلَ عَلَى مَالِكِ بْنِ أَوْسٍ فَسَأَلْتُهُ عَنْ ذَلِكَ الْحَدِيثِ ، فَقَالَ مَالِكٌ : بَيْنَا أَنَا جَالِسٌ فِي أَهْلِي حِينَ مَتَعَ النَّهَارُ إِذَا رَسُولُ عُمَرَ بْنِ الْخَطَّابِ يَأْتِينِي ، فَقَالَ : أَجِبْ أَمِيرَ الْمُؤْمِنِينَ فَانْطَلَقْتُ مَعَهُ حَتَّى أَدْخُلَ عَلَى عُمَرَ فَإِذَا هُوَ جَالِسٌ عَلَى رِمَالِ سَرِيرٍ لَيْسَ بَيْنَهُ وَبَيْنَهُ فِرَاشٌ مُتَّكِئٌ عَلَى وِسَادَةٍ مِنْ أَدَمٍ فَسَلَّمْتُ عَلَيْهِ ثُمَّ جَلَسْتُ ، فَقَالَ : يَا مَالِ إِنَّهُ قَدِمَ عَلَيْنَا مِنْ قَوْمِكَ أَهْلُ أَبْيَاتٍ ، وَقَدْ أَمَرْتُ فِيهِمْ بِرَضْخٍ فَاقْبِضْهُ فَاقْسِمْهُ بَيْنَهُمْ ، فَقُلْتُ : يَا أَمِيرَ الْمُؤْمِنِينَ لَوْ أَمَرْتَ بِهِ غَيْرِي ، قَالَ : اقْبِضْهُ أَيُّهَا الْمَرْءُ ، فَبَيْنَا أَنَا جَالِسٌ عِنْدَهُ أَتَاهُ حَاجِبُهُ يَرْفَا ، فَقَالَ : هَلْ لَكَ فِي عُثْمَانَ وَعَبْدِ الرَّحْمَنِ بْنِ عَوْفٍ وَالزُّبَيْرِ وَسَعْدِ بْنِ أَبِي وَقَّاصٍ يَسْتَأْذِنُونَ ، قَالَ : نَعَمْ فَأَذِنَ لَهُمْ فَدَخَلُوا فَسَلَّمُوا وَجَلَسُوا ، ثُمَّ جَلَسَ يَرْفَا يَسِيرًا ، ثُمَّ قَالَ : هَلْ لَكَ فِي عَلِيٍّ وَعَبَّاسٍ ، قَالَ : نَعَمْ فَأَذِنَ لَهُمَا فَدَخَلَا فَسَلَّمَا فَجَلَسَا ، فَقَالَ عَبَّاسٌ : يَا أَمِيرَ الْمُؤْمِنِينَ اقْضِ بَيْنِي وَبَيْنَ هَذَا وَهُمَا يَخْتَصِمَانِ فِيمَا أَفَاءَ اللَّهُ عَلَى رَسُولِهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مِنْ بَنِي النَّضِيرِ ، فَقَالَ الرَّهْطُ : عُثْمَانُ وَأَصْحَابُهُ يَا أَمِيرَ الْمُؤْمِنِينَ اقْضِ بَيْنَهُمَا وَأَرِحْ أَحَدَهُمَا مِنَ الْآخَرِ ، قَالَ عُمَرُ : تَيْدَكُمْ أَنْشُدُكُمْ بِاللَّهِ الَّذِي بِإِذْنِهِ تَقُومُ السَّمَاءُ وَالْأَرْضُ ، هَلْ تَعْلَمُونَ أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، قَالَ : " لَا نُورَثُ مَا تَرَكْنَا صَدَقَةٌ " يُرِيدُ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ نَفْسَهُ ، قَالَ الرَّهْطُ : قَدْ قَالَ ذَلِكَ فَأَقْبَلَ عُمَرُ عَلَى عَلِيٍّ وعَبَّاسٍ ، فَقَالَ : أَنْشُدُكُمَا اللَّهَ أَتَعْلَمَانِ أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَدْ قَالَ ذَلِكَ : قَالَا : قَدْ قَالَ ذَلِكَ ، قَالَ عُمَرُ : فَإِنِّي أُحَدِّثُكُمْ عَنْ هَذَا الْأَمْرِ إِنَّ اللَّهَ قَدْ خَصَّ رَسُولَهُ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فِي هَذَا الْفَيْءِ بِشَيْءٍ لَمْ يُعْطِهِ أَحَدًا غَيْرَهُ ، ثُمَّ قَرَأَ وَمَا أَفَاءَ اللَّهُ عَلَى رَسُولِهِ مِنْهُمْ إِلَى قَوْلِهِ قَدِيرٌ سورة الحشر آية 6 فَكَانَتْ هَذِهِ خَالِصَةً لِرَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَاللَّهِ مَا احْتَازَهَا دُونَكُمْ وَلَا اسْتَأْثَرَ بِهَا عَلَيْكُمْ قَدْ أَعْطَاكُمُوهُ وَبَثَّهَا فِيكُمْ حَتَّى بَقِيَ مِنْهَا هَذَا الْمَالُ ، فَكَانَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يُنْفِقُ عَلَى أَهْلِهِ نَفَقَةَ سَنَتِهِمْ مِنْ هَذَا الْمَالِ ثُمَّ يَأْخُذُ مَا بَقِيَ فَيَجْعَلُهُ مَجْعَلَ مَالِ اللَّهِ ، فَعَمِلَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ بِذَلِكَ حَيَاتَهُ أَنْشُدُكُمْ بِاللَّهِ هَلْ تَعْلَمُونَ ذَلِكَ ، قَالُوا : نَعَمْ ، ثُمَّ قَالَ : لِعَلِيٍّ وعَبَّاسٍ أَنْشُدُكُمَا بِاللَّهِ هَلْ تَعْلَمَانِ ذَلِكَ ، قَالَ عُمَرُ : ثُمَّ تَوَفَّى اللَّهُ نَبِيَّهُ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَقَالَ أَبُو بَكْرٍ : أَنَا وَلِيُّ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَبَضَهَا أَبُو بَكْرٍ فَعَمِلَ فِيهَا بِمَا عَمِلَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَاللَّهُ يَعْلَمُ إِنَّهُ فِيهَا لَصَادِقٌ بَارٌّ رَاشِدٌ تَابِعٌ لِلْحَقِّ ، ثُمَّ تَوَفَّى اللَّهُ أَبَا بَكْرٍ فَكُنْتُ أَنَا وَلِيَّ أَبِي بَكْرٍ فَقَبَضْتُهَا سَنَتَيْنِ مِنْ إِمَارَتِي أَعْمَلُ فِيهَا بِمَا عَمِلَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، وَمَا عَمِلَ فِيهَا أَبُو بَكْرٍ وَاللَّهُ يَعْلَمُ إِنِّي فِيهَا لَصَادِقٌ بَارٌّ رَاشِدٌ تَابِعٌ لِلْحَقِّ ، ثُمَّ جِئْتُمَانِي تُكَلِّمَانِي وَكَلِمَتُكُمَا وَاحِدَةٌ وَأَمْرُكُمَا وَاحِدٌ جِئْتَنِي يَا عَبَّاسُ تَسْأَلُنِي نَصِيبَكَ مِنَ ابْنِ أَخِيكَ ، وَجَاءَنِي هَذَا يُرِيدُ عَلِيًّا يُرِيدُ نَصِيبَ امْرَأَتِهِ مِنْ أَبِيهَا ، فَقُلْتُ : لَكُمَا إِنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، قَالَ : لَا نُورَثُ مَا تَرَكْنَا صَدَقَةٌ فَلَمَّا بَدَا لِي أَنْ أَدْفَعَهُ إِلَيْكُمَا ، قُلْتُ : إِنْ شِئْتُمَا دَفَعْتُهَا إِلَيْكُمَا عَلَى أَنَّ عَلَيْكُمَا عَهْدَ اللَّهِ وَمِيثَاقَهُ لَتَعْمَلَانِ فِيهَا بِمَا عَمِلَ فِيهَا رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَبِمَا عَمِلَ فِيهَا أَبُو بَكْرٍ وَبِمَا عَمِلْتُ فِيهَا مُنْذُ وَلِيتُهَا ، فَقُلْتُمَا ادْفَعْهَا إِلَيْنَا فَبِذَلِكَ دَفَعْتُهَا إِلَيْكُمَا فَأَنْشُدُكُمْ بِاللَّهِ ، هَلْ دَفَعْتُهَا إِلَيْهِمَا بِذَلِكَ ؟ ، قَالَ : الرَّهْطُ نَعَمْ ثُمَّ أَقْبَلَ عَلَى عَلِيٍّ وعَبَّاسٍ ، فَقَالَ : أَنْشُدُكُمَا بِاللَّهِ هَلْ دَفَعْتُهَا إِلَيْكُمَا بِذَلِكَ ، قَالَا : نَعَمْ ، قَالَ : فَتَلْتَمِسَانِ مِنِّي قَضَاءً غَيْرَ ذَلِكَ فَوَاللَّهِ الَّذِي بِإِذْنِهِ تَقُومُ السَّمَاءُ وَالْأَرْضُ لَا أَقْضِي فِيهَا قَضَاءً غَيْرَ ذَلِكَ ، فَإِنْ عَجَزْتُمَا عَنْهَا فَادْفَعَاهَا إِلَيَّ فَإِنِّي أَكْفِيكُمَاهَا " .
Narrated Malik bin Aus: While I was at home, the sun rose high and it got hot. Suddenly the messenger of `Umar bin Al- Khattab came to me and said, "The chief of the believers has sent for you." So, I went along with him till I entered the place where `Umar was sitting on a bedstead made of date-palm leaves and covered with no mattress, and he was leaning over a leather pillow. I greeted him and sat down. He said, "O Malik! Some persons of your people who have families came to me and I have ordered that a gift should be given to them, so take it and distribute it among them." I said, "O chief of the believers! I wish that you order someone else to do it." He said, "O man! Take it." While I was sitting there with him, his doorman Yarfa' came saying, "`Uthman, `Abdur-Rahman bin `Auf, Az-Zubair and Sa`d bin Abi Waqqas are asking your permission (to see you); may I admit them?" `Umar said, "Yes", So they were admitted and they came in, greeted him, and sat down. After a while Yarfa' came again and said, "May I admit `Ali and `Abbas?" `Umar said, "yes." So, they were admitted and they came in and greeted (him) and sat down. Then `Abbas said, "O chief of the believers! Judge between me and this (i.e. `Ali)." They had a dispute regarding the property of Bani An-Nadir which Allah had given to His Apostle as Fai. The group (i.e. `Uthman and his companions) said, "O chief of the believers! Judge between them and relieve both of them front each other." `Umar said, "Be patient! I beseech you by Allah by Whose Permission the Heaven and the Earth exist, do you know that Allah's Apostle said, 'Our (i.e. prophets') property will not be inherited, and whatever we leave, is Sadaqa (to be used for charity),' and Allah's Apostle meant himself (by saying "we'')?" The group said, "He said so." `Umar then turned to `Ali and `Abbas and said, "I beseech you by Allah, do you know that Allah's Apostle said so?" They replied, " He said so." `Umar then said, "So, I will talk to you about this matter. Allah bestowed on His Apostle with a special favor of something of this Fai (booty) which he gave to nobody else." `Umar then recited the Holy Verses: "What Allah bestowed as (Fai) Booty on his Apostle (Muhammad) from them --- for this you made no expedition with either cavalry or camelry: But Allah gives power to His Apostles over whomever He will 'And Allah is able to do all things." 9:6) `Umar added "So this property was especially given to Allah's Apostle, but, by Allah, neither did he take possession of it and leave your, nor did he favor himself with it to your exclusion, but he gave it to all of you and distributed it amongst you till this property remained out of it. Allah's Apostle used to spend the yearly expenses of his family out of this property and used to keep the rest of its revenue to be spent on Allah 's Cause. Allah 's Apostle kept on doing this during all his lifetime. I ask you by Allah do you know this?" They replies in the affirmative. `Umar then said to `Ali and `Abbas. "I ask you by Allah, do you know this?" `Umar added, "When Allah had taken His Prophet unto Him, 'Abu Bakr said, 'I am the successor of Allah's Apostle so, Abu Bakr took over that property and managed it in the same way as Allah's Apostle used to do, and Allah knows that he was true, pious and rightlyguided, and he was a follower of what was right. Then Allah took Abu Bakr unto Him and I became Abu Bakr's successor, and I kept that property in my possession for the first two years of my Caliphate, managing it in the same way as Allah's Apostle used to do and as Abu Bakr used to do, and Allah knows that I have been true, pious, rightly guided, and a follower of what is right. Now you both (i.e. 'Ah and `Abbas) came to talk to me, bearing the same claim and presenting the same case; you, `Abbas, came to me asking for your share from your nephew's property, and this man, i.e. `Ali, came to me asking for his wife's share from her father's property. I told you both that Allah's Apostle said, 'Our (prophets') properties are not to be inherited, but what we leave is Sadaqa (to be used for charity).' When I thought it right that I should hand over this property to you, I said to you, 'I am ready to hand over this property to you if you wish, on the condition that you would take Allah's Pledge and Convention that you would manage it in the same way as Allah's Apostle used to, and as Abu Bakr used to do, and as I have done since I was in charge of it.' So, both of you said (to me), 'Hand it over to us,' and on that condition I handed it over to you. So, I ask you by Allah, did I hand it over to them on this condition?" The group aid, "Yes." Then `Umar faced `Ali and `Abbas saying, "I ask you by Allah, did I hand it over to you on this condition?" They said, "Yes. " He said, " Do you want now to give a different decision? By Allah, by Whose Leave both the Heaven and the Earth exist, I will never give any decision other than that (I have already given). And if you are unable to manage it, then return it to me, and I will do the job on your behalf."
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
It is understood that Umar (radi Allahu anhu) entrusted the management of this property to Ali (radi Allahu anhu) and Abbas (radi Allahu anhu).
Even so, these noble companions brought this case to the court of Umar (radi Allahu anhu), upon which he gave this explanatory statement.
Radi Allahu anhum ajma‘een.
In this lengthy narration, it should be kept in mind that Fatimah’s (radi Allahu anha) displeasure with Abu Bakr (radi Allahu anhu) was not over the issue of inheritance, because it had become clear to everyone that the Messenger of Allah (sallallahu alayhi wa sallam) himself had already negated this—that the inheritance of the Prophets is not divided—and all the Companions had accepted this.
Neither from Fatimah (radi Allahu anha), Ali (radi Allahu anhu), nor Abbas (radi Allahu anhu) is any negation of this ever transmitted at any occasion.
Rather, the dispute was only over the management and administration of this wealth.
This is why Umar (radi Allahu anhu) handed over its management to the Ahl al-Bayt (radi Allahu anhum).
In this hadith, it is also mentioned that after the passing of the Messenger of Allah (sallallahu alayhi wa sallam), Lady Fatimah (radi Allahu anha) severed ties with Abu Bakr (radi Allahu anhu) and remained displeased with him until her death.
This is how it is in the well-known narrations, but from some narrations it is established that when Fatimah (radi Allahu anha) became displeased, Abu Bakr al-Siddiq (radi Allahu anhu) went to her and did not leave until she was reconciled.
Reliable authors have also authenticated this, and in reality, this mode of conduct is more consistent with the lives of the Companions, especially the character of Abu Bakr (radi Allahu anhu).
(Tafheem al-Bukhari)
Here, no one should object that when the Messenger of Allah (sallallahu alayhi wa sallam) had said that we, the Prophets, have no heirs, and Abu Bakr al-Siddiq (radi Allahu anhu), based on this hadith, did not hand over this property to Fatimah (radi Allahu anha)—even though she was displeased—then why did Umar (radi Allahu anhu) act contrary to the hadith and suspend the method of al-Siddiq (radi Allahu anhu)? The answer is that Umar (radi Allahu anhu) did not divide this property; rather, he appointed Ali (radi Allahu anhu) and Abbas (radi Allahu anhu) as its administrators.
For Umar (radi Allahu anhu), the responsibilities of the caliphate had become many, and he did not have the time to supervise these properties.
Secondly, it was also intended to please Ali (radi Allahu anhu) and Abbas (radi Allahu anhu), and Fatimah (radi Allahu anha) had requested Abu Bakr al-Siddiq (radi Allahu anhu) for division, which, being contrary to the hadith, Abu Bakr al-Siddiq (radi Allahu anhu) did not accept.
It is understood that Umar (radi Allahu anhu) entrusted the management of this property to Ali (radi Allahu anhu) and Abbas (radi Allahu anhu).
Even so, these noble companions brought this case to the court of Umar (radi Allahu anhu), upon which he gave this explanatory statement.
Radi Allahu anhum ajma‘een.
In this lengthy narration, it should be kept in mind that Fatimah’s (radi Allahu anha) displeasure with Abu Bakr (radi Allahu anhu) was not over the issue of inheritance, because it had become clear to everyone that the Messenger of Allah (sallallahu alayhi wa sallam) himself had already negated this—that the inheritance of the Prophets is not divided—and all the Companions had accepted this.
Neither from Fatimah (radi Allahu anha), Ali (radi Allahu anhu), nor Abbas (radi Allahu anhu) is any negation of this ever transmitted at any occasion.
Rather, the dispute was only over the management and administration of this wealth.
This is why Umar (radi Allahu anhu) handed over its management to the Ahl al-Bayt (radi Allahu anhum).
In this hadith, it is also mentioned that after the passing of the Messenger of Allah (sallallahu alayhi wa sallam), Lady Fatimah (radi Allahu anha) severed ties with Abu Bakr (radi Allahu anhu) and remained displeased with him until her death.
This is how it is in the well-known narrations, but from some narrations it is established that when Fatimah (radi Allahu anha) became displeased, Abu Bakr al-Siddiq (radi Allahu anhu) went to her and did not leave until she was reconciled.
Reliable authors have also authenticated this, and in reality, this mode of conduct is more consistent with the lives of the Companions, especially the character of Abu Bakr (radi Allahu anhu).
(Tafheem al-Bukhari)
Here, no one should object that when the Messenger of Allah (sallallahu alayhi wa sallam) had said that we, the Prophets, have no heirs, and Abu Bakr al-Siddiq (radi Allahu anhu), based on this hadith, did not hand over this property to Fatimah (radi Allahu anha)—even though she was displeased—then why did Umar (radi Allahu anhu) act contrary to the hadith and suspend the method of al-Siddiq (radi Allahu anhu)? The answer is that Umar (radi Allahu anhu) did not divide this property; rather, he appointed Ali (radi Allahu anhu) and Abbas (radi Allahu anhu) as its administrators.
For Umar (radi Allahu anhu), the responsibilities of the caliphate had become many, and he did not have the time to supervise these properties.
Secondly, it was also intended to please Ali (radi Allahu anhu) and Abbas (radi Allahu anhu), and Fatimah (radi Allahu anha) had requested Abu Bakr al-Siddiq (radi Allahu anhu) for division, which, being contrary to the hadith, Abu Bakr al-Siddiq (radi Allahu anhu) did not accept.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 3094
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
➊
The properties regarding which Abbas (radi Allahu anhu) and Ali (radi Allahu anhu) came to Umar (radi Allahu anhu) to seek a decision from the Messenger of Allah (sallallahu alayhi wa sallam) were not the entirety of his owned estates, but rather a portion of Khaybar, Fadak, and the charitable endowments (sadaqat) of Madinah Tayyibah. The owned properties of the Messenger of Allah (sallallahu alayhi wa sallam) were much more than these, the details of which we have already mentioned earlier. Umar (radi Allahu anhu) also did not distribute these owned properties, but rather entrusted their administration and management to them. Since Umar (radi Allahu anhu) had many responsibilities related to the caliphate, he did not have the leisure to supervise these properties and estates. Furthermore, it was also intended to please Ali (radi Allahu anhu) and Abbas (radi Allahu anhu).
➋
It should be noted that these noble companions repeated their demands several times. According to our inclination, the best explanation for this is that the first time, their demand was in the sense of ownership—that they be given proprietary rights over these properties and their possession be acknowledged. This demand was not accepted in view of a hadith of the Messenger of Allah (sallallahu alayhi wa sallam), that inheritance does not apply to the property of the Prophets; rather, after their demise, their estate assumes the status of charity (sadaqah). The second time, their demand was not for proprietary rights, but rather for guardianship (tawliyah)—that they would act as custodians and manage these properties. This was, to some extent, correct. The circumstances also required it, so Umar (radi Allahu anhu) accepted their demand and, appointing them as custodians, handed over the properties to them. However, Abbas (radi Allahu anhu) was a great administrator and a prudent man; he would spend the income with great care. In contrast, Ali (radi Allahu anhu) was generous-handed and would spend freely from the joint produce. Because of this partnership, disputes would arise between them from time to time. Therefore, on the last occasion, a demand for division of the partnership was also made. If this had been done, it would have amounted to a proprietary division. In other words, Abbas (radi Allahu anhu) would have taken half of his nephew’s property, and Ali (radi Allahu anhu) would have received half of his noble wife’s inheritance. On this basis, Umar (radi Allahu anhu) was not agreeable to the division this time and said: “It is better if you continue to work together; otherwise, return their possession to me so that I may manage them as before.”
➌
Imam Bukhari’s (rahimahullah) likely intent is that the khums (one-fifth share) is obligatory only in that property which is acquired as spoils of war (ghanimah) and seized by force from the disbelievers. In contrast, if any wealth is acquired through reconciliation and comes into possession as fay’, then there is no khums or the like in it. And Allah knows best.
➊
The properties regarding which Abbas (radi Allahu anhu) and Ali (radi Allahu anhu) came to Umar (radi Allahu anhu) to seek a decision from the Messenger of Allah (sallallahu alayhi wa sallam) were not the entirety of his owned estates, but rather a portion of Khaybar, Fadak, and the charitable endowments (sadaqat) of Madinah Tayyibah. The owned properties of the Messenger of Allah (sallallahu alayhi wa sallam) were much more than these, the details of which we have already mentioned earlier. Umar (radi Allahu anhu) also did not distribute these owned properties, but rather entrusted their administration and management to them. Since Umar (radi Allahu anhu) had many responsibilities related to the caliphate, he did not have the leisure to supervise these properties and estates. Furthermore, it was also intended to please Ali (radi Allahu anhu) and Abbas (radi Allahu anhu).
➋
It should be noted that these noble companions repeated their demands several times. According to our inclination, the best explanation for this is that the first time, their demand was in the sense of ownership—that they be given proprietary rights over these properties and their possession be acknowledged. This demand was not accepted in view of a hadith of the Messenger of Allah (sallallahu alayhi wa sallam), that inheritance does not apply to the property of the Prophets; rather, after their demise, their estate assumes the status of charity (sadaqah). The second time, their demand was not for proprietary rights, but rather for guardianship (tawliyah)—that they would act as custodians and manage these properties. This was, to some extent, correct. The circumstances also required it, so Umar (radi Allahu anhu) accepted their demand and, appointing them as custodians, handed over the properties to them. However, Abbas (radi Allahu anhu) was a great administrator and a prudent man; he would spend the income with great care. In contrast, Ali (radi Allahu anhu) was generous-handed and would spend freely from the joint produce. Because of this partnership, disputes would arise between them from time to time. Therefore, on the last occasion, a demand for division of the partnership was also made. If this had been done, it would have amounted to a proprietary division. In other words, Abbas (radi Allahu anhu) would have taken half of his nephew’s property, and Ali (radi Allahu anhu) would have received half of his noble wife’s inheritance. On this basis, Umar (radi Allahu anhu) was not agreeable to the division this time and said: “It is better if you continue to work together; otherwise, return their possession to me so that I may manage them as before.”
➌
Imam Bukhari’s (rahimahullah) likely intent is that the khums (one-fifth share) is obligatory only in that property which is acquired as spoils of war (ghanimah) and seized by force from the disbelievers. In contrast, if any wealth is acquired through reconciliation and comes into possession as fay’, then there is no khums or the like in it. And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 3094
