Narrated Abu Humaid As-Sa`idi: Allah's Apostle employed an employee (to collect Zakat). The employee returned after completing his job and said, "O Allah's Apostle! This (amount of Zakat) is for you, and this (other amount) was given to me as a present." The Prophet said to him, "Why didn't you stay at your father's or mother's house and see if you would be given presents or not?" Then Allah's Apostle got up in the evening after the prayer, and having testified that none has the right to be worshipped but Allah and praised and glorified Allah as He deserved, he said, "Now then ! What about an employee whom we employ and then he comes and says, 'This amount (of Zakat) is for you, and this (amount) was given to me as a present'? Why didn't he stay at the house of his father and mother to see if he would be given presents or not? By Him in Whose Hand Muhammad's soul is, none of you will steal anything of it (i.e. Zakat) but will bring it by carrying it over his neck on the Day of Resurrection. If it has been a camel, he will bring it (over his neck) while it will be grunting, and if it has been a cow, he will bring it (over his neck), while it will be mooing; and if it has been a sheep, he will bring it (over his neck) while it will be bleeding." The Prophet added, "I have preached you (Allah's Message)." Abu Humaid said, "Then Allah's Apostle raised his hands so high that we saw the whiteness of his armpits."
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
Hazrat Zayd ibn Thabit radi Allahu anhu was among the eminent jurist-companions. During the era of Abu Bakr as-Siddiq, he compiled the Qur'an, and in the era of Uthman, he transcribed it. He passed away in Madinah Munawwarah in the year 45 AH at the age of 56. Radi Allahu anhu wa ardah.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 7174
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
➊
It is understood from this hadith that the gifts and offerings given to rulers by their subjects are bribes. Thus, in one hadith it is stated:
“The gifts and offerings of the ruler are misappropriated wealth.” (Musnad Ahmad 5/424)
Similarly, any gift given to a king in his capacity as king will be included in the public treasury (bayt al-mal). However, if the king accepts a gift for his personal self, then it is permissible for him.
If the leader of the time permits a subordinate to accept a gift, then it is permissible for him, just as the Messenger of Allah (sallallahu alayhi wa sallam) said to Mu’adh ibn Jabal (radi Allahu anhu) when appointing him as governor of Yemen:
“I have made gifts lawful for you.”
When Mu’adh (radi Allahu anhu) received gifts in Yemen, he brought them to the Messenger of Allah (sallallahu alayhi wa sallam).
During this time, the Messenger of Allah (sallallahu alayhi wa sallam) had passed away.
He related this incident to Abu Bakr (radi Allahu anhu), who declared it permissible.
(‘Umdat al-Qari: 16/428)
➋
According to our inclination, the gifts to the ruler of the time are bribes, because if he were not the ruler, no one would give him a gift. Similarly, a judge’s gift is also unlawful (haram).
Ibn Battal says that if a debtor gives a gift to the creditor, it falls under the same ruling, except if it is deducted from the debt, then it is permissible.
(Fath al-Bari: 13/208)
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 7174
Maulana Dawood Raz
Hadith Commentary:
The government whose officials and administrators are dishonest will inevitably be ruined one day.
This is why the Prophet (sallallahu alayhi wa sallam) questioned this official with such severity and rebuked him in strong words for his dishonesty.
(sallallahu alayhi wa sallam)
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 7197
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
➊
The ruler of the time should issue strict instructions to his officials. Thus, when the Messenger of Allah (sallallahu alayhi wa sallam) sent Mu'adh ibn Jabal (radi Allahu anhu) to Yemen, he said:
“Whatever you take from there without my permission will be considered a betrayal (khiyanah).” (Jami' al-Tirmidhi, al-Ahkam, Hadith: 1335)
Then he should keep a close watch over them and continue to hold them accountable. Thus, when Ibn al-Tasbiyyah came with a large amount of wealth, the Prophet (sallallahu alayhi wa sallam) sent his agents to audit him. He had already divided the wealth into two portions and said, “This is your wealth, and these are my gifts.” When the Messenger of Allah (sallallahu alayhi wa sallam) was informed of this matter, he took serious notice of it and questioned him strictly regarding the dishonesty.
➋
In any case, the government whose officials are dishonest will certainly be ruined one day or another.
May Allah, the Exalted, protect us from officials who are bribery-takers, dishonest, and treacherous.
Ameen, O Lord of the worlds.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 7197
Maulana Dawood Raz
Hadith Commentary:
There is no permissible stratagem for the collectors (amilin) who are appointed by the Islamic government for the collection of official funds, whereby they may also receive gifts from the people. Whatever they take, all of it will be the right of the Islamic government's treasury (Bayt al-Mal). The emissaries of religious schools (madaris) who work on a salary should also keep this hadith in mind.
And with Allah is all success.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 6979
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
1.
Some of the chapter headings in Sahih al-Bukhari are independent, while others are supplementary in nature. The aforementioned heading is also not independent, but rather a result and a completion. Since the third scenario for terminating the right of pre-emption (shuf‘ah) was the case of gifting the purchased property to the younger son, Imam al-Bukhari rahimahullah, through this heading and the presented hadith, has explained the limits and conditions of gifts (hadiyah). The reason for giving gifts should be the personal merit of the recipient.
If gifts are given for any other reason, then they will not be considered true gifts. For example, if an official receives gifts due to his diplomatic position, the Messenger of Allah sallallahu alayhi wa sallam warned against this, stating that an official position should not be used as a pretext for receiving gifts and presents.
2.
Since in the previous scenario, the trick of gifting the house to the younger son was also of the same nature, such a gift will not serve as an obstacle to the right of pre-emption (shuf‘ah).
None of the commentators have even alluded to this matter.
This is among that which Allah has opened for me by His grace and generosity. All praise is due to Allah, firstly and lastly, and He is the best of openers.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6979
Maulana Dawood Raz
Hadith Commentary:
From this, the condemnation of unlawful gifts is established.
Officials and administrators who receive offerings from people are also included in the category of bribery.
Those who acquire such unlawful wealth should be prepared to endure such punishment on the Day of Resurrection.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2597
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
The Messenger of Allah (sallallahu alayhi wa sallam) appointed a person as a collector for the receipt of zakat. In order to please him, people presented him with gifts in addition to zakat. These gifts were given due to his official status. If he had not been on official duty, people would not have brought these gifts to his home. Then the Messenger of Allah (sallallahu alayhi wa sallam) described the gravity of this matter in these words: "The wealth accepted as a bribe will be mounted on the neck of the one who takes it." Today’s government officials should reflect on what things will be mounted on their necks.
(2)
From this, it is understood that government officials should reflect on what things will be mounted on their necks.
(2)
From this, it is understood that while holding a government position, it is not permissible according to the Shariah to accept any gift or present from anyone, because he receives a salary from the government in return for his performance. Similarly, it is also impermissible to accept an offering or gift from a debtor.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2597
Maulana Dawood Raz
Hadith Commentary:
The ruler of Islam will take account from those who collect zakat so that matters remain clear and no one has any reason for suspicion.
Ibn Munir said that it is possible that the mentioned official may have spent some of the zakat on his own needs; therefore, he was called to account.
Some narrations also indicate that regarding some of the wealth, he had said that it was given to him as a gift, and for this he was called to account.
And regarding the gift, it was stated that all of it belongs to the public treasury (bayt al-mal).
From the one on whose behalf you were sent.
You have no right to the gift.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 1500
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
On this, Imam Bukhari rahimahullah established a chapter with these words:
“Rulers should hold their officials accountable.”
Then he narrated this hadith in detail: When Ibn Lutaibah came to the Messenger of Allah sallallahu alayhi wa sallam after collecting wealth, he said, “This is zakat, and this was given to me as a gift.” Upon this, the Prophet sallallahu alayhi wa sallam said:
“If you had remained sitting in your house, then it would have become clear how gifts and offerings would have come to you?” After that, he delivered a general sermon and publicly addressed this erroneous interpretation so that others would take heed.
(Sahih al-Bukhari, Al-Ahkam, Chapter: 41, Hadith: 7197)
(2)
From this hadith, it is understood that a collector (tahsil-dar) can be appointed for the collection of zakat, and there is no harm in giving him a fixed compensation, nor is there any objection to holding him accountable, because by doing so, he will refrain from betrayal.
(3)
The representatives (safirs) of madrasas who take a specific percentage as a service fee from the collected donations—such an act falls under the category of an unknown wage, which is appropriate to consider questionable.
It is possible that the aforementioned official spent something from the zakat wealth on his own expenses; on this basis, the Messenger of Allah sallallahu alayhi wa sallam took an account from him regarding the collected zakat and expenditures.
(Fath al-Bari: 3/461)
Ibn Sa’d has mentioned his name as Abdullah, who was affiliated with the tribe of Banu Lutbah.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 1500
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary: Benefits and Issues: The Messenger of Allah (sallallahu alayhi wa sallam) sent a member of the Azd tribe, which is also called Banu Asad, to Yemen to collect the charity (sadaqat) from Banu Sulaym. When he returned, he claimed that some of the wealth was given to him as a gift. So, in order to warn all officials, the Prophet (sallallahu alayhi wa sallam) ascended the pulpit in great anger and declared that a gift or present is that which is received while sitting at home before obtaining a governmental post or position. However, any gift or present received after acquiring an office or position is not truly a gift or grant; rather, it is given as a bribe to pave the way for benefiting from his office and position, and to create a soft spot in his heart for the giver, so that when needed, he may be of use to them or treat them with ease and favor.
For this reason, Umar (radi Allahu anhu) used to periodically audit his officials, and if he sensed that someone had benefited from his office or position and had accumulated more wealth than his salary, he would take the excess wealth from him. Sometimes, he would even take all or half of his wealth. But nowadays, all government officials are busy amassing wealth, so how can such a government hold its employees accountable? That is why the market for bribery is thriving, and other means of embezzling wealth have also been invented. On this basis, the entire populace is engaged in the pursuit of wealth, and for this, extremely vile means are being adopted: usury (riba), bribery (rishwah), adulteration, robbery, abduction, commission, illegal occupation—all are its offshoots.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 4738
Shaykh Umar Farooq Saeedi
Benefits and Issues:
While holding a government position, taking more than the specified right—even if people give it willingly and call it a gift—is the right of the public treasury (bayt al-mal).
And it is a national trust.
It is not permissible to bring it into one’s personal use.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2946
Shaykh Muhammad Ibrahim bin Basheer
Benefit:
Imam Bukhari rahimahullah has narrated this hadith in a concise manner. He has also established a chapter on this hadith: “The command of Allah, the Exalted, that collectors (of zakat) should also be given a share from zakat, and the ruler should also hold them accountable.” [صحيح بخاري قبل ح 1500]
The public refutation of false interpretation should be done so that no one else commits it. The gifts received by the representatives (ambassadors) of madrasas should also be deposited in the treasury (bayt al-mal) of the madrasas, and their salaries should be fixed; otherwise, an unknown (uncertain) sale is forbidden.
Hafiz Abdul Sattar al-Hammad rahimahullah writes: The representatives of madrasas who take a specific percentage as a service fee from the collected donations, such an act falls under the category of unknown (uncertain) wages, which is questionable and should be reconsidered. It is possible that the mentioned collector spent some of the zakat wealth on his own expenses; on this basis, the Messenger of Allah sallallahu alayhi wa sallam took an account from him regarding the collected zakat and the expenditures. [فتح الباري : 461/3]
Ibn Sa’d has mentioned his name as Abdullah, who was affiliated with a tribe called Banu Tasb. [هدية القاري شرح صحيح البخاري : 298/3]
Source: Musnad al-Humaydi: Commentary by Muhammad Ibrahim bin Bashir, Page: 862