Muslim

Hadith Commentary:
Although Umar (radi Allahu anhu) gave this horse as charity (sadaqah), he also applied the ruling of endowment (waqf) to charity by analogy. An objection arises here: in waqf, the original property is retained (i.e., its ownership is withheld), whereas in charity (sadaqah), the ownership of the original property is transferred. Therefore, this analogy is not correct.

Now, to say that Umar (radi Allahu anhu) had endowed (waqf) this horse is also not correct, because if it had been endowed, then how could the person who received the horse stand in the market to sell it?

Hadith Commentary:
(1)
The endowment (waqf) of immovable properties is common, for example:
Building a mosque, constructing a madrasa, establishing a well, endowing land, building a caravanserai, etc.
Imam Bukhari rahimahullah wants to establish that the endowment of movable properties is also permissible, the forms of which can be as follows:
٭ Establishing a mobile hospital and endowing it.
٭ Purchasing an ambulance and endowing it.
٭ Buying utensils and the like and keeping them so that they may be used for public welfare.
٭ Preparing bedding for travelers and endowing it.
٭ Placing copies of the Qur’an in mosques.
٭ Purchasing books of hadith and endowing them to students and teachers.
٭ Arranging weapons and mounts for the mujahideen.
All of these are examples of the endowment of movable properties.
Doing so is permissible.

(2)
Regarding the athar (narration) of Imam Zuhri rahimahullah, our inclination is that if a person himself becomes needy, then it is permissible for him to benefit from it, because in such circumstances he too will be counted among the poor (masakin).

Hadith Commentary:
It is not permissible to take back something that has been given to someone as charity (sadaqah or khayrat), even if it is taken back by paying its price, as is mentioned here.

Hadith Commentary:
Hazrat Umar (radi Allahu anhu) had given that horse to a person as assistance with the intention of jihad.
From this, the purpose of the chapter is established.
Later, that person began to sell it in the market, which is mentioned in the narration.

Hadith Commentary:
The horse that Umar Farooq (radi Allahu anhu) gave in the path of Allah was not endowed (waqf), rather it was the property of the warrior (ghazi).
If it had been endowed (waqf), then selling it would not have been permissible.
The statement of the Messenger of Allah (sallallahu alayhi wa sallam):
"Do not take back your charity,"
supports the fact that the horse was not endowed (waqf), but rather belonged to the warrior (ghazi).
In this way, he became entitled to sell it further, because you had given that horse to someone as cooperation for jihad, and now that mujahid became entitled to dispose of it, to the extent that he also became deserving of buying and selling it.

Hadith Commentary:
(1)
There are two meanings of giving "in the way of Allah (fi sabilillah)":
٭ You had dedicated (waqf) this horse, but this is not correct because it is prohibited to purchase something that has been made a waqf (endowment).
٭ You had given ownership of this horse to a warrior (ghazi); when he intended to sell it, Umar radi Allahu anhu wanted to buy it, but the Messenger of Allah sallallahu alayhi wa sallam forbade him from doing so.

There are two possible reasons for forbidding its purchase:
٭ The intention of the one giving charity (sadaqah) was to attain reward in the Hereafter; if he buys it back at a cheap price, it is as if he has turned away from the Hereafter and chosen the world instead. And such behavior is not befitting of righteous people.
٭ When a person obtains something for free and then sells it, he sells it at a low price; to the one who gave it in charity, he will sell it even cheaper. Thus, the lesser the amount, it is as if the giver of charity is taking back that portion of his charity, and doing so is strictly prohibited. Legally (shar'an), this is not permitted.

However, if a person becomes the heir of the item given in charity, or after it has been transferred to a third person, the original giver purchases it, then in this case there is no dislike (karahah).

(2)
The position of Ibn Umar radi Allahu anhu was that it is prohibited to purchase it and make it one's own property; however, if one buys it and then gives it in charity again, then doing so is permissible and is not among the prohibited forms. And Allah knows best.

1:
Because the one who gives charity (sadaqah) and then takes it back is like a dog that vomits and then licks it up,
Some scholars, deducing from the apparent meaning of the hadith, have declared it unlawful (haram) to purchase one’s own given charity,
But the majority (jumhur) have interpreted it as being disliked (karahat tanzihiyyah), because in itself there is no inherent objection in it,
The objection arises due to another reason: because often when the giver of charity buys back his charity from the recipient, due to the favor he had done by giving the charity, he may be given a concession in the price,
Also, apparently this hadith is in contradiction to the hadith of Abu Sa’id al-Khudri radi Allahu anhu: ((Charity is not lawful except for five: for the one who works over it, or a man who buys it with his wealth...the hadith)),
The reconciliation is made in such a way that the hadith of Umar radi Allahu anhu will be interpreted as indicating dislikedness (karahat tanzihiyyah), and the narration of Abu Sa’id radi Allahu anhu as indicating permissibility,
Or, the narration of Umar radi Allahu anhu pertains to voluntary charity (nafl sadaqah), and the narration of Abu Sa’id al-Khudri radi Allahu anhu pertains to obligatory charity (fard sadaqah).

1593. English Commentary:
➊ Whatever wealth has been given in the way of Allah, one should not covet it again. Rather, one should hope for reward from Allah. This is the true meaning of the saying, “Do good and cast it into the river.” Some people, after spending in the way of Allah, keep an eye on the matter, which is not appropriate. For this reason, in this very hadith, it is prohibited to buy back wealth that has been given in charity. However, where this issue does not exist, according to the majority of scholars, it is permissible—for example, if it is purchased from a third person, or if that item comes into one’s possession through inheritance. [Sharh Sunan Abi Dawud, Allamah Badr al-Din ‘Ayni: 6/294]
➋ The noble Companions (radi Allahu anhum ajma‘in) used to ask the Messenger of Allah (sallallahu alayhi wa sallam) before undertaking any new action, because they understood that all matters of life are connected to the regulations of Islam. Therefore, every Muslim should do the same and seek guidance from the Qur’an and Sunnah.

Urdu marginal note:
Because in any case, this involves making use of one’s own charity, which is not appropriate. As for the price, there is also the possibility of leniency in it, and furthermore, there is the potential for subterfuge in this matter as well; therefore, it was categorically prohibited.

English Translation:

One cannot take back one’s given charity by one’s own choice, for example: by purchasing it or by retracting it. However, if it returns to him involuntarily, for example: the person to whom the charity was given passes away and the giver of the charity becomes his heir, and that same charity returns to him through inheritance, then there is no harm in this. This is explicitly mentioned in the hadith. See: (Sahih Muslim, Kitab al-Siyam, Hadith: 1149). Some scholars have also deduced from this hadith: “One who frees a slave woman should not marry her, because this too is a form of returning to one’s charity.” However, this is actually a favor upon a favor, and in an authentic hadith it has been declared a cause for double reward. See: (Sahih al-Bukhari, Kitab al-‘Ilm, Hadith: 97). The Messenger of Allah (sallallahu alayhi wa sallam) himself freed Safiyyah (radi Allahu anha) and then married her, therefore this deduction is not correct. See: (Sahih al-Bukhari, Kitab al-Nikah, Hadith: 5086, and Sahih Muslim, Kitab al-Nikah, Hadith: 1365).

Benefits and Issues:

➊ Although buying is not the same as taking back, it outwardly resembles it; therefore, this too has been prohibited so that it does not become a trick (hiylah) for taking back charity.

➋ The desire to buy back something that has been given in charity indicates that the heart is still attached to it. This is not appropriate; rather, whatever has been given in the way of Allah, has been given—so why should there be a desire to acquire it again?

➌ When something given in charity is available at a low price, then it is as if, by spending less money, one has taken back one’s own thing by giving that much in charity; therefore, this is not permissible.

Hadith Authentication (Takhrij al-Hadith): [وأخرجه البخاري 2971، ومسلم 1620، من حديث مالك به]
Jurisprudential Points (Tafaqquh):
➊ Also see: [حديث : 214]
② A person who gives something as charity (sadaqah) cannot buy it back (i.e., purchase it again).
③ The one to whom charity (sadaqah) is given may sell it in case of need.
④ It is not permissible to take charity (sadaqah) back.
⑤ The Shariah has blocked the means of trickery (hiyal/hilah-bazi).