Muslim

Hadith Commentary:

Benefits and Issues:
➊ In this incident, the one sitting to the right of the Messenger of Allah (sallallahu alayhi wa sallam) was Ibn Abbas (radi Allahu anhuma), who was his close relative, and the one sitting to the left was also a close relative of Ibn Abbas (radi Allahu anhuma). Therefore, the Prophet (sallallahu alayhi wa sallam) sought permission from Ibn Abbas (radi Allahu anhuma) to give it to them, so that he might give up his right in favor of his elders. And from some narrations, it is understood that the Prophet (sallallahu alayhi wa sallam) wished to give it to Ibn Abbas’s (radi Allahu anhuma) maternal cousin, Khalid ibn al-Walid (radi Allahu ta'ala anhu), but Ibn Abbas (radi Allahu anhuma) did not consent to this due to the blessing of drinking from what the Prophet (sallallahu alayhi wa sallam) had drunk from. So the Prophet (sallallahu alayhi wa sallam) gave it to Ibn Abbas (radi Allahu anhuma) himself.

Hadith Commentary:
The meaning derived from the chapter heading is that the cistern (hawd) and the water-skin (mashk) are analogized to the cup.
Ibn Munir said: The reason for the relevance is that when the one sitting on the right side becomes more entitled to the cup merely due to sitting on the right, then the one who constructed the cistern or prepared the water-skin is, with even greater reason, more entitled to its water first.

Hadith Commentary:
(1)
The commentator of Bukhari, Ibn Munir, says that when the one sitting on the right side became more entitled to the cup merely due to being on the right, then the one who constructed the reservoir and prepared the waterskin is, by greater reason, more entitled to that water first.
(2)
Hafiz Ibn Hajar rahimahullah writes that the relevance of this hadith to the chapter heading is in the way that the water of the reservoir and the waterskin is analogized to the water in the cup.
If the one on the right was not entitled to the cup, then why would the Prophet sallallahu alayhi wa sallam seek his permission?
(Fath al-Bari: 5/55)

Hadith Commentary: Hafiz said: Since the Prophet (sallallahu alayhi wa sallam) said to Ibn Abbas (radi Allahu anhu) that he should gift his share to the elderly, and there were several elderly people and their share was undivided (mushā‘), from this the permissibility of gifting an undivided (mushā‘) share is derived. It is thus established that a single thing can be gifted jointly to several individuals.

Hadith Commentary:
(1)
The Messenger of Allah (sallallahu alayhi wa sallam) said to that boy:
“He should gift his share to the elders.”
And the elders were more than one in number.
Their share was joint and undivided; from this, the permissibility of a joint gift is established—that a single thing can be gifted jointly to several individuals.
Ibn Battal has written that the Messenger of Allah (sallallahu alayhi wa sallam) requested from that boy the share which was undivided and not separated from the others.
From this, the permissibility of gifting an undivided (musha‘) share is established.
(Fath al-Bari: 5/277)
If gifting a joint thing were not permissible, the Messenger of Allah (sallallahu alayhi wa sallam) would not have sought permission from that boy.
(2)
It should be noted that the “boy” mentioned in the hadith refers to Ibn Abbas (radi Allahu anhu), who later became famous with the titles “Habr al-Ummah” (the scholar of the Ummah) and “Tarjuman al-Qur’an” (the interpreter of the Qur’an).

Chapter of Sahih Bukhari Hadith No: 2351: «بَابٌ في الشُّرْبِ، وَمَنْ رَأَى صَدَقَةَ الْمَاءِ وَهِبَتَهُ وَوَصِيَّتَهُ جَائِزَةً، مَقْسُومًا كَانَ أَوْ غَيْرَ مَقْسُومٍ:» – The Relevance Between the Chapter and the Hadith:
The word “shurb” (drinking) appears in the wording of the hadith. Allamah Nasafi rahimahullah states:
“«شِرب: بكسر الشين» means a share of water, a watering place, or a time for drinking. Its plural is «أشراب». It is a verbal noun from the chapter «سَمِعَ», and it is also recited with both dammah and fathah.” [طلبة الطلبة للنسفي، ص: 312]
For further details, see: [جمهرة الأمثال، ج 1، ص: 81 - مجمع الأمثال، ص: 43]
The author of «مُغرِب» writes:
“«شِرب، لغة» with a kasrah under the letter sheen refers to a share of water, and in the Shariah, it means one’s turn to irrigate one’s fields or to water one’s livestock.” [المُغرب، ج 1، ص: 436]
Therefore, through the chapter heading, Imam Bukhari rahimahullah intends to establish that human ownership can be applied to water and that it is permissible to make it owned property. Imam Ibn al-Munir rahimahullah states:
«مراد أن الماء يملك، ولهذا استأذن النبى صلى الله عليه وسلم بعض الشركاء فيه، ورتب قسمته يمنة ويسرة . . .» [فتح الباري، ج 1، ص: 17]
“That is, Imam Bukhari rahimahullah’s intent is that human ownership can be applied to water and it is permissible to make it owned property. This is why, in the hadith, the Prophet sallallahu alayhi wa sallam sought permission from some of the partners for its division, and arranged its division to the right and left. If it had remained in its original permissibility, it would not have entered anyone’s ownership, nor would there have been any need for permission or arrangement of division.”
Allamah Abdul Haqq al-Hashimi rahimahullah states:
“The relevance of the hadith of Sayyiduna Anas radi Allahu anhu to the chapter heading is from the aspect that dividing water is legislated, because it was specified for those who were on the right side, meaning that the division should begin with those people. Therefore, the relevance to the chapter heading is established from here.” [. . . . . التراجم والأبواب، ج 00، ص: 00]
Thus, the relevance between the chapter heading and the hadith is that, by the Companion sitting on the right side in the hadith, his entitlement was established. If he had no entitlement, why would the Noble Prophet sallallahu alayhi wa sallam seek his permission? Therefore, if a person brings water under his control, places it in his water-skin, etc., then a fortiori, his entitlement to that water will be established and that water will become his property. [فتح الباري، ج 6، ص 67]
Hence, from here, the relevance of the hadith to the chapter heading becomes apparent, but at the same time, Allamah ‘Ayni rahimahullah has raised an objection.
Allamah ‘Ayni rahimahullah’s Objection to the Hadith:
«فإن قلت: ليس فى الحديث أن القدح كان فيه ماء؟» [عمدة القاري، شرح صحيح البخاري، ج 16، ص 281]
“In this hadith, there is no clarification that the vessel contained water, so how can the claim of entitlement to ownership of water be established from this hadith?”
Imam Abdullah bin Salim al-Basri al-Shafi‘i rahimahullah, responding to your objection, states:
«والحديث الأول لم يذكر فيه الشراب الذى كان فى القدح هل هو ماء أو لبن شيب بماء؟ و ظاهر الأمر انه كان لبنا، أى بل جاء مفسرا فى كتاب الأشربة بأنه لبن» [ضياء الساري، ج 18، ص: 15]
“That is, in the first hadith, it is not mentioned what was in the vessel—was it water, milk, or a mixture of both? What is apparent is that it was milk, as is mentioned later in «كتاب الأشربة» that it was a vessel of milk.”
Benefit:
Who was the Companion sitting on the right? From the hadith in Sunan al-Tirmidhi, it is known that it was Sayyiduna Ibn Abbas radi Allahu anhuma. [سنن الترمذي، رقم: 3455، و حسنه الألباني فى السلسلة الصحيحة: 2340، و ابن السني، رقم: 468]
Hafiz Ibn ‘Abd al-Barr rahimahullah states:
«و روى من طريق اسماعيل بن جعفر: أخبرني أبوحازم عن سهل بن سعد قال: أتى رسول الله صلى الله عليه وسلم بقدح من لبن و غلام عن يمينه و الأشياخ امامه و عن يساره . . . الحديث» [التمهيد، ج 21، ص: 132]
Ibn Battal rahimahullah states:
«يقال أن الغلام هو الفضل بن العباس» [شرح ابن بطال، ج 6، ص: 494]
“That is, the boy was Fadl ibn Abbas.”
Burhan al-Din Sibt Ibn al-‘Ajami rahimahullah states that it was Fadl ibn Abbas. [تنبيه المسلم بمهمات ”صحيح مسلم“، ص: 350]
Hafiz Ibn ‘Abd al-Barr rahimahullah also presented a narration in which the Ibn Abbas referred to is Sayyiduna Abdullah ibn Abbas radi Allahu anhuma. [التمهيد، ج 21، ص: 123]
Ibn al-Mulaqqin rahimahullah states:
“The slave referred to here is Sayyiduna Ibn Abbas radi Allahu anhuma, as has already been mentioned.” [التوضيح، ج 15، ص: 311]
Allamah Ibn al-Tin rahimahullah states:
“It refers to Sayyiduna Abdullah ibn Abbas radi Allahu anhuma.” [فتح الباري، ج 6، ص: 68]
Allamah Qastallani rahimahullah states:
“It is indeed Sayyiduna Abdullah ibn Abbas radi Allahu anhuma, because this statement is definitive, as is explicitly stated in the narration of Musnad Ibn Abi Shaybah.” [إرشاد الساري، ج 5، ص: 341]
Imam Nawawi rahimahullah states:
“The boy referred to is Sayyiduna Abdullah ibn Abbas radi Allahu anhuma.” [إرشاد الساري، ج 5، ص: 341 - تكملة فتح الملهم: 10/4]
Who were the elders on the left side?
Imam Nawawi rahimahullah said: “«اشياخ» includes Sayyiduna Khalid ibn al-Walid radi Allahu anhu.” [إرشاد الساري، ج 5، ص: 341]
Ibn al-Mulaqqin rahimahullah states:
«و الأشياخ: خالد بن الوليد أو منهم خالد» [التوضيح، ج 15، ص: 311]
Abdullah Salim al-Basri states:
“«الأشياخ» included Khalid ibn al-Walid.” [ضياء الساري، ج 18، ص: 11]
Some have transmitted from Ibn al-Tin rahimahullah: In the next narration, the statement «عن يمينه أعرابي» refers to Sayyiduna Khalid ibn al-Walid radi Allahu anhu. [عمدة القاري، ج 12، ص 282]
Allamah ‘Ayni rahimahullah has objected that it is not correct to call Sayyiduna Khalid ibn al-Walid radi Allahu anhu a Bedouin (A‘rabi), nor had he reached the age of the elders.
Therefore, if both incidents mentioned in the aforementioned ahadith and the incident recorded in Tirmidhi, Kitab al-Da‘awat, no. 3455, are one and the same, then there is no objection in this. However, Hafiz Ibn Hajar rahimahullah has refuted this. He states:
«وتعقب بأن مثله لا يقال له اعرابي، وكأن الحامل له على ذالك أنه رأى فى حديث ابن عباس الذى أخرجه الترمذي قال ”دخلت أنا و خالد بن الوليد على ميمونة . . .“ فظن أن القصة واحدة، وليس كذالك فان هذه القصة فى بيت ميمونة وقصة أنس فى دار أنس فافترقا . . .» [فتح الباري، ج 5، ص: 27-28]
Some have assumed that the ahadith of Sayyiduna Anas radi Allahu anhu and Sayyiduna Ibn Abbas radi Allahu anhuma relate to the same incident, so they took “the Bedouin” to refer to Sayyiduna Khalid ibn al-Walid radi Allahu anhu. However, the reality is otherwise, because this incident occurred in the house of Sayyidah Maymunah bint al-Harith radi Allahu anha, while the other incident narrated from Sayyiduna Anas radi Allahu anhu occurred in the house of Sayyiduna Anas radi Allahu anhu.
As for the issue of the inclusion of Sayyiduna Khalid ibn al-Walid radi Allahu anhu in the narration mentioned in «أشياخ», if this incident and the hadith of Sayyiduna Ibn Abbas radi Allahu anhuma are one and the same, then there is no objection to the inclusion of Sayyiduna Khalid ibn al-Walid radi Allahu anhu in it. This is because there is nothing in the narration of Sayyiduna Ibn Abbas radi Allahu anhuma to preclude the presence of anyone other than Sayyiduna Khalid ibn al-Walid radi Allahu anhu.

Hadith Commentary:
This young boy was Abdullah ibn Abbas (radi Allahu anhu), and coincidentally, he was seated on the right side in the gathering at that time. The other elders and senior Companions were on the left side. When the Messenger of Allah (sallallahu alayhi wa sallam) wished to distribute the remaining drink, this distribution was to begin from the right side. Thus, the right belonged to Abdullah ibn Abbas (radi Allahu anhu). The Messenger of Allah (sallallahu alayhi wa sallam), out of consideration for the elders on the left, sought permission from Abdullah ibn Abbas, but he was not willing because, in this way, when and where would he ever again have the fortune of receiving water left by the Messenger of Allah (sallallahu alayhi wa sallam)? Therefore, he clearly refused this act of self-sacrifice.

The relevance of this hadith to the chapter is that the distribution of water is permissible, and ownership of one's share is lawful. Otherwise, why would the Messenger of Allah (sallallahu alayhi wa sallam) seek permission from the boy? It is also derived from the hadith that in distribution, the share belongs first to those on the right, then to those on the left. Thus, the Messenger of Allah (sallallahu alayhi wa sallam) gifted his leftover water to this boy. From this, gifting water is also established. And it is also proven that in the matter of right and wrong, no consideration is to be given even to the greatest of people. The right is, in any case, the right; if it belongs to a lesser person, it is the duty of the elders to willingly let it be transferred to him and to abandon any sense of superiority. However, in today's era, such self-sacrificing people are very few. Self-sacrifice and giving preference to others is a requirement of faith. May Allah grant every Muslim this ability. Ameen.

Hadith Commentary:
(1)
From this hadith, the permissibility of distributing water is established, and likewise, ownership of one’s share is also permissible; otherwise, there would have been no need to seek permission from the boy.
(2)
It is also understood that before distribution, those on the right have a superior right.
The Messenger of Allah (sallallahu alayhi wa sallam) gave his leftover water to the boy; from this, the permissibility of gifting water is also established.
It should be noted that the boy mentioned in the hadith was Abdullah ibn Abbas (radi Allahu anhu), who happened to be sitting on the right side of the Messenger of Allah (sallallahu alayhi wa sallam) at that time, while the other elder companions were on the left side.
When the Messenger of Allah (sallallahu alayhi wa sallam) wished to distribute the remaining drink, this distribution was to begin from the right side, and thus the right belonged to Abdullah ibn Abbas (radi Allahu anhu).
The Messenger of Allah (sallallahu alayhi wa sallam), out of consideration for the elders on the left, sought their permission, but they clearly refused, because who knows when and where one might again be blessed with the leftover water of the Messenger of Allah (sallallahu alayhi wa sallam); on this basis, they clearly declined to show altruism.

Hadith Commentary:
Although the right belonged to the boy, the Prophet (sallallahu alayhi wa sallam) did not accept intercession on his behalf, upon which he immediately handed the cup to him.

Hafiz (rahimahullah) says:
And the truth is as Ibn Battal said, that the Prophet (sallallahu alayhi wa sallam) asked the boy to gift his share to the elders, and his share was still undivided and not distinguished. This indicates the validity of gifting an undivided (mushā‘) share. And Allah knows best (Fath).

That is, the correct view is that the Prophet (sallallahu alayhi wa sallam) told the boy to gift his portion to the elders, and his portion was still joint property. From this, the validity of gifting an undivided share is established.

Hadith Commentary:
The blessing (tabarruk) received from the Messenger of Allah (sallallahu alayhi wa sallam) was, in effect, a gift (hiba), and it was not something that had been divided.

Hafiz Ibn Hajar (rahimahullah) writes:
Imam Bukhari (rahimahullah) has established from this hadith the permissibility of gifting a shared (mushā‘) item, and this is the truth, because the Messenger of Allah (sallallahu alayhi wa sallam) said to the boy:
“He should gift his share to the elders.”
And his share was still undivided at that time; from this, the permissibility of gifting something that has not yet been divided is established.
(Fath al-Bari: 5/277)

Hadith Commentary:

The word "talla" indicates that you handed over the cup to the boy reluctantly; your desire was that he show selflessness (ithar) for his elders, but he did not do so, so the Messenger of Allah (sallallahu alayhi wa sallam) gave the cup to him.

Hadith Commentary:
(1)
From the wording of the hadith, it is understood that the Messenger of Allah (sallallahu alayhi wa sallam) gave the cup to the boy reluctantly, because he wished that the boy would show selflessness towards the elders, but since he did not do so, the Prophet (sallallahu alayhi wa sallam) also did not wish to violate the right and justice.
From another hadith, it is known that on the right side was Ibn Abbas (radi Allahu anhu) and on the left side was Khalid ibn al-Walid (radi Allahu anhu).
In that narration, after Ibn Abbas (radi Allahu anhu) drank, Khalid ibn al-Walid (radi Allahu anhu) drank from it.
(Sunan Ibn Majah, Al-Ashribah, Hadith: 3426)
(2)
From this, it is also understood that in every good deed, the right side is given preference over the left side.
The Messenger of Allah (sallallahu alayhi wa sallam) expressed his desire to give his blessed leftover (tabarruk) to Khalid ibn al-Walid (radi Allahu anhu).
This contained consideration for respecting the elders.
(3)
This hadith also shows that when an opportunity for honor is available, one should take advantage of it, but in seeking it, one should not adopt a manner that leads to the belittlement of others.

Hadith Commentary:
Because his right was given precedence—he was sitting on the right side.
For the relevance of this hadith to the chapter, some have said that Imam Bukhari rahimahullah derived the chapter’s intent as follows: The Messenger of Allah sallallahu alayhi wa sallam sought permission from Ibn Abbas radi Allahu anhu to give the cup first to the elderly people. If he had granted permission, then this permission would have been of an unspecified amount—
that is, it was not specified how much milk was permitted.
Thus, the purpose of the chapter is established.
(Wahidi)

Hadith Commentary:
(1)
In this hadith, it is mentioned that the Messenger of Allah (sallallahu alayhi wa sallam) sought permission from the child to give the remaining drink to the elders.
If he had granted permission, it would have been such permission in which the quantity of the drink was not specified—how much they would drink and what would remain for himself.
From this, Imam Bukhari (rahimahullah) established the chapter heading that, for granting permission or waiving a right, it is not necessary for the quantity to be known.
(2)
There are also some situations in which it is not appropriate to specify the details.
Allamah ‘Ayni (rahimahullah) says:
If that boy had granted permission, then the portion that would have gone to the elders would not have been known, nor would the amount he himself would drink be known. Thus, by analogy, it is understood that such permission, in which the quantity is not specified, is permissible.
(‘Umdat al-Qari: 201/9)

Hadith Authentication:
[وأخرجه البخاري 5620، و مسلم 2030، من حديث مالك به]

Jurisprudential Points:
➊ When giving or serving something to drink, one should start from the right side, even if there are more virtuous people present on the left.
➋ Small children may sit to the right of elders; however, it is better to seat them on the left side.
➌ Students may sit in gatherings of senior scholars, and likewise, it is permissible for someone of lesser virtue to sit with someone of greater virtue.
➍ It is better that if a gift of food or drink is brought to someone, he should include the other companions present in the gathering as well, but this is not obligatory or necessary.
➎ One should always observe the limits set by the Shari‘ah.
➏ Also see hadith [البخاري 5619، ومسلم 2029]
In Urdu dictionaries, the word "jhootha" (leftover food or drink) is written as "jhoota," whereas in our view, the word "jhootha" is more eloquent. And Allah knows best.