Hadith 488
اُردوEn
وعن بهز بن حكيم عن أبيه عن جده رضي الله عنهم قال : قال رسول الله صلى الله عليه وآله وسلم : « في كل سائمة إبل في أربعين بنت لبون لا تفرق إبل عن حسابها من أعطاها مؤتجرا بها فله أجرها ومن منعها فإنا آخذوها وشطر ماله عزمة من عزمات ربنا لا يحل لآل محمد منها شيء ». رواه أحمد وأبو داود والنسائي وصححه الحاكم وعلق الشافعي القول به على ثبوته.
Bahz bin Hakam narrated on the authority of his father, who reported on the authority of his grandfather (RAA) that the Messenger of Allah (ﷺ) said: “For every forty camels, one ‘bint labun’ (a young female camel which is two years old and already starting the third year), is due as Zakah. No camel is to be separated from the rest of the camels (i.e. the jointly owned live stock as mentioned above). Whoever gives it willingly, seeking his reward from Allah, will be rewarded. (However) if someone refrains from paying it, it will be taken from him (by force) along with part of his property (as punishment), for it is a right of Allah. None of it is lawful for the family of Muhammad (ﷺ)." Related by Ahmad, An-Nasa’i, Abu Dawud and Al-Hakim rendered it Sahih. And Ash-Shafi'ee conditioned ruling by it depending on its authenticity.
Related hadith on this topic
Explanation & Benefits
Shaykh Safi ur-Rahman Mubarakpuri
Lexical Explanation:
«سَائِمَةِ اِبِلٍ» «سائمة» is annexed to «ابل».
«فِي اَرْبَعْينَ بِنْتُ لَبُونٍ» means that, in general, among forty, a "bint labun" is a two-year-old she-camel. In the narration of Anas radi Allahu anhu, which has already been mentioned, from thirty-six to forty-five, one "bint labun" is mentioned, and in this hadith, the number forty is intended when the camels exceed one hundred and twenty; then, for every forty, a "bint labun" is due, as detailed in the hadith of Anas radi Allahu anhu. Or it may mean that the number forty is also included between thirty-six and forty-five. For however many camels there are between these two numbers, whether forty or a little more or less, zakat is due on them. This is the implied meaning, while in the narration of Anas radi Allahu anhu, the explicit wording is transmitted, so the explicit narration is to be given precedence. Thus, the mere number forty is not the intended meaning.
«لَايُفَرَّقُ» is a passive form derived from «تفريق», meaning that they will not be separated and divided individually.
«اِبِلٌ عَنْ حِسَابِهَا» means that the owner should not separate his property from another's property when both have their livestock together, as has been mentioned earlier. Or it may mean that all the camels should be counted according to the number forty, in which case neither the weak and sickly will be left out, nor the fat ones, nor the small, nor the large.
«مُوْتَجِراً بِهَا» is the one who gives them in zakat with the intention of earning reward.
«وَمَنْ مَّنَعَهَا» and the one who did not give.
«فَاِنَّا اَخِذُوهَ» then we will take it from him by force and compulsion.
«وَشَطُرَ مَالِهِ» means some property or half the property, as a punishment for not giving zakat. Its conjunction is with the genitive pronoun in «اَخِذُوهَا». Another opinion is that it is the passive past tense form from "tashtir," i.e., «شُطّرَ». In this case, it would mean that the official (amil) will divide his property into two halves and take the better half himself.
«عَزْمَةً» In the nominative case, it will be the predicate of an omitted subject, and in the accusative case, it will be an absolute object of an omitted verb. The meaning will be that this is an obligation and a due right.
«مِنْ عَزَمَاتِ رَبُّنَا» It is among the rights and obligations of Allah, the Exalted.
«لَايَحِلُّ لِاَلِ مُحَمَّدٍ . . . الخ» It is not lawful for the family of Muhammad. Who is meant by the family of Muhammad? One opinion is that it refers to Banu Hashim and the family of Harith ibn Abd al-Muttalib.
«وَعَلَّقَ الشَّافِعِيُ» is derived from "ta'liq" (suspension).
«اَلَقُوْلَ بَهِ» i.e., with this hadith. The meaning is that half of his property will be taken as a punishment from the one who does not give zakat.
«عَلٰي تُبُوتِهِ» Imam Shafi'i rahimahullah has suspended his opinion on the authenticity of this hadith. He says that the scholars have not considered this hadith to be established; if it is proven authentic, then my opinion is according to it, because its chain depends on Bahz ibn Hakim, and there is discussion about him. And in any other authentic narration, there is no mention of taking more than the amount of zakat as a penalty from the one who does not give zakat.
Hadith Narrator:
Bahz ibn Hakim rahimahullah, his kunyah is Abu Abd al-Malik. The "ba" in Bahz is with a fatha, and the "ha" is sakin. His lineage is as follows: Bahz ibn Hakim ibn Mu'awiyah ibn Haydah. The "ha" in Haydah is with a fatha, the "ya" is sakin, and the "dal" is with a fatha. He was Qushayri (in the diminutive form) and from Basra. He was a Tabi'i of the sixth generation. There is a difference of opinion regarding using his hadith as evidence. Imam Abu Dawud rahimahullah is of the view that his ahadith are authentic. Imam Ibn Ma'in, Imam Ibn al-Madini, and Imam al-Nasa'i rahimahullah have declared him trustworthy, but Imam Abu Hatim rahimahullah said that his narrations cannot be used as proof. And Imam Ibn Hibban rahimahullah said that he made many mistakes. He died after 140 AH, and according to one narration, before 160 AH.
«عَنْ اَبِيهِ» i.e., Hakim ibn Mu'awiyah, he was also a Tabi'i. Ibn Hibban counted him among the trustworthy narrators.
«عَنْ جَدَّهِ» Mu'awiyah ibn Haydah ibn Mu'awiyah ibn Qushayr ibn Ka'b al-Qushayri radi Allahu anhu. He attained the honor of being a Companion. He settled in Basra. Several ahadith are narrated from him.
«سَائِمَةِ اِبِلٍ» «سائمة» is annexed to «ابل».
«فِي اَرْبَعْينَ بِنْتُ لَبُونٍ» means that, in general, among forty, a "bint labun" is a two-year-old she-camel. In the narration of Anas radi Allahu anhu, which has already been mentioned, from thirty-six to forty-five, one "bint labun" is mentioned, and in this hadith, the number forty is intended when the camels exceed one hundred and twenty; then, for every forty, a "bint labun" is due, as detailed in the hadith of Anas radi Allahu anhu. Or it may mean that the number forty is also included between thirty-six and forty-five. For however many camels there are between these two numbers, whether forty or a little more or less, zakat is due on them. This is the implied meaning, while in the narration of Anas radi Allahu anhu, the explicit wording is transmitted, so the explicit narration is to be given precedence. Thus, the mere number forty is not the intended meaning.
«لَايُفَرَّقُ» is a passive form derived from «تفريق», meaning that they will not be separated and divided individually.
«اِبِلٌ عَنْ حِسَابِهَا» means that the owner should not separate his property from another's property when both have their livestock together, as has been mentioned earlier. Or it may mean that all the camels should be counted according to the number forty, in which case neither the weak and sickly will be left out, nor the fat ones, nor the small, nor the large.
«مُوْتَجِراً بِهَا» is the one who gives them in zakat with the intention of earning reward.
«وَمَنْ مَّنَعَهَا» and the one who did not give.
«فَاِنَّا اَخِذُوهَ» then we will take it from him by force and compulsion.
«وَشَطُرَ مَالِهِ» means some property or half the property, as a punishment for not giving zakat. Its conjunction is with the genitive pronoun in «اَخِذُوهَا». Another opinion is that it is the passive past tense form from "tashtir," i.e., «شُطّرَ». In this case, it would mean that the official (amil) will divide his property into two halves and take the better half himself.
«عَزْمَةً» In the nominative case, it will be the predicate of an omitted subject, and in the accusative case, it will be an absolute object of an omitted verb. The meaning will be that this is an obligation and a due right.
«مِنْ عَزَمَاتِ رَبُّنَا» It is among the rights and obligations of Allah, the Exalted.
«لَايَحِلُّ لِاَلِ مُحَمَّدٍ . . . الخ» It is not lawful for the family of Muhammad. Who is meant by the family of Muhammad? One opinion is that it refers to Banu Hashim and the family of Harith ibn Abd al-Muttalib.
«وَعَلَّقَ الشَّافِعِيُ» is derived from "ta'liq" (suspension).
«اَلَقُوْلَ بَهِ» i.e., with this hadith. The meaning is that half of his property will be taken as a punishment from the one who does not give zakat.
«عَلٰي تُبُوتِهِ» Imam Shafi'i rahimahullah has suspended his opinion on the authenticity of this hadith. He says that the scholars have not considered this hadith to be established; if it is proven authentic, then my opinion is according to it, because its chain depends on Bahz ibn Hakim, and there is discussion about him. And in any other authentic narration, there is no mention of taking more than the amount of zakat as a penalty from the one who does not give zakat.
Hadith Narrator:
Bahz ibn Hakim rahimahullah, his kunyah is Abu Abd al-Malik. The "ba" in Bahz is with a fatha, and the "ha" is sakin. His lineage is as follows: Bahz ibn Hakim ibn Mu'awiyah ibn Haydah. The "ha" in Haydah is with a fatha, the "ya" is sakin, and the "dal" is with a fatha. He was Qushayri (in the diminutive form) and from Basra. He was a Tabi'i of the sixth generation. There is a difference of opinion regarding using his hadith as evidence. Imam Abu Dawud rahimahullah is of the view that his ahadith are authentic. Imam Ibn Ma'in, Imam Ibn al-Madini, and Imam al-Nasa'i rahimahullah have declared him trustworthy, but Imam Abu Hatim rahimahullah said that his narrations cannot be used as proof. And Imam Ibn Hibban rahimahullah said that he made many mistakes. He died after 140 AH, and according to one narration, before 160 AH.
«عَنْ اَبِيهِ» i.e., Hakim ibn Mu'awiyah, he was also a Tabi'i. Ibn Hibban counted him among the trustworthy narrators.
«عَنْ جَدَّهِ» Mu'awiyah ibn Haydah ibn Mu'awiyah ibn Qushayr ibn Ka'b al-Qushayri radi Allahu anhu. He attained the honor of being a Companion. He settled in Basra. Several ahadith are narrated from him.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 488
Shaykh Umar Farooq Saeedi
1575. Commentary:
➊ This hadith is of Hasan (good) grade, and in it, it is stated that from the one who withholds zakah, the full amount of zakah and half of his wealth as a penalty will be taken.
➋ Charity (sadaqah) and zakah were not lawful for the Prophet (sallallahu alayhi wa sallam) and his family. It was considered the impurities of the people. In one hadith, it is stated that «ان هذهِ الصدقةَ إنما هِىَ أوساخُ الناسِ‘ و إنها لاتحلُّ لمحمدٍ ولا لآلِ محمدٍ» [سنن أبي داود‘ الخراج‘ حدیث:2985) ’’یہ صدقہ تو لوگوں کی میل ہوتا ہے اور یہ محمد (ﷺ) اور آل محمد کےلیےحلال نہیں ہے۔‘‘ اور آپ ﷺ کی آل میں آپ کی جمیع ازواج اور جمیع اولاد کے علاوہ آل علی، آل عقیل، آل جعفر اور آل عیاس ؓ شامل ہیں۔ اور حرمت صدقہ میں آپ کے موالی کا بھی یہی حکم ہے۔ اسی مفہوم کی حدیث صحیح مسلم میں بھی موجود ہے۔ دیکھیے: [صحیح مسلم‘ الزکوة‘ حدیث:(1072]
➊ This hadith is of Hasan (good) grade, and in it, it is stated that from the one who withholds zakah, the full amount of zakah and half of his wealth as a penalty will be taken.
➋ Charity (sadaqah) and zakah were not lawful for the Prophet (sallallahu alayhi wa sallam) and his family. It was considered the impurities of the people. In one hadith, it is stated that «ان هذهِ الصدقةَ إنما هِىَ أوساخُ الناسِ‘ و إنها لاتحلُّ لمحمدٍ ولا لآلِ محمدٍ» [سنن أبي داود‘ الخراج‘ حدیث:2985) ’’یہ صدقہ تو لوگوں کی میل ہوتا ہے اور یہ محمد (ﷺ) اور آل محمد کےلیےحلال نہیں ہے۔‘‘ اور آپ ﷺ کی آل میں آپ کی جمیع ازواج اور جمیع اولاد کے علاوہ آل علی، آل عقیل، آل جعفر اور آل عیاس ؓ شامل ہیں۔ اور حرمت صدقہ میں آپ کے موالی کا بھی یہی حکم ہے۔ اسی مفہوم کی حدیث صحیح مسلم میں بھی موجود ہے۔ دیکھیے: [صحیح مسلم‘ الزکوة‘ حدیث:(1072]
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 1575
Hafiz Muhammad Ameen
(1) "Those that graze." Zakat is obligatory on those animals that spend the whole year or most of the year grazing in the wilderness or similar places, and for whom one does not have to provide fodder, except rarely.
(2) "For every forty camels." That is, after 120 camels, because up to 120 there is a specific zakat for camels, the explanation of which is coming ahead.
(3) "Bint Labun" refers to a she-camel that has completed two years of age and has entered the third year.
(4) "They will not be separated." That is, two partners will not separate their camels out of fear of zakat, for example: if one has three and the other has two camels, then one goat becomes obligatory as zakat. If they are separated, then nothing becomes obligatory. Or if some camels are weak or younger in age, they will still be counted in the total, but for zakat, an animal of the specified age and of average (in terms of fatness) will be taken.
(5) "They will even take half a camel." This action is as a punishment. The official of the Islamic government, through his agents, can forcibly take, along with zakat, half of the wealth in which zakat is obligatory, and it will be deposited in the Bayt al-Mal (public treasury). In light of the hadith, this is the preferred position. However, the majority of scholars consider financial punishment to be impermissible; according to them, only zakat will be collected. They have considered the mentioned hadith as a temporary punishment or are of the opinion that this ruling has been abrogated, but both of these views are questionable, whereas the mentioned hadith is a clear proof for the stated punishment.
(6) "It is not permissible." So that no one even thinks that the claim of prophethood was made for the purpose of amassing wealth.
(2) "For every forty camels." That is, after 120 camels, because up to 120 there is a specific zakat for camels, the explanation of which is coming ahead.
(3) "Bint Labun" refers to a she-camel that has completed two years of age and has entered the third year.
(4) "They will not be separated." That is, two partners will not separate their camels out of fear of zakat, for example: if one has three and the other has two camels, then one goat becomes obligatory as zakat. If they are separated, then nothing becomes obligatory. Or if some camels are weak or younger in age, they will still be counted in the total, but for zakat, an animal of the specified age and of average (in terms of fatness) will be taken.
(5) "They will even take half a camel." This action is as a punishment. The official of the Islamic government, through his agents, can forcibly take, along with zakat, half of the wealth in which zakat is obligatory, and it will be deposited in the Bayt al-Mal (public treasury). In light of the hadith, this is the preferred position. However, the majority of scholars consider financial punishment to be impermissible; according to them, only zakat will be collected. They have considered the mentioned hadith as a temporary punishment or are of the opinion that this ruling has been abrogated, but both of these views are questionable, whereas the mentioned hadith is a clear proof for the stated punishment.
(6) "It is not permissible." So that no one even thinks that the claim of prophethood was made for the purpose of amassing wealth.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 2446
Hafiz Muhammad Ameen
(1) Imam al-Nasa’i rahimahullah has derived the issue of the chapter—“freely grazing camels”—from this, because those camels which are kept for domestic needs are kept at home and are fed fodder. And indeed, there is no zakat in them. Likewise, for anything besides camels that is for a person’s personal needs, there is no zakat in it, no matter how valuable it may be.
(2) “It should not be diverted here and there.” This can also have another meaning, which has been mentioned in the benefit no. 10 of hadith 2449. For details, see (hadith: 2446).
(2) “It should not be diverted here and there.” This can also have another meaning, which has been mentioned in the benefit no. 10 of hadith 2449. For details, see (hadith: 2446).
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 2451
