سنن نسائي
Nasai
كتاب قسم الفىءThe Book of Distribution of Al-Fay'
بَابُ :Chapter: The Book Of The Distribution Of Al-Fay'
Hadith 4153
اُردوEn
أَخْبَرَنَا عَلِيُّ بْنُ حُجْرٍ ، قَالَ : حَدَّثَنَا إِسْمَاعِيل يَعْنِي ابْنَ إِبْرَاهِيمَ ، عَنْ أَيُّوبَ ، عَنْ عِكْرِمَةَ بْنِ خَالِدٍ ، عَنْ مَالِكِ بْنِ أَوْسِ بْنِ الْحَدَثَانِ ، قَالَ : جَاء الْعَبَّاسُ , وَعَلِيٌّ إِلَى عُمَرَ يَخْتَصِمَانِ ، فَقَالَ الْعَبَّاسُ اقْضِ بَيْنِي وَبَيْنَ هَذَا ، فَقَالَ النَّاسُ : افْصِلْ بَيْنَهُمَا ، فَقَالَ عُمَرُ : لا أَفْصِلُ بَيْنَهُمَا , قَدْ عَلِمَا أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ , قَالَ : " لَا نُورَثُ مَا تَرَكْنَا صَدَقَةٌ " ، قَالَ : فَقَالَ الزُّهْرِيُّ : وَلِيَهَا رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ , فَأَخَذَ مِنْهَا قُوتَ أَهْلِهِ , وَجَعَلَ سَائِرَهُ سَبِيلَهُ سَبِيلَ الْمَالِ ، ثُمَّ وَلِيَهَا أَبُو بَكْرٍ بَعْدَهُ ، ثُمَّ وُلِّيتُهَا بَعْدَ أَبِي بَكْرٍ فَصَنَعْتَ فِيهَا الَّذِي كَانَ يَصْنَعُ ، ثُمَّ أَتَيَانِي فَسَأَلَانِي ، أَنْ أَدْفَعَهَا إِلَيْهِمَا عَلَى أَنْ يَلِيَاهَا بِالَّذِي وَلِيَهَا بِهِ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ , وَالَّذِي وَلِيَهَا بِهِ أَبُو بَكْرٍ ، وَالَّذِي وُلِّيتُهَا بِهِ , فَدَفَعْتُهَا إِلَيْهِمَا , وَأَخَذْتُ عَلَى ذَلِكَ عُهُودَهُمَا ، ثُمَّ أَتَيَانِي يَقُولُ : هَذَا اقْسِمْ لِي بِنَصِيبِي مِنَ ابْنِ أَخِي , وَيَقُولُ : هَذَا اقْسِمْ لِي بِنَصِيبِي مِنِ امْرَأَتِي ، وَإِنْ شَاءَا أَنْ أَدْفَعَهَا إِلَيْهِمَا عَلَى أَنْ يَلِيَاهَا بِالَّذِي وَلِيَهَا بِهِ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، وَالَّذِي وَلِيَهَا بِهِ أَبُو بَكْرٍ ، وَالَّذِي وُلِّيتُهَا بِهِ دَفَعْتُهَا إِلَيْهِمَا ، وَإِنْ أَبَيَا كُفِيَا ذَلِكَ ، ثُمَّ قَالَ : وَاعْلَمُوا أَنَّمَا غَنِمْتُمْ مِنْ شَيْءٍ فَأَنَّ لِلَّهِ خُمُسَهُ وَلِلرَّسُولِ وَلِذِي الْقُرْبَى وَالْيَتَامَى وَالْمَسَاكِينِ وَابْنِ السَّبِيلِ سورة الأنفال آية 41 هَذَا لِهَؤُلَاءِ إِنَّمَا الصَّدَقَاتُ لِلْفُقَرَاءِ وَالْمَسَاكِينِ وَالْعَامِلِينَ عَلَيْهَا وَالْمُؤَلَّفَةِ قُلُوبُهُمْ وَفِي الرِّقَابِ وَالْغَارِمِينَ وَفِي سَبِيلِ اللَّهِ سورة التوبة آية 60 هَذِهِ لِهَؤُلَاءِ وَمَا أَفَاءَ اللَّهُ عَلَى رَسُولِهِ مِنْهُمْ فَمَا أَوْجَفْتُمْ عَلَيْهِ مِنْ خَيْلٍ وَلا رِكَابٍ سورة الحشر آية 6 . قَالَ الزُّهْرِيُّ : هَذِهِ لِرَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ خَاصَّةً , قُرًى عَرَبِيَّةً فَدْكُ كَذَا وَكَذَا ! فَـ مَا أَفَاءَ اللَّهُ عَلَى رَسُولِهِ مِنْ أَهْلِ الْقُرَى فَلِلَّهِ وَلِلرَّسُولِ وَلِذِي الْقُرْبَى وَالْيَتَامَى وَالْمَسَاكِينِ وَابْنِ السَّبِيلِ سورة الحشر آية 7 وَ لِلْفُقَرَاءِ الْمُهَاجِرِينَ الَّذِينَ أُخْرِجُوا مِنْ دِيَارِهِمْ وَأَمْوَالِهِمْ سورة الحشر آية 8 وَ وَالَّذِينَ تَبَوَّءُوا الدَّارَ وَالإِيمَانَ مِنْ قَبْلِهِمْ سورة الحشر آية 9 وَ وَالَّذِينَ جَاءُوا مِنْ بَعْدِهِمْ سورة الحشر آية 10 فَاسْتَوْعَبَتْ هَذِهِ الْآيَةُ النَّاسَ , فَلَمْ يَبْقَ أَحَدٌ مِنَ الْمُسْلِمِينَ إِلَّا لَهُ فِي هَذَا الْمَالِ حَقٌّ ، أَوْ قَالَ : حَظٌّ , إِلَّا بَعْضَ مَنْ تَمْلِكُونَ مِنْ أَرِقَّائِكُمْ وَلَئِنْ عِشْتُ ، إِنْ شَاءَ اللَّهُ لَيَأْتِيَنَّ عَلَى كُلِّ مُسْلِمٍ حَقُّهُ ، أَوْ قَالَ : حَظُّهُ .
´It was narrated that Malik bin Aws bin Al-Hadathan said:` "Al-Abbas and Ali came to 'Umar with a dispute. Al-Abbas said: 'Pass judgment between him and I.' the people said: 'Pass judgment between them.' 'Umar said: 'I will not pass judgment between them. They know that the Messenger of Allah said: We are not inherited from, what we leave behind is charity. He said: And (in this narration of it) Az-Zuhri said: 'It (the Khumus) was under the control of the Messenger of Allah , and he took provision for himself and for his family from it, and disposed to the rest of it as he disposed of other wealth (belonging to the Muslims). Then Abu Bakr took control of it, then I took control of it after Abu Bakr, and I did with it what he sued to do. Then these two came to me and asked me to give it to them so that they could dispose of it as the Messenger of Allah disposed of it, and as Abu Bakr disposed of it, and as I disposed of it. So I gave it to them and I took promises from them that they would take proper care of it. Then they came to me and this one said. Give me my share from my brothers son: and this one said: Give me my share from my wife. If they want me to give it to them on the condition that they would dispose of it in the same manner as the Messenger of Allah did, and as Abu Bakr did, and as I did, I would give it to them, but if they refuse, then they do not have to worry about it.' Then he said: 'And know that whatever of spoils of war that you may gain, verily, one-fifth of it is assigned to Allah, and to the Messenger, and to the near relatives (of the Messenger (Muhammad), (and also) the orphans, Al-Masakin (the poor) and the wayfarer' (Al-Anfal 8:41) this if for them. 'As-Sadaqat (here it means Zakah) are only for the Fuqara (poor), and Al-Masakin (the poor) and those employed to collect (the funds); and to attract the hearts of those who have been inclined (toward Islam); and to free the captives; and for those in debt; and for Allah's cause (I.e. for Mujahidun - those fighting in a holy battle)' - this is for them. 'And what Allah gave as booty (Fay') to His Messenger (Muhammad) from them - for this you made no expeditin with either cavalry or camels.' Az-Zuhri said: This applies exclusively to the Messenger of Allah and refers to an 'Arab village called Fadak, and so on. What Allah gave as booty (Fay') to His Messenger (Muhammad) from the people of the townships - it is for Allah, His Messenger (Muhammad), the kindred (of Messenger Muhammad), the orphans, Al-Masakin (the poor), and the wayfarer (And there is also a share in this booty) for the poor emigrants, who were expelled from their homes and their property And (it is also for) those who, before them, had homes (in Al-Madinah) and had adopted the Faith And those who came after them. These is no one left among the Muslims but he has some rights to this wealth, except for some of the slaved whom you own. If I live, if Allah wills, I will give every Muslim his right." Or he said: "His share."
Explanation & Benefits
Hafiz Muhammad Ameen
(1) Hazrat Abbas and Hazrat Ali (radi Allahu anhuma) were not asking Hazrat Umar (radi Allahu anhu) for ownership of those lands, but rather for their administration. However, since there was no mutual agreement between them—their temperaments were different—they would often quarrel and dispute. Since their demand was that you (Umar) give us the administration, dividing it would create the impression (especially if divided according to the shares of inheritance) that perhaps it is their property, whereas this impression is not correct; therefore, I do not divide it. Both should jointly manage the administration. If they are unable to do so, then hand it over to me; I will manage it myself. The details of this are explicitly mentioned in Sahih Bukhari.
(2) “Would have been received as inheritance” means if inheritance had been applicable and shares had been distributed. This does not mean that now we should distribute it as inheritance.
(3) It has already been mentioned that, according to Hazrat Umar (radi Allahu anhu), the khums of Khaybar, the lands of Banu Nadir, Fadak, and the charity of the Prophet (sallallahu alayhi wa sallam), etc. (which the Ahl al-Bayt of the Messenger of Allah sallallahu alayhi wa sallam considered to be personal property and claimed their right as inheritance) were in fact the property of the Bayt al-Mal (public treasury), and in this, the Messenger of Allah (sallallahu alayhi wa sallam), the Ahl al-Bayt, the Muhajirun and Ansar, and indeed all (present and future) Muslims were considered to have a right—that is, whoever is needy and destitute, it will be given to him, whether he is from the Ahl al-Bayt or from other Muslims. To prove this, he (Umar) recited various verses and passages from the Noble Qur’an from which his claim is established. Certainly, in this matter, the opinion of Hazrat Umar (radi Allahu anhu) is more reliable than those who have made fixed shares in the khums, such that there can be no increase or decrease in their share, and have even made equality in distribution obligatory, as the views of Imam Nasa’i (rahimahullah) have been mentioned above. Hazrat Umar (radi Allahu anhu) is a rightly guided caliph, an experienced ruler, well aware of the subtleties of financial matters, and also thoroughly acquainted with the Shari‘ah. He is among the mujtahid companions, rather, he is their leader. The Messenger of Allah (sallallahu alayhi wa sallam) specifically commanded to follow him. His view is also very much in accordance with reason and principle. And Allah knows best.
(2) “Would have been received as inheritance” means if inheritance had been applicable and shares had been distributed. This does not mean that now we should distribute it as inheritance.
(3) It has already been mentioned that, according to Hazrat Umar (radi Allahu anhu), the khums of Khaybar, the lands of Banu Nadir, Fadak, and the charity of the Prophet (sallallahu alayhi wa sallam), etc. (which the Ahl al-Bayt of the Messenger of Allah sallallahu alayhi wa sallam considered to be personal property and claimed their right as inheritance) were in fact the property of the Bayt al-Mal (public treasury), and in this, the Messenger of Allah (sallallahu alayhi wa sallam), the Ahl al-Bayt, the Muhajirun and Ansar, and indeed all (present and future) Muslims were considered to have a right—that is, whoever is needy and destitute, it will be given to him, whether he is from the Ahl al-Bayt or from other Muslims. To prove this, he (Umar) recited various verses and passages from the Noble Qur’an from which his claim is established. Certainly, in this matter, the opinion of Hazrat Umar (radi Allahu anhu) is more reliable than those who have made fixed shares in the khums, such that there can be no increase or decrease in their share, and have even made equality in distribution obligatory, as the views of Imam Nasa’i (rahimahullah) have been mentioned above. Hazrat Umar (radi Allahu anhu) is a rightly guided caliph, an experienced ruler, well aware of the subtleties of financial matters, and also thoroughly acquainted with the Shari‘ah. He is among the mujtahid companions, rather, he is their leader. The Messenger of Allah (sallallahu alayhi wa sallam) specifically commanded to follow him. His view is also very much in accordance with reason and principle. And Allah knows best.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4153
