Muslim

Hadith Commentary:
Vocabulary of the Hadith:
(1)
‘Uluww:
Both dammah (u) and kasrah (i) can be used on the letter ‘ayn,
Height,
Elevation,
The people of Banu ‘Amr ibn ‘Awf lived in Quba,
which is located in the elevated part of Madinah.
Mala’:
Leaders and nobles,
It is also used for a group.
Banu Najjar:
This clan was the maternal relatives of the grandfather of the Messenger of Allah (sallallahu alayhi wa sallam),
therefore, he (sallallahu alayhi wa sallam) considered them as maternal uncles (akhwal).
Mutakallidi suyufihim:
Having their swords hung (by their sides) so that the Jews would know that they were ready to make every sacrifice for the protection of the Prophet (sallallahu alayhi wa sallam).
Fina’:
The courtyard or open space in front of a house.
Marabid:
Plural of marbid,
Enclosure,
Where goats sit and spend the night.
Amr:
Can be read both as ma‘ruf (active) and majhul (passive).
(2)
Thaminuni:
Settle the price with me,
The Prophet (sallallahu alayhi wa sallam) bought this plot for ten dinars,
because it belonged to orphan children and the price was paid by Abu Bakr (radi Allahu anhu), and according to some, by Abu Ayyub al-Ansari (radi Allahu anhu).
(3)
Kharibun or khirabun:
A deserted place,
Ruins.
(4)
Nubishat:
They were dug up.
(5)
‘Adhadatayhi:
‘Adhadah refers to the doorposts or one side of the doors,
Yartajizun:
They were reciting rajaz.
Rajaz is a type of poetry in which each line is separate,
This speech is rhythmic or on the meter of poetry.
But the speaker does not intend poetry,
And if, occasionally, rhythmic speech comes from a person’s mouth, it will not be considered poetry, nor will the person be called a poet.

Hadith Commentary: Al-Bukhari intended to refute those who restrict the permissibility of endowment (waqf) to mosques only, and it is as if he is saying: The endowment of the mentioned land was executed before it became a mosque, which indicates that the validity of endowment is not limited to mosques. The way this is derived from the hadith in the chapter is that those who said, “We seek its price only from Allah,” it is as if they donated the mentioned land, making the establishment of the endowment necessary before the construction. From this, it is understood that if someone endows a piece of land with the intention that a mosque will be built upon it, the endowment is established before the construction (Fath).

The summary of this statement is that it is permissible to endow land in the name of a mosque even before its construction. Some people do not consider this permissible, and Imam al-Bukhari rahimahullah’s objective is to refute them. The Banu Najjar first endowed the land, and later the Prophet’s Mosque (Masjid Nabawi) was constructed there.

Hadith Commentary:
(1)
There are two types of mosques:
One is that a mosque is established in a part of a house, field, or factory, and prayer is started there.
For this type of mosque, all the requirements—such as the call to prayer (adhan), congregational prayer (jama‘ah), and Friday prayer (jumu‘ah)—are not necessary, nor is it necessary for this type of mosque to be endowed (waqf).
The second type is that the mosque is constructed with its proper etiquettes and requirements.
In it, prayer, congregation, and Friday prayer are observed, and at the time of prayer, every Muslim who utters the testimony of faith (kalimah) is free to perform prayer in it.
For this type of mosque, it is necessary that it be endowed (waqf), so that no one can hinder the worshippers from performing prayer.
If the mosque is not endowed, then the owner, due to his authority and discretion, can prevent its use.

(2)
The purpose of Imam al-Bukhari rahimahullah is to show that it is not necessary for the mosque to be endowed only after its construction; rather, the land can be endowed beforehand, as is clearly understood from the aforementioned hadith.
The commentator of al-Bukhari, Ibn al-Munir, says:
With this chapter heading, Imam al-Bukhari rahimahullah intends to refute those who consider endowment (waqf) to be obligatory only with the construction of the mosque.
Even the land acquired for the mosque before its construction can be endowed.
(Fath al-Bari: 5/494)

Hadith Commentary:
In the translation of this hadith, Hazrat Maulana Waheed-uz-Zaman (rahimahullah) has omitted the translation of the words "wa yusalli fi marabid al-ghanam" (and he prays in the sheepfolds). Most likely, this was an oversight on the part of the late scholar.
In this hadith as well, migration (hijrah) is mentioned; this is the reason for its relevance to the chapter.

Hadith Commentary:
➊
The direction from Madinah Tayyibah towards Najd was called ‘Aliyah, and the direction towards Tihamah was called ‘Safilah’. Quba is in the ‘Awali (outskirts) of Madinah.
The fact that the Messenger of Allah (sallallahu alayhi wa sallam) descended in the elevated part of Madinah was an omen of honor and elevation.

➋
Regarding this garden, it was clarified in a previous hadith that it was a place for drying dates.
It is possible that it was originally a garden, then after becoming desolate, it became a place for dates.
That garden belonged to the sons of ‘Amr, Sahl and Suhayl, who had become orphans and were under the guardianship of As‘ad ibn Zurarah (radi Allahu anhu).
The Messenger of Allah (sallallahu alayhi wa sallam) ordered Abu Bakr (radi Allahu anhu) to pay the price of this garden, so he paid ten dinars as its price.

➌
Before the arrival of the Messenger of Allah (sallallahu alayhi wa sallam), As‘ad ibn Zurarah (radi Allahu anhu) used to pray there.
The Messenger of Allah (sallallahu alayhi wa sallam) initially constructed the mosque’s framework from palm branches, and after four years of the Hijrah, it was built with bricks and mortar.
(Fath al-Bari: 7/308)

➍
Since this hadith mentions the migration of the Messenger of Allah (sallallahu alayhi wa sallam) and his arrival in Madinah, Imam Bukhari (rahimahullah) has narrated this hadith.
And Allah knows best.

Hadith Commentary:

It appears that Najjar dedicated his jointly-owned land as a waqf (endowment) for the mosque, thus the purpose of the chapter is fulfilled. However, Ibn Sa’d has narrated in al-Tabaqat from Waqidi that the Prophet (sallallahu alayhi wa sallam) purchased this land for ten dinars, and Abu Bakr al-Siddiq (radi Allahu anhu) paid the price.

Even in this case, the objective of the chapter is fulfilled from the aspect that initially the Banu Najjar intended to dedicate it as a waqf, and the Prophet (sallallahu alayhi wa sallam) did not object to this.

In Waqidi’s narration, it is also mentioned that the price was paid because two orphan children also had a share in it (Wahidi).

This hadith has also been mentioned in the chapters on funerals.

Hadith Commentary:
Mushā‘ (مشاع) refers to that joint property in which the shares of the partners have not been specified.

Some scholars hold the view that joint property cannot be endowed (waqf), whether the endower is an individual or a group.

Imam Bukhari rahimahullah has considered this view questionable and has established that a group can endow joint property, as the Banu Najjar endowed their garden for Allah, which the Messenger of Allah sallallahu alayhi wa sallam upheld. Although in some narrations it is mentioned that Abu Bakr radi Allahu anhu paid the price of ten dinars for this garden, nevertheless, before the payment of the price, when they spoke to the Messenger of Allah sallallahu alayhi wa sallam saying, “We endow it,” he did not reject it.

If endowment (waqf) of mushā‘ were not permissible, he would not have accepted it, but rather would have rejected it.

(Fath al-Bari: 5/488)