Hadith 4580

وَقَالَ مَعْمَرٌ : أَوْلِيَاءُ مَوَالِي وَأَوْلِيَاء ، وَرَثَةٌ عَاقَدَتْ أَيْمَانُكُمْ هُوَ مَوْلَى الْيَمِينِ ، وَهْوَ الْحَلِيفُ وَالْمَوْلَى أَيْضًا ، ابْنُ الْعَمِّ ، وَالْمَوْلَى الْمُنْعِمُ الْمُعْتِقُ ، وَالْمَوْلَى الْمُعْتَقُ ، وَالْمَوْلَى الْمَلِيكُ ، وَالْمَوْلَى مَوْلًى فِي الدِّينِ .
Mu'ammar said that by «موالي» are meant his guardians and heirs. By «والذين عقدت ايمانكم» are meant those people whom they used to make their heirs by swearing an oath, i.e., allies. And «مولى» has come with several meanings: the son of an uncle, a slave, the owner of a slave woman, one who does a favor to her, one who frees her, the slave himself who is freed, the owner, and the leader in religion.
حَدَّثَنِي الصَّلْتُ بْنُ مُحَمَّدٍ ، حَدَّثَنَا أَبُو أُسَامَةَ ، عَنْ إِدْرِيسَ ، عَنْ طَلْحَةَ بْنِ مُصَرِّفٍ ، عَنْ سَعِيدِ بْنِ جُبَيْرٍ ، عَنْ ابْنِ عَبَّاسٍ رَضِيَ اللَّهُ عَنْهُمَا : " وَلِكُلٍّ جَعَلْنَا مَوَالِيَ سورة النساء آية 33 ، قَالَ : وَرَثَةً ، وَالَّذِينَ عَقَدَتْ أَيْمَانُكُمْ سورة النساء آية 33 كَانَ الْمُهَاجِرُونَ لَمَّا قَدِمُوا الْمَدِينَةَ يَرِثُ الْمُهَاجِرِيُّ الْأَنْصَارِيَّ دُونَ ذَوِي رَحِمِهِ لِلْأُخُوَّةِ الَّتِي آخَى النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ بَيْنَهُمْ ، فَلَمَّا نَزَلَتْ وَلِكُلٍّ جَعَلْنَا مَوَالِيَ سورة النساء آية 33 ، نُسِخَتْ ، ثُمَّ قَالَ : وَالَّذِينَ عَقَدَتْ أَيْمَانُكُمْ سورة النساء آية 33 مِنَ النَّصْرِ ، وَالرِّفَادَةِ ، وَالنَّصِيحَةِ ، وَقَدْ ذَهَبَ الْمِيرَاثُ وَيُوصِي لَهُ " ، سَمِعَ أَبُو أُسَامَةَ إِدْرِيسَ ، وَسَمِعَ إِدْرِيسُ طَلْحَةَ .
Narrated Ibn `Abbas: Regarding the Verse: "To everyone, We have appointed heirs." (4.33) 'Mawali' means heirs. And regarding:-- "And those to whom your right hands have pledged." When the Emigrants came to Medina, an Emigrant used to be the heir of an Ansari with the exclusion of the latter's relatives, and that was because of the bond of brotherhood which the Prophet had established between them (i.e. the Emigrants and the Ansar). So when the Verses:-- "To everyone We have appointed heirs." was revealed, (the inheritance through bond of brotherhood) was cancelled. Ibn `Abbas then said: "And those to whom your right hands have pledged." is concerned with the covenant of helping and advising each other. So allies are no longer to be the heir of each other, but they can bequeath each other some of their property by means of a will.
Hadith Reference صحيح البخاري / كتاب تفسير القرآن / 4580
Hadith Grading محدثین: أحاديث صحيح البخاريّ كلّها صحيحة
Related hadith on this topic
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
When the Muhajirun (Emigrants) came to Madinah, the Ansar (Helpers) made them their brothers in faith.
To the extent that they even made them partners in their inheritance. Later, it was clarified that only children and relatives can be heirs to inheritance.
However, the right to bequeath up to one third of one's wealth was granted; if the deceased wishes, he may make this bequest for his brothers in faith as well.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 4580
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
1.
Ibn Abbas (radi Allahu anhu) understood the phrase ﴿وَالَّذِينَ عَقَدَتْ أَيْمَانُكُمْ﴾ to refer exclusively to those individuals with whom the Messenger of Allah (sallallahu alayhi wa sallam) established bonds of brotherhood (mu’akhah). However, other exegetes have considered it to be general in meaning. Thus, in one narration from Imam Tabari, it is mentioned that a man would become the ally (halif) of another man, even if there was no blood relationship between them; nevertheless, by virtue of this alliance and agreement, both would become heirs to one another.
(: Tafsir al-Tabari, Tafsir of Surah al-Nisa, under verse: 33)

2.
The contract of alliance (aqd halif) is when a person of unknown lineage says to another: “You are my mawla; if I die, you will be my heir, and if I commit any treachery, you will be responsible for paying my blood money (diyah).” And if the other says likewise, then both become heirs to one another, and both are obliged to pay each other’s blood money (diyah).
The contract of alliance (aqd halif) existed in the early period of Islam, but it is now abrogated.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 4580
Maulana Dawood Raz
Hadith Commentary:
That is, among the Arabs, it was customary that when someone developed a deep friendship with another, they would make a pact and say, “Your blood is our blood, and whomever you fight, we will fight; whomever you make peace with, we will make peace with. We are your heirs, and you are our heirs. Your debt will be taken from us, and our debt from you. If blood money (diyah) is to be paid on your behalf, we will pay it, and if on our behalf, you will pay it.”
In the early period of Islam, such a person was ordered to receive one-sixth of the inheritance.
Then this ruling was abrogated by this verse:
﴿وَأُولُو الْأَرْحَامِ بَعْضُهُمْ أَوْلَى بِبَعْضٍ فِي كِتَابِ اللَّهِ﴾ (Al-Anfal: 75)
Ibn Munir said that Imam Bukhari rahimahullah brought this in the chapter of surety (kafalah) because when, through an oath (half), which was a contract, entitlement to inheritance was established in the early period of Islam, then by undertaking surety (kafalah), the responsibility for wealth will also fall upon the guarantor, because that too is a contract.
Among the Arabs, there was a pre-Islamic custom that, without regard for right or wrong, on some important occasion, merely out of tribal zeal, they would swear an oath that “we will do such and such,” whether it was right or wrong. This was called the oath of ignorance (half al-jahiliyyah).
And it was explained that in Islam, such false oaths have no place.
Islam entirely encourages justice.
In the Noble Qur’an it is stated:
﴿وَلَا يَجْرِمَنَّكُمْ شَنَآنُ قَوْمٍ عَلَى أَلَّا تَعْدِلُوا اعْدِلُوا هُوَ أَقْرَبُ لِلتَّقْوَى﴾ (Al-Ma’idah: 8)
Do not let the hatred of a people incite you to act unjustly; act justly, for that is nearer to taqwa (piety).
Al-Tabari said: What Anas radi Allahu anhu used as evidence for affirming the oath (half) does not contradict the negation by Jubayr ibn Mut’im, for the brotherhood (ikhā’) mentioned was established at the beginning of the Hijrah, and they used to inherit from one another by it. Then the inheritance was abrogated, and what remained was that which the Qur’an did not invalidate, namely mutual cooperation upon truth, support, and restraining the hand of the oppressor.
As Ibn Abbas radi Allahu anhuma said: except for support, sincere advice, and hospitality, and a bequest may be made for him, but the inheritance has gone (Fath).
That is, al-Tabari said that the reasoning of Anas radi Allahu anhu for affirming the oath is not contrary to the negation by Jubayr ibn Mut’im. The mentioned brotherhood, that is, this kind of fraternity, was established at the beginning of the Hijrah. They used to inherit from one another. Later, the inheritance was abrogated, and what remained was that which the Noble Qur’an did not declare invalid, namely mutual cooperation upon truth, support, and restraining the hand of the oppressor.
As Ibn Abbas radi Allahu anhuma said: inheritance has gone, but mutual help and sincere advice for one another remain.
Rather, a bequest can also be made for one’s brothers.
The event of brotherhood (mu’akhah) is a glorious chapter in Islamic history.
The Muhajirun, who left their homes and homeland and came to the noble city of Madinah, were in great need of comfort.
Therefore, the Messenger of Allah sallallahu alayhi wa sallam distributed them among the residents of Madinah, the Ansar.
The sincerity and companionship shown by the Ansari brothers is unparalleled in the history of the world.
Eventually, these Muhajirun became integrated into the life of Madinah.
And, standing on their own feet, they themselves became a source of strength for the Ansar.
Radi Allahu anhum ajma’in.
Today, sitting in Madinah Tayyibah, while writing this mention of the Ansar of Madinah and the noble Muhajirun radi Allahu anhum, I feel a deeply moving effect upon my heart.
The fact is that the Ansar and Muhajirun are the two most important pillars of the edifice of Islam, upon which this great structure was built.
Even today, the atmosphere of Madinah seems filled with the impressions left by these elders.
In the Prophet’s Mosque, in the Sacred Precinct, millions of Muslims from various countries gather to worship Allah and send blessings and peace, and among all, an imperceptible wave of brotherhood and Islamic love can be seen flowing.
But if Muslims, even after leaving here, continue to maintain mutual brotherhood everywhere, they can become the best example for the world of humanity.
On 4th Safar 1390 AH, these words were written while reviewing them at the residence of the respected brother Haji Abdul Rahman Sindhi, Bab Majidi, Madinah Munawwarah.
In connection with the publication of the Urdu translation of Sahih Bukhari, it is hoped that every brother who studies it will make supplication for the noble efforts of Haji Sahib.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2292
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
Through this narration, the explanation of the verse ﴿وَالَّذِينَ عَقَدَتْ أَيْمَانُكُمْ فَآتُوهُمْ نَصِيبَهُمْ﴾ is provided from the perspective of Ibn Abbas radi Allahu anhuma. According to him, those who entered into covenants by oath refer to the Ansar, who, due to the bond of brotherhood (mu’akhah), included the Muhajirun in inheritance. According to the statement of Ibn Abbas radi Allahu anhuma, after the revelation of ﴿وَلِكُلٍّ جَعَلْنَا مَوَالِيَ﴾, the permission to inherit a share from the estate was abrogated; however, the bond of brotherhood (mu’akhah) remained limited to assistance, support, and goodwill.

(2)
Imam Bukhari rahimahullah, through the chapter heading, has indicated that the purpose of surety (kafalah) is that if someone takes something upon himself for the sake of reward, it becomes obligatory upon him, just as by swearing an oath and making a covenant, entitlement to inheritance would become obligatory. The commentator of Bukhari, Ibn Munir rahimahullah, has written that Imam Bukhari brought this narration in the chapter of surety (kafalah) because, in the early days of Islam, entitlement to inheritance would arise from the contract of alliance (hilf), so through surety (kafalah) as well, the responsibility for wealth would be imposed upon the guarantor, since it too is a contract. (Fath al-Bari: 4/596)

(3)
The verse which Imam Bukhari rahimahullah has presented as the chapter heading contains the word عَقَدَتْ, which has been recited in two ways. The recitation of Asim, Hamzah, and Kisai is عَقَدَتْ, which is well-known among us, and other reciters read it as عاقدت; however, there is no difference in meaning between the two. (Irshad al-Sari: 5/263)
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2292