صحيح البخاري
Bukhari
كتاب المغازيThe Book of Al- Maghazi
بَابُ اسْتِعْمَالُ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَلَى أَهْلِ خَيْبَرَ:Chapter. The appointment of a ruler for Khaibar by the Prophet.
Hadith 4244
اُردوEn
حَدَّثَنَا إِسْمَاعِيلُ ، قَالَ : حَدَّثَنِي مَالِكٌ ، عَنْ عَبْدِ الْمَجِيدِ بْنِ سُهَيْلٍ ، عَنْ سَعِيدِ بْنِ الْمُسَيِّبِ ، عَنْ أَبِي سَعِيدٍ الْخُدْرِيِّ ، وَأَبِي هُرَيْرَةَ رَضِيَ اللَّهُ عَنْهُمَا ، أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ اسْتَعْمَلَ رَجُلًا عَلَى خَيْبَرَ ، فَجَاءَهُ بِتَمْرٍ جَنِيبٍ ، فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " أَكُلُّ تَمْرِ خَيْبَرَ هَكَذَا " ، فَقَالَ : لَا وَاللَّهِ يَا رَسُولَ اللَّهِ ، إِنَّا لَنَأْخُذُ الصَّاعَ مِنْ هَذَا بِالصَّاعَيْنِ وَالصَّاعَيْنِ بِالثَّلَاثَةِ ، فَقَالَ : " لَا تَفْعَلْ ، بِعِ الْجَمْعَ بِالدَّرَاهِمِ ، ثُمَّ ابْتَعْ بِالدَّرَاهِمِ جَنِيبًا " ،
Narrated Abu Sa`id Al-Khudri and Abu Huraira: Allah's Apostle appointed a man as the ruler of Khaibar who later brought some Janib (i.e. dates of good quality) to the Prophet. On that, Allah's Apostle said (to him). "Are all the dates of Khaibar like this?" He said, "No, by Allah, O Allah's Apostle! But we take one Sa of these (dates of good quality) for two or three Sa's of other dates (of inferior quality)." On that, Allah's Apostle said, "Do not do so, but first sell the inferior quality dates for money and then with that money, buy Janib."
Explanation & Benefits
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
➊
The region of Khaybar was very fertile, and its land was agricultural and suitable for orchards.
After its conquest, this area was given to the Jews on a sharecropping basis.
To collect the share of the produce from there, the Messenger of Allah (sallallahu alayhi wa sallam) appointed a person, who collected the share in such a manner that it encouraged trade and transport.
He brought dates from there as a gift for the Messenger of Allah (sallallahu alayhi wa sallam), so the Messenger of Allah (sallallahu alayhi wa sallam) gave him the aforementioned instruction.
➋
From this hadith, it is understood that if a legal device (hiylah) is used to avoid something unlawful (haram), it is permissible, as the Messenger of Allah (sallallahu alayhi wa sallam) himself taught him such a legal device.
At times, doing so to avoid the unlawful is recommended (mustahabb), rather, it becomes obligatory (wajib).
➌
A precedent for using a legal device (hiylah) is mentioned in the Qur'an itself in the incident of Prophet Ayyub (alayhis salam).
However, if a legal device is used to avoid an obligation (wajib), then doing so is impermissible and unlawful (haram), such as transferring jewelry in the wife's name for six months and in the husband's name for six months, so that a full year does not pass in the ownership of either, and thus zakat does not become obligatory on it.
Doing so is impermissible and unlawful (haram).
The Noble Qur'an has condemned such types of legal devices, as is evident from the incident of those who caught fish on the seashore.
➊
The region of Khaybar was very fertile, and its land was agricultural and suitable for orchards.
After its conquest, this area was given to the Jews on a sharecropping basis.
To collect the share of the produce from there, the Messenger of Allah (sallallahu alayhi wa sallam) appointed a person, who collected the share in such a manner that it encouraged trade and transport.
He brought dates from there as a gift for the Messenger of Allah (sallallahu alayhi wa sallam), so the Messenger of Allah (sallallahu alayhi wa sallam) gave him the aforementioned instruction.
➋
From this hadith, it is understood that if a legal device (hiylah) is used to avoid something unlawful (haram), it is permissible, as the Messenger of Allah (sallallahu alayhi wa sallam) himself taught him such a legal device.
At times, doing so to avoid the unlawful is recommended (mustahabb), rather, it becomes obligatory (wajib).
➌
A precedent for using a legal device (hiylah) is mentioned in the Qur'an itself in the incident of Prophet Ayyub (alayhis salam).
However, if a legal device is used to avoid an obligation (wajib), then doing so is impermissible and unlawful (haram), such as transferring jewelry in the wife's name for six months and in the husband's name for six months, so that a full year does not pass in the ownership of either, and thus zakat does not become obligatory on it.
Doing so is impermissible and unlawful (haram).
The Noble Qur'an has condemned such types of legal devices, as is evident from the incident of those who caught fish on the seashore.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 4244
