Hadith 2475

حَدَّثَنَا مُحَمَّدُ بْنُ أَبِي عُمَرَ الْعَدَنِيُّ ، حَدَّثَنَا فَرَجُ بْنُ سَعِيدِ بْنِ عَلْقَمَةَ بْنِ سَعِيدِ بْنِ أَبْيَضَ بْنِ حَمَّالٍ ، حَدَّثَنِي عَمِّي ثَابِتُ بْنُ سَعِيدِ بْنِ أَبْيَضَ بْنِ حَمَّالٍ ، عَنْ أَبِيهِ سَعِيدٍ ، عَنْ أَبِيهِ أَبْيَضَ بْنِ حَمَّالٍ ، أَنَّهُ اسْتَقْطَعَ الْمِلْحَ الَّذِي يُقَالُ لَهُ مِلْحُ سُدِّ مَأْرِبٍ فَأَقْطَعَهُ لَهُ ، ثُمَّ إِنَّ الْأَقْرَعَ بْنَ حَابِسٍ التَّمِيمِيَّ أَتَى رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ : يَا رَسُولَ اللَّهِ إِنِّي قَدْ وَرَدْتُ الْمِلْحَ فِي الْجَاهِلِيَّةِ وَهُوَ بِأَرْضٍ لَيْسَ بِهَا مَاءٌ ، وَمَنْ وَرَدَهُ أَخَذَهُ ، وَهُوَ مِثْلُ الْمَاءِ الْعِدِّ ، فَاسْتَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَبْيَضَ بْنَ حَمَّالٍ فِي قَطِيعَتِهِ فِي الْمِلْحِ فَقَالَ : قَدْ أَقَلْتُكَ مِنْهُ عَلَى أَنْ تَجْعَلَهُ مِنِّي صَدَقَةً ، فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " هُوَ مِنْكَ صَدَقَةٌ ، وَهُوَ مِثْلُ الْمَاءِ الْعِدِّ مَنْ وَرَدَهُ أَخَذَهُ " قَالَ فَرَجٌ : وَهُوَ الْيَوْمَ عَلَى ذَلِكَ مَنْ وَرَدَهُ أَخَذَهُ ، قَالَ : فَقَطَعَ لَهُ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَرْضًا وَنَخْلًا بِالْجُرْفِ جُرْفِ مُرَادٍ مَكَانَهُ حِينَ أَقَالَهُ مِنْهُ .
´It was narrated from Abyad bin Hammal:` That he asked for a salt flat called the Ma'rib Dam to be given to him, and it was given to him. Then Aqra bin Habis At-Tamimi came to the Messenger of Allah (ﷺ) and said: “O Messenger of Allah (ﷺ), I used to come to the salt flat during the Ignorance period and it was in a land in which there was no water, and whoever came to it took from it. It was (plentiful) like flowing water.” So the Messenger of Allah (ﷺ) asked Abyad bin Hammal to give back his share of the salt flat. He said: “I give it to you on the basis that you make it charity given by me.” The Messenger of Allah said: “It is a charity from you, and it is like flowing water, whoever comes to it may take from it.”(One of the narrators) Faraj said: “That is how it is today, whoever comes to it takes from it.” He said: “The Prophet (ﷺ) gave him land and palm trees in Jurf Murad instead, when he took back the salt flat from him.”
Hadith Reference سنن ابن ماجه / كتاب الرهون / 2475
Hadith Grading الألبانی: حسن  |  زبیر علی زئی: ضعيف, إسناده ضعيف, سنن أبي داود (3066), انوار الصحيفه، صفحه نمبر 468
Hadith Takhrij «سنن ابی داود/الخراج 36 ( 3064 ) ، سنن الترمذی/الأحکام 39 ( 1380 ) ، ( تحفة الأشراف : 1 ) ، وقد أخرجہ : سنن الدارمی/البیوع 66 ( 2650 ) ( حسن ) »
Related hadith on this topic
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
➊ The head of an Islamic government can grant a piece of land to a Muslim as a reward for a particular achievement; this is called a fief (jagir).

➋ In a fief (jagir), such things should not be given which are needed by the general public.

➌ At the location of Sadd Marib, sea salt was obtained, which anyone could take to fulfill their needs and could also take to another place to sell. Abu Bayd radi Allahu anhu wished that the proprietary rights of this be given to him, and the Messenger of Allah sallallahu alayhi wa sallam accepted his request.

➍ If a subject presents a beneficial suggestion, it should be accepted, even if the ruler has to change a previous decision for it.

➎ Abu Bayd radi Allahu anhu, instead of returning it, gave it in charity (sadaqah); in this way, the benefit for the Muslims that was intended by the return was also achieved, and the reward of charity was also attained.

➏ Time is not anyone’s property; every person has the right to benefit from it.

➐ Farrukh bin Sa’id rahimahullah was the great-grandson of Abu Bayd radi Allahu anhu and was a contemporary of Imam Malik.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2475
Shaykh Dr. Abdur Rahman Freywai
Commentary:
Note:
(This chain is continuously weak:
"Thumamah" is lenient in hadith,
and "Sameer" is unknown,
but by being strengthened through another narration of Abu Dawood (no. 3065), this hadith is hasan li-ghayrihi (good due to corroborating evidence).
Its authentication has been done by Ibn Hibban and its grading as hasan by al-Albani (with the exception of "ma lam tanluhu khuffaf" [unless the leather socks have not been reached]). See:
Sahih Abi Dawood no. 2694) and (on the basis of a supporting narration, it is hasan li-ghayrihi as mentioned previously).
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1380
Shaykh Umar Farooq Saeedi
Benefits and Issues:
➊ Such lands that were previously uncultivated and have been granted to someone by the Islamic government,
➋ or if someone has cultivated an uncultivated land on their own and has become its owner,
➌ then it is not permissible to prevent the general public from benefiting from the trees that were already present, nor from those that grow naturally, such as bushes, etc.
➍ Likewise, it is not ethically correct to prevent those in need from accessing naturally growing grass or bushes.
➎ However, if the owner has personally cultivated something,
➏ then he has the right to prevent others from benefiting from it.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3066
Shaykh Umar Farooq Saeedi
Benefits and Issues:
It is deduced from this hadith that such mines whose profits are apparent and which pertain to the general public should not be given into the exclusive ownership of any individual. This is in contrast to those mines which are extracted through effort and toil.

➋ The Imam has the right to revoke a grant after giving it.

➌ It is not blameworthy for a judge (qadi) to retract his own verdict.

➍ The companions of the Imam and the judge should inform them of any matters or points that are not clear to them.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3064