Aisha (may Allah be pleased with her) narrated: Hind bint Utbah said, "O Messenger of Allah, Abu Sufyan is a miserly man and does not give me what suffices for me and my child except what I take from him without his knowledge." He said, "Take what suffices for you and your child in a reasonable manner."
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Candidate: Sahih al-Bukhari 5364 (unverified) 99% confidence
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Commentary and footnotes (5)
Chapter-heading commentary
And accompany them in this world with kindness
(1) The statement: And accompany them in this world with kindness: This indicates that the maintenance of parents is obligatory on a man, as stated in Al-Hidayah.
And upon the heir is the like of that
(2) The statement: And upon the heir is the like of that: This refers to the distant relative, pointing to the beginning of the verse, which is Allah’s statement: And upon the father is their provision and clothing [Al-Baqarah: 233]. This indicates that maintenance is obligatory on the heir, restricted to a relative with a prohibited degree of kinship based on Ibn Mas’ud’s reading, and there is no doubt that his reading was heard from the Prophet (ﷺ) and is well-known, making it equivalent to a widely narrated report. As is known, it is permissible to restrict the generality of the Book with it. [Inayah and Binayah, excerpted from them]
It is stated in Al-Madarik: "And upon the heir" is connected to "And upon the father is their provision and clothing," and what is between them explains what is acceptable, meaning upon the heir of the child, in the absence of the father, is the like of what was upon his father during his lifetime in terms of provision and clothing. There is disagreement about this. According to Ibn Abi Layla, it applies to anyone who inherits him. In our view, it applies to a relative with a prohibited degree of kinship based on Ibn Mas’ud’s reading: "And upon the heir with a prohibited degree of kinship is the like of that." According to Ash-Shafi’i (may Allah be pleased with him), there is no maintenance except for lineage. [End quote]
In At-Tafsir Al-Ahmadiyyah, Fakhr Al-Islam said: The apparent meaning of this verse indicates that maintenance is obligatory beyond lineage, which is the maintenance of relatives, contrary to Ash-Shafi’i, as Allah’s statement: And upon the heir is the like of that [Al-Baqarah: 233] in its generality includes the brother, uncle, and others, encompassing them by its meaning, as “heir” is derived from inheritance, like “adulterer” or “thief.” It indicates that those other than the father bear maintenance according to the shares of inheritance, so maintenance is obligatory on the mother and grandfather in thirds, based on Allah’s statement: And upon the heir is the like of that [Al-Baqarah: 233], as it is a derived term, and the ruling must be based on its meaning. His point is that Allah’s statement: And upon the heir is the like of that [Al-Baqarah: 233] indicates generality, encompassing beyond lineage relatives, and indicates that maintenance is according to inheritance, containing two indications.
And give to the near relative his right
(3) The statement: And give to the near relative his right: The authors of Al-Kashshaf and Al-Madarik explicitly stated that Allah’s statement: So give to the near relative his right [Ar-Rum: 38] is evidence for the obligation of maintenance for relatives with prohibited degrees of kinship, as is our view. It was previously mentioned that according to Ash-Shafi’i, there is no maintenance except for lineage relatives, while in our view, maintenance is obligatory for every relative with a prohibited degree of kinship who is in need and unable to earn, upon every wealthy relative, according to the order of inheritance and agnates, as is known in fiqh. [At-Tafsir Al-Ahmadiyyah]
Note 1
poor
(1) The statement: Take what suffices for you and your child in a reasonable manner: This contains several benefits, including the obligation of maintenance for the wife. Ibn Al-Humam said: There are many Hadiths on this topic, and there is consensus among the Imams on it. Another benefit is the obligation of maintenance for poor minor children on their father. He said “poor” because if they are wealthy, their maintenance is from their wealth. [Taken from Sharh Al-Wiqayah]
Another benefit is that maintenance is measured by sufficiency. In detail: There is disagreement about whether a wife’s maintenance is fixed by Shariah or based on the condition of both spouses. Abu Hanifah, Malik, and Ahmad said: The condition of both spouses is considered, so a wealthy man must provide for a wealthy woman the maintenance of the wealthy, and for a poor woman the least sufficient maintenance. For a wealthy man with a poor woman, a moderate maintenance between the two, and for a poor man with a wealthy woman, the least sufficient, with the rest remaining a debt on him. Ash-Shafi’i said: It is fixed by Shariah, not subject to ijtihad, based solely on the husband’s condition: two mudd for a wealthy man, one and a half for a middle-class man, and one for a poor man. This Hadith is evidence against him. [Rahmat Al-Ummah and Nayl Al-Awtar, excerpted from them]
The consideration of both spouses’ conditions and adopting the middle ground when their conditions differ is our view, which might suggest it is agreed upon among our scholars or the core of our madhhab, but this is not so. It is a view chosen by Al-Khasaf and adopted by most scholars. As stated in Al-Walwaljiyyah: This is the correct view, and the fatwa is based on it. The core of our madhhab, as mentioned in the apparent narrations, is to consider the man’s condition alone, like Ash-Shafi’i’s view, but the texts and commentaries follow the first view. It is stated in Al-Bahr: They agreed on the obligation of maintenance for the wealthy if both are wealthy and for the poor if both are poor. The disagreement arises when one is wealthy and the other is poor. According to the apparent narration, the man’s condition is considered, so if he is wealthy and she is poor, he provides the maintenance of the wealthy, and vice versa, the maintenance of the poor. According to the fatwa, a middle maintenance is obligatory in both cases, above the poor’s maintenance and below the wealthy’s. Those who ruled by considering both conditions relied on Allah’s statement: Let a man of wealth spend from his wealth [At-Talaq: 7], and the Hadith of Abu Sufyan’s wife mentioned in the book, as the verse indicates considering the husband’s condition, and his statement: "Take what suffices for you and your child in a reasonable manner" indicates considering her condition, necessitating a combination of both, which is only achieved by considering both conditions. [Taken from Umdat Ar-Ri’ayah and Radd Al-Muhtar]
Another benefit is that if someone has a right over another and is unable to claim it, it is permissible to take from his wealth the amount of his right without his permission. The explanation is that if someone takes one hundred from you, you are not unjust in taking one hundred back, especially since Allah said: The recompense for an evil is an evil like it [Ash-Shura: 40]. They agreed that calling the recompense an evil is for linguistic harmony. Abu Hanifah and Ash-Shafi’i said: The disagreement is whether he takes his right from the same type or from another. The Imam said: He can only take from the same type, as taking from another requires assuming a sale, which he has no authority to do. His two companions said: He can take from both prices, as they are equivalent in ruling. Ash-Shafi’i said: He can take from another type, even real estate. Later jurists among us favored this narration due to the corruption of judges and their taking bribes in rulings. [Al-Kawkab Ad-Durri, summarized]
It is established in our principle that ruling against an absent party without an opponent is not permissible. His statement to Abu Sufyan’s wife was a fatwa, not a judicial ruling, as evidenced by the fact that he did not specify what she should take, and specifying maintenance is the judge’s role. If it is not specified, it is not a judicial ruling. In summary: Some used this to argue for the permissibility of ruling against an absent party, but this is not so, as this case was a fatwa, not a ruling, according to the most correct view. [Taken from Al-Bahr Ar-Ra’iq]
It is stated in Al-Marqah: This indicates that a man is obligated to provide maintenance for his parents and children, as if he is obligated for his child’s maintenance, then providing for his parent, with their greater sanctity, is even more obligatory.
Note 1
ف: واضح ہو کہ اس حدیث شریف میں رسول اللہ صلی اللہ علیہ وآلہ وسلم کا ارشاد ہے: خُذِي
مَا يَكْفِيكِ وَوَلَدَكِ بِالْمَعْرُوفِ۔ یعنی تم دستور کے مطابق (شوہر کی اجازت کے بغیر) اتنا مال لے سکتی
ہو جو تم کو اور تمہارے بچوں کیلئے کافی ہو۔
اس سے ثابت ہوتا ہے کہ شوہر پر بیوی کا نفقہ واجب ہے اور چھوٹے بچے جو محتاج ہوں ان کا نفقہ بھی باپ پر
واجب ہے۔ اور نفقہ واجب بقدر کفایت ہوگا اور اس میں میاں بیوی کی مالی حالت کا بھی اعتبار ہوگا۔
اس حدیث سے یہ بھی ثابت ہوتا ہے کہ اگر ایک شخص کا کسی دوسرے شخص پر حق ہو اور وہ شخص پہلے شخص کے حق
کو ادا نہیں کر سکتا ہے تو پہلا شخص دوسرے شخص کے مال سے اپنے حق کی مقدار کے حد تک اس کی اجازت کے بغیر لے
سکتا ہے۔ ماخوذ از عمدۃ الرعایہ اور ردالمحتار اور مرقات میں لکھا ہے کہ چونکہ والد پر بچوں کا نفقہ واجب ہے اس لئے
بچے جب بڑے ہو جائیں تو لڑکوں پر بھی والدین کا نفقہ واجب ہے اس لئے کہ باپ تعظیم کے اعتبار سے بچوں سے
افضل ہے۔12
Jabir ibn Samurah (may Allah be pleased with him) narrated: The Messenger of Allah (ﷺ) said: "When Allah gives one of you good, let him begin with himself and his household."
Amr ibn Shu’ayb narrated from his father, from his grandfather (may Allah be pleased with him), that a man came to the Prophet (ﷺ) and said: "I have wealth and children, and my father needs my wealth." He said: "You and your wealth belong to your father. Your children are from your best earnings, so eat from your children’s earnings."
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Candidate: Sunan Abi Dawud 3530 (unverified) 97% confidence
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Commentary and footnotes (2)
Note 1
I have wealth, and my father needs my wealth, etc.
(1) The statement: I have wealth, and my father needs my wealth, etc.: This Hadith indicates the obligation of maintenance for a parent on their child. In detail: Two conditions are considered for the obligation of maintenance for ascendants. First, the one for whom maintenance is obligatory must be poor, even if capable of earning, as if they have wealth, their maintenance is from their wealth, and maintenance for a wealthy person is not obligatory on anyone except a wealthy wife, whose maintenance is obligatory on her husband as compensation for her confinement. Maintenance for others is obligatory for kinship, and kinship is only obligatory in need, which is poverty. The basis is Allah’s statement: And accompany them in this world with kindness [Luqman: 15], meaning the parents, and all ascendants are included. It is not acceptable for an ascendant to die of hunger while living in Allah’s blessings. Second, the one upon whom maintenance is obligatory must be wealthy, as a poor person needs others, so how can maintenance for another be obligatory on him? Maintenance is not obligatory on a poor person except for a wife and minor child. [Umdat Ar-Ri’ayah]
Note 1
ف: اگر صاحب نفقہ یعنی لڑکا محتاج ہو اور باپ مالدار ہو تو اس بچہ پر باپ کا نفقہ واجب نہیں اس لیے کہ یہ خود
محتاج ہے البتہ شوہر تنگدست ہو اور بیوی مالدار ہو تو شوہر پر مالدار بیوی کا نفقہ شوہر کی استطاعت کے لحاظ سے واجب
ہے اس لئے کہ اس نے بیوی کو روک رکھا ہے اسی طرح چھوٹے بچوں کا نفقہ بھی ہر حالت میں باپ پر واجب ہے خواہ
باپ مالدار ہو یا تنگدست (از: عمدۃ الرعایہ۔12)
Tariq Al-Muharibi narrated: I arrived in Medina, and the Messenger of Allah (ﷺ) was standing on the pulpit addressing the people, saying: "The hand of the giver is the upper hand. Begin with those you support: your mother, your father, your sister, your brother, then the nearest, then the nearest."
Confidence and text similarity are not editorial verification.
Commentary and footnotes (3)
Note 1
Your mother and your father
(1) The statement: Your mother and your father: This indicates that the mother is more entitled to good companionship than the father and takes precedence over him in kindness when the son’s wealth is insufficient for both, as held by the majority, as narrated by Al-Qadi Iyad. He said: The majority held that the mother is preferred in kindness over the father, while some said they are equal, as narrated from Malik and some Shafi’is. Al-Harith Al-Muhasibi narrated consensus on preferring the mother over the father. [Nayl Al-Awtar]
Note 2
Your sister and your brother, then the nearest
(2) The statement: Your sister and your brother, then the nearest: This indicates the obligation of maintenance for every relative with a prohibited degree of kinship. It is stated in Sharh Al-Wiqayah: Maintenance for every minor relative with a prohibited degree of kinship who is poor, or an adult female who is poor, or a male who is disabled or blind, is according to inheritance, and he is compelled to provide it. The eligibility for inheritance is considered, not its actuality. This is because maintenance for these is obligatory due to Allah’s statement: And upon the heir is the like of that [Al-Baqarah: 233], so it should only be obligatory based on inheritance. He said: The consideration is eligibility for inheritance, not its actuality, as the actuality of inheritance is only known after death. If someone has a maternal uncle and a cousin, the cousin may die, and the inheritance goes to the uncle, so proximity with eligibility for inheritance is considered.
It is stated in Umdat Ar-Ri’ayah: The statement: Maintenance for every relative with a prohibited degree of kinship, etc., is connected to the statement: Maintenance for his ascendants, meaning upon a wealthy person with natural wealth is the maintenance of every relative with a prohibited degree of kinship, meaning a relative whose marriage is permanently forbidden. This specifies that maintenance is not obligatory for a non-prohibited relative, like a cousin, nor for a prohibited non-relative, like the wife’s mother or a foster brother. [Binayah]
It is stated in Rahmat Al-Ummah: They differed on whether the heir is compelled to provide maintenance for those he inherits by fixed shares or agnation. Abu Hanifah said: He is compelled to provide maintenance for every relative with a prohibited degree of kinship, including the maternal aunt and paternal aunt, but excluding the cousin and those related by fosterage. Malik said: Maintenance is only obligatory for the closest parents and direct children. Ash-Shafi’i said: Maintenance is obligatory for the father, however high, and the son, however low, and does not extend beyond the direct line. Ahmad said: For every two people between whom inheritance flows by fixed shares or agnation from both sides, maintenance is obligatory on the other, such as parents, siblings’ children, uncles, and their children in one narration. If inheritance flows from one side, like relatives with kinship, such as a nephew with his aunt or a cousin with his cousin’s daughter, there are two narrations from Ahmad.
Note 1
ف: نیل الاوطار میں لکھا ہے کہ بیٹا اپنی مالی حالت کے اعتبار سے ماں اور باپ دونوں پر ایک ساتھ خرچ نہیں
کر سکتا تو وہ ایسی صورت میں صرف ماں پر خرچ کرے اس لیے کہ ماں کو باپ پر فضیلت حاصل ہے اور اس پر جمہور کا
اتفاق ہے۔12
Abu Hurayrah (may Allah be pleased with him) narrated: The Messenger of Allah (ﷺ) said: "The slave has his food and clothing, and he is not to be tasked with work except what he can bear."
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Commentary and footnotes (1)
Note 1
The slave has his food and clothing
(1) The statement: The slave has his food and clothing: The Hadiths of this chapter indicate the obligation of maintenance and clothing for the slave, and there is consensus on this, as narrated by the author of Al-Bahr and others. Ibn Al-Humam said: There is consensus among scholars on this except for Ash-Sha’bi. It is stated in Umdat Ar-Ri’ayah: Maintenance for a slave, whether male, female, umm walad, or otherwise, includes the mudabbar and one assigned for service, as the intent is a slave of benefit, excluding the mukatab, as he owns his benefits, so there is no maintenance for him from the master during his kitaba. This includes young and old, those with a present father and those without, and a married slave woman unless she is settled in her husband’s home. As stated in Al-Fatawa: The slave’s maintenance is estimated as sufficient from the common food and condiments of the land, as is clothing, and it is not permissible to limit it to covering the private parts. It is recommended to equalize between male and female slaves, and to increase the clothing of a slave woman used for enjoyment due to custom.
Abu Dharr (may Allah be pleased with him) narrated: The Messenger of Allah (ﷺ) said: "Your brothers, Allah has placed them under your hands. Whoever Allah has placed his brother under his hand, let him feed him from what he eats, clothe him from what he wears, and not task him with work that overwhelms him. If he tasks him with what overwhelms him, let him assist him in it." [Agreed upon]
The group narrated from Abu Hurayrah (may Allah be pleased with him) that the Prophet (ﷺ) said: "When your servant brings your food, if you do not seat him with you, then hand him one or two morsels, or one or two bites, as he has handled its heat and preparation."
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Candidate: Sahih al-Bukhari 2545 (unverified) 98% confidence
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Commentary and footnotes (3)
Note 2
He is not to be tasked with work except what he can bear
(2) The statement: He is not to be tasked with work except what he can bear: This indicates the prohibition of tasking slaves with work beyond their capacity, and this is agreed upon. [Nayl Al-Awtar]
Note 3
Let him feed him from what he eats, etc.
(3) The statement: Let him feed him from what he eats, etc.: An-Nawawi said: The command to feed them from what the master eats and clothe them similarly is understood as recommended. The master is obligated to provide maintenance and clothing for the slave in a reasonable manner according to the customs of the land and individuals, whether it is of the same type as the master’s maintenance and clothing, lesser, or greater. If the master restricts his own maintenance, whether out of asceticism or miserliness, beyond the custom of his peers, it is not permissible to restrict the slave similarly or compel him to conform unless he agrees. Ibn Al-Humam said: The intent is the type of what they eat and wear, not the exact same, so if he wears fine linen or cotton, it suffices to clothe him with ordinary linen or cotton, unlike clothing him with rags. It is not inherited from the companions that they clothed them exactly the same except in rare cases. [Al-Marqah]
It is stated in At-Tawdih: Equalizing in food and clothing is recommended, as agreed by scholars. If the master eats superior food and wears fine clothing, he is not obligated to equalize his slave in it. Ash-Shawkani said regarding the Hadith of one or two morsels: This indicates that it is not obligatory to feed the slave from the same type as the master eats, but he should hand him enough to fill his mouth for the stated reason, which is handling its heat and preparation, and give him what suffices from any food he prefers according to custom, as previously established by consensus, though sharing is preferable.
Note 1
ف: اس حدیث شریف سے معلوم ہوتا ہے کہ خدمت گار کھانا پکانے والے کو کچھ تھوڑا کھانا دینا ضروری ہے
اس لیے کہ یہ بات مروت سے بعید ہے کہ وہ کھانا پکانے میں مشقت اٹھاوے اور اس میں سے وہ کچھ بھی نہ
کھاوے۔12
Abu Dharr (may Allah be pleased with him) narrated: The Messenger of Allah (ﷺ) said: "Whoever among your slaves suits you, feed him from what you eat and clothe him from what you wear. Whoever does not suit you, sell him, and do not torture Allah’s creation."
Abu Bakr As-Siddiq (may Allah be pleased with him) narrated: The Messenger of Allah (ﷺ) said: "The one with poor treatment of slaves will not enter Paradise." They said, "O Messenger of Allah, did you not inform us that this nation has the most slaves and orphans?" He said, "Yes, so honor them as you honor your children and feed them from what you eat." They said, "What benefits us in this world?" He said, "A horse you keep ready to fight in the way of Allah and your slave who suffices you. When he prays, he is your brother."
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Commentary and footnotes (1)
Note 1
ف: واضح ہو کہ اس حدیث شریف میں ارشاد ہے کہ غلاموں سے برا سلوک کرنیوالا جنت میں داخل نہیں
ہوگا۔ اس کی توجیہ یہ کہ ایسا شخص ابتداءً میں داخل جنت نہیں ہوگا البتہ سزا اس کو بھگتنے کے بعد اللہ تعالیٰ چاہیں تو وہ جنت
میں داخل ہوگا۔12
Rafi’ ibn Makith (may Allah be pleased with him) narrated that the Prophet (ﷺ) said: "Good treatment of slaves is a blessing, and poor character is misfortune."
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Commentary and footnotes (1)
Note 1
ف: واضح ہو کہ انسان کو موت دو طرح سے آتی ہے۔ ایک بھلی موت، دوسرے بُری۔ بھلی موت یہ ہے کہ
انسان ہشاش بشاش ذکر الٰہی میں دنیا سے رخصت ہوتا ہے۔ اور بُری موت یہ ہے کہ انسان بے صبری اور غفلت سے
مرتا ہے دفعتاً موت بھی اس لئے بری ہے کہ توبہ یا وصیت بھی نہیں کرسکتا۔ اللہ تعالیٰ! ہم کو بری موت سے بچائے
آمین۔ (ماخوذ از اشعۃ اللمعات12)۔
Jabir (may Allah be pleased with him) narrated that the Prophet (ﷺ) said: "Three qualities, whoever has them, Allah will ease his death and admit him to His Paradise: kindness to the weak, compassion for parents, and goodness to slaves."
Umm Salamah (may Allah be pleased with her) narrated that the Prophet (ﷺ) said during his illness: "The prayer and those whom your right hands possess."
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Commentary and footnotes (1)
Note 1
ف: واضح ہو کہ اس حدیث شریف میں رسول اللہ صلی اللہ علیہ وآلہ وسلم نے اپنی آخری وصیت میں دو باتوں کی
بطور خاص تاکید فرمائی ایک نمازوں کی پابندی اور دوسرے غلاموں کے ساتھ حسن سلوک اس سے آپ کی غرض یہ تھی کہ
لونڈی غلام پر ظلم نہ کریں طاقت سے زیادہ ان سے کام نہ لیں کھانے، پینے اور پہننے میں ان کو تکلیف نہ دیں۔ مختصر یہ
کہ اسلام میں لونڈی غلاموں کے ساتھ جس برتاؤ کی تاکید کی گئی ہے اس زمانہ میں لوگ اپنے نوکروں اور دوستوں سے
بھی نہیں کرتے۔ جو لوگ غلامی کی وجہ سے اسلام پر طعن کرتے ہیں وہ غلامی کی حقیقت سے بے خبر ہیں، حقیقت میں
لونڈی غلاموں کو اپنی فرزندی میں لینا ہے اور اپنی اولاد کی طرح ایک لاوارث شخص کی پرورش کرنا ہے اس میں عقل کے
اعتبار سے بھی کیا قباحت ہے۔ قیدیوں کے گزارے کے لئے اس سے بہتر کوئی اور صورت سمجھ میں نہیں آسکتی ہاں جو ان
لوگوں سے وحشیانہ برتاؤ کریں ان پر طعن کرنا بجا ہے مگر اسلام پر طعن کرنا درست نہیں حضور صلی اللہ علیہ وآلہ وسلم کا اپنی
زندگی کے آخری لمحات میں لونڈی غلاموں سے نیک سلوک کرنے کی تاکید فرماتے رہنا یہاں تک کہ زبان مبارک بے
قابو ہوگئی، یہ حضور کی کمزوروں پر کتنی بڑی شفقت تھی۔ صلی اللہ علیہ وآلہ وسلم۔12
Abdullah ibn Amr (may Allah be pleased with him) narrated: His steward came to him, and he said, "Have you given the slaves their sustenance?" He said, "No." He said, "Go and give it to them, for the Messenger of Allah (ﷺ) said: 'It is sufficient sin for a man to withhold sustenance from those he possesses.'" In another narration: "It is sufficient sin for a man to neglect those he sustains."
Abu Hurayrah (may Allah be pleased with him) narrated: I heard Abu Al-Qasim (ﷺ) say: "Whoever slanders his slave while he is innocent of what he said will be flogged on the Day of Resurrection unless it is as he said."
Possible references (unverified, pending editorial review)
Candidate: Sahih al-Bukhari 6858 (unverified) 98% confidence
Candidate: Sahih Muslim 1660a (unverified) 96% confidence
Confidence and text similarity are not editorial verification.
Commentary and footnotes (3)
Note 1
Narrated by Abu Dawud
(1) The statement: Narrated by Abu Dawud: After this, the author of Al-Mishkat said: I did not find in sources other than Al-Masabih what was added to it, namely: And charity prevents a bad death, and righteousness increases lifespan. The objection of Al-Mishkat’s author to Al-Masabih’s author is incorrect, as he said it can be understood from Shaykh Al-Jazari’s words that the Hadith, as in Al-Masabih, was narrated by Ahmad in its entirety. Thus, it is stated in this book: And Ahmad added, etc. [Taken from Al-Marqah]
Note 2
Will be flogged on the Day of Resurrection
(2) The statement: Will be flogged on the Day of Resurrection: This indicates that there is no hadd punishment on the master for slandering his slave, nor on anyone slandering a slave, as a slave is not considered muhsan, so the slanderer is excused, even if he is the master. [Al-Luma’at]
These Hadiths urge kindness to slaves and good companionship with them. Muslims have agreed that freeing them for this is not obligatory but recommended, and it serves as expiation for the sin and removes the guilt of wronging them.
Note 1
ف: لمعات میں الاشباہ والنظائر کے حوالے سے لکھا ہے کہ غلام کو مالک یا مالک کے سوا کوئی اور زنا کی تہمت
لگائے تو تہمت لگانے والے پر حد جاری نہیں ہوگی بلکہ صرف تعزیر ہوگی یعنی حاکم حالات کے لحاظ سے چند کوڑے
یا سزا تجویز کرے گا۔12
Ibn Umar (may Allah be pleased with him) narrated: I heard the Messenger of Allah (ﷺ) say: "Whoever strikes his slave for a hadd he did not commit or slaps him, his expiation is to free him."
Abu Mas’ud Al-Ansari (may Allah be pleased with him) narrated: I was striking my slave when I heard a voice from behind me: "Know, Abu Mas’ud, Allah has more power over you than you have over him." I turned, and it was the Messenger of Allah (ﷺ). I said, "O Messenger of Allah, he is free for the sake of Allah." He said, "Had you not done so, the Fire would have scorched you or touched you."
Abu Hurayrah (may Allah be pleased with him) narrated that the Messenger of Allah (ﷺ) said: "Shall I not inform you of the worst among you? The one who eats alone, strikes his slave, and withholds from his guest."
Abu Sa’id (may Allah be pleased with him) narrated: The Messenger of Allah (ﷺ) said: "When one of you strikes his servant and he mentions Allah, raise your hands."
Abu Umamah (may Allah be pleased with him) narrated that the Messenger of Allah (ﷺ) gifted Ali (may Allah be pleased with him) a slave and said: "Do not strike him, for I have been forbidden from striking those who pray, and I saw him praying." This is the wording of Al-Masabih. In Al-Mujtaba by Ad-Daraqutni, Umar ibn Al-Khattab (may Allah be pleased with him) said: The Messenger of Allah (ﷺ) forbade us from striking those who pray.
Abdullah ibn Umar (may Allah be pleased with him) narrated: A man came to the Prophet (ﷺ) and said, "O Messenger of Allah, how many times should we forgive a servant?" He remained silent. The man repeated the question, and he remained silent. On the third time, he said: "Forgive him seventy times every day."
Abu Ayyub (may Allah be pleased with him) narrated: I heard the Messenger of Allah (ﷺ) say: "Whoever separates a mother from her child, Allah will separate him from his loved ones on the Day of Resurrection." [Narrated by At-Tirmidhi and Ad-Darimi]
At-Tirmidhi and Ibn Majah narrated from Ali (may Allah be pleased with him) that he said: The Messenger of Allah (ﷺ) gifted me two brother slaves, and I sold one of them. The Messenger of Allah (ﷺ) said to me, "O Ali, what did you do with your slave?" I informed him, and he said, "Return him, return him."
In a narration by Abu Dawud, disconnected, from him: He separated a slave woman from her child, and the Prophet (ﷺ) forbade him from doing so and annulled the sale.
Ibn Majah and Ad-Daraqutni narrated from Abu Musa (may Allah be pleased with him) that the Messenger of Allah (ﷺ) cursed whoever separates a parent from their child or a brother from his brother.
In a narration by Ibn Majah from Abdullah ibn Mas’ud (may Allah be pleased with him), he said: When captives were brought to the Prophet (ﷺ), he would give the entire household together, disliking separating them.
Al-Bazzar narrated in his Musnad and Ibn Khuzaymah in his Sahih from Abdullah ibn Buraydah, from his father (may Allah be pleased with him), that Al-Muqawqas Al-Qibti gifted the Messenger of Allah (ﷺ) two slave women and a mule he rode. As for one of the slave women, he took her as a concubine, and she bore him Ibrahim; she was Mariyah, the mother of Ibrahim. The other, he gifted to Hassan ibn Thabit, and she was the mother of Abdur-Rahman ibn Hassan.
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Candidate: Jami al-Tirmidhi 1566 (unverified) 97% confidence
Candidate: Jami al-Tirmidhi 1567 (unverified) 90% confidence
Candidate: Sunan Abi Dawud 2696 (unverified) 87% confidence
Candidate: Sunan Ibn Majah 2249 (unverified) 85% confidence
Confidence and text similarity are not editorial verification.
Commentary and footnotes (3)
Note 1
Whoever separates a mother from her child, etc.
(1) The statement: Whoever separates a mother from her child, etc.: It is stated in Fath Al-Qadir: This prohibition is tied to kinship with a prohibited degree for marriage, so it does not include a prohibited non-relative, like one related by fosterage or the father’s wife, nor a non-prohibited relative, like a cousin, nor spouses, as separating them is permissible, as it is contrary to analogy and restricted to its context, which is prohibited kinship, as in a mother and her child or siblings. If it is said: If so, separating an uncle from his niece or an aunt from her sister’s daughter should not be prohibited, as the text only mentions the mother and siblings. The response is: Prohibited kinship establishes a meaning by indication, which is the implied agreement in Shafi’i terminology, as the mother’s specificity is not considered, since the father is similar, so kinship by lineage is understood. Then the text of siblings came, clarifying that it is not restricted to lineage but extends to prohibited kinship, so it applies to the uncle and aunt by indication. The scholars hold that priority is not required for indication and implied agreement.
It is stated in Al-Hidayah: Whoever owns two minor slaves, one of whom is a relative with a prohibited degree of kinship to the other, should not separate them, and the same applies if one is an adult. Ibn Al-Humam said: There remain eight issues where separation is permissible despite prohibited kinship, including the three mentioned by the author of Al-Hidayah, such as when separation is more rightful. Both must be in his ownership, as the text is contrary to analogy and restricted to its context, so if one minor belongs to him and the other to someone else, there is no issue with selling one, as ownership differs. [End quote, excerpted]
The separation refers to separation by sale, gift, division of inheritance, spoils, or bequest. They differed on the age limit permitting separation. Ash-Shafi’i said: It is seven or eight years. Abu Hanifah’s companions said: Until puberty. [Taken from Al-Marqah]
If he separates, it is disliked, but the contract is valid. There is disagreement about the validity of the sale. Ash-Shafi’i said: It is not valid. Abu Hanifah, and a view of Ash-Shafi’i, said: It is valid but disliked, and the dislike is prohibitive, as the command in "Return him, return him" indicates obligation, so the sale is prohibitively disliked. The sale’s components were fulfilled by competent parties in its subject, and the dislike is due to an adjacent factor, similar to the dislike of usury. In detail, as stated by Allamah Nuh in the marginal notes of Ad-Durar. There are two narrations from Abu Yusuf: one that the sale is not permissible for lineage kinship but permissible for other kinship, which is the most correct in Ash-Shafi’i’s madhhab; and another that it is not permissible for any, whether lineage or other kinship. If both are adults or spouses, there is no issue with separating them, as the text is contrary to analogy, so others are not included by indication. It is authentic that Al-Muqawqas Al-Qibti gifted him Mariyah and Sirin, who were sisters, and he separated them, taking Mariyah as a concubine and giving the other to Hassan. [Fath Al-Qadir, Fath Al-Mu’in, Sharh Al-Kanz by Al-Ayni, Nayl Al-Awtar, and Radd Al-Muhtar, excerpted from them]
Note 2
Between a brother and his brother
(2) The statement: Between a brother and his brother: This explicitly indicates that separation is not restricted to lineage but includes every relative with a prohibited degree of kinship, as is our view. [Al-Marqah]
Note 3
The entire household
(3) The statement: The entire household: This is the second object, with the first omitted, meaning he gave one of us the household from the captives together and did not separate them. [Al-Luma’at]
Abdullah ibn Umar (may Allah be pleased with him) narrated: The Messenger of Allah (ﷺ) said: "When a slave is sincere to his master and worships Allah well, he has his reward twice."
Abu Hurayrah (may Allah be pleased with him) narrated: The Messenger of Allah (ﷺ) said: "How excellent it is for a slave that Allah takes his soul while he worships his Lord well and obeys his master. How excellent it is for him."
Jarir (may Allah be pleased with him) narrated: The Messenger of Allah (ﷺ) said: "When a slave flees, his prayer is not accepted." In another narration from him: "Any slave who flees has absolved himself of the covenant." In another narration from him: "Any slave who flees from his masters has disbelieved until he returns to them."
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Candidate: Sahih Muslim 70 (unverified) 98% confidence
Candidate: Sahih Muslim 68 (unverified) 97% confidence
Candidate: Sahih Muslim 69 (unverified) 96% confidence
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Commentary and footnotes (1)
Note 1
He has disbelieved.
(1) The statement: Has absolved himself of the covenant: This refers to the covenant of Islam and its pledge, which is a stern warning, as is his statement: "He has disbelieved." It is said this applies if he flees to the land of war or joins them or deems fleeing permissible. [Summarized from Al-Luma’at]
Sahl ibn Al-Hanzaliyyah narrated: The Messenger of Allah (ﷺ) passed by a camel whose back had reached its belly and said: "Fear Allah regarding these mute animals. Ride them in good condition and leave them in good condition."
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Candidate: Sunan Abi Dawud 2548 (unverified) 98% confidence
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Commentary and footnotes (1)
Note 2
The Messenger of Allah (ﷺ) passed by a camel whose back had reached its belly, etc.
(2) The statement: The Messenger of Allah (ﷺ) passed by a camel whose back had reached its belly, etc.: The master must provide maintenance for his slave and slave woman. If he refrains, and they have earnings, they earn and spend. If they have no earnings, such as a disabled slave or a slave woman not typically hired, the master is compelled to sell them, as they are entitled to maintenance. Selling fulfills their right and preserves the master’s right through compensation, unlike a wife’s maintenance. The difference between a wife’s maintenance and a slave’s is that if the master refrains from providing maintenance and they have no earnings, he is compelled to sell the slave. If a husband is unable to provide maintenance for his wife, he is not compelled to divorce, as compelling the sale transfers the master’s ownership to compensation, the price, while not doing so forfeits the slave’s right to maintenance without compensation, as a slave’s maintenance never becomes a debt on the master. In marriage, compelling separation forfeits the husband’s ownership without compensation, while not doing so forfeits the wife’s right temporarily, as her maintenance becomes a debt on the husband by the judge’s ruling, making it a delay. A slave’s maintenance does not become a debt, so it is a forfeiture. Unlike other animals, as they are not entitled to maintenance, so he is not compelled to provide for them, but he is commanded to do so in his relationship with Allah, as he forbade torturing animals, and this involves it, and it involves wasting wealth, and this involves it.
In summary: A person is not compelled to spend on his property except for slaves. For animals, the fatwa is to spend on them in his relationship with Allah. For non-animals, like houses, real estate, and crops, there is no fatwa to spend, but if it involves wasting wealth, refraining from spending is disliked.
The author of Al-Hidayah mentioned that he forbade torturing animals, as in Abu Dawud’s narration: "Do not torture Allah’s creation," and forbade wasting wealth, as in the Sahihayn that he forbade wasting wealth and excessive asking. Abu Yusuf said he is compelled to provide maintenance for animals, which is Ash-Shafi’i’s view, and they analogized to slaves. The most correct view is what we said, non-compulsion, as compelling the master to provide for his property is a form of judicial ruling requiring an entitled recipient, which exists in slaves, as they are entitled to rights against the master and others generally. A slave with kitaba has rights against the master, even though enslaved. Non-slaves have no rights against the master, so they cannot be the subject of a ruling, making the condition for a ruling absent, thus the ruling is absent. This Hadith does not indicate compulsion, and previous evidence negates it according to our madhhab. [Fath Al-Qadir, Al-Inayah, and Al-Marqah, excerpted from them]
It is stated in Ad-Durr Al-Mukhtar and Radd Al-Muhtar: He is commanded, either to sell or provide maintenance for his animals, religiously, not judicially, according to the apparent madhhab, due to the prohibition of torturing animals and wasting wealth. In the second view, he is compelled, preferred by At-Tahawi and Al-Kamal, who said: The truth is with the majority, as endorsed in Al-Bahr, An-Nahr, and Al-Minh. The three Imams said so, and he is not compelled for non-animals, like houses, real estate, and crops, though wasting wealth is disliked unless he has a partner, in which case he is compelled if division is not possible, like a riverbank, canal repair, well, waterwheel, defective ship, or wall, unless it can be divided from its foundation, and each builds a barrier on his share.
Amr ibn Shu’ayb narrated from his father, from his grandfather (may Allah be pleased with him), that a man came to the Prophet (ﷺ) and said: "I am poor, I have nothing, and I have an orphan." He said: "Eat from your orphan’s wealth without extravagance, haste, or accumulating wealth." [Narrated by Abu Dawud, An-Nasa’i, and Ibn Majah]
Al-Bayhaqi narrated from Ibn Jubayr that he said: The guardian of an orphan, if wealthy, should refrain and not eat, but if poor, he takes from the surplus milk and takes for sustenance without exceeding it, and what covers his private parts. If he becomes wealthy, he repays, and if he remains poor, he is absolved. Muhammad said in Al-Muwatta: Refraining from his wealth is preferable in our view, which is the view of Abu Hanifah and most of our jurists.
Confidence and text similarity are not editorial verification.
Commentary and footnotes (2)
Note 1
Refraining from his wealth is preferable
(1) The statement: Refraining from his wealth is preferable: Meaning abstaining from his wealth, even by borrowing, if not needed, is better than otherwise. If needed, it is permissible. [At-Ta’liq Al-Mumajjad]
It is stated in Al-Hidayah: This is because confinement is a cause of maintenance, as with a trustee. Elsewhere, it is said: Maintenance is compensation for confinement, and whoever is confined for another’s intended right, their maintenance is upon him, the basis being the judge and the charity worker in charities.
Note 1
اور امام محمد رحمہ اللہ نے موطأ میں کہا ہے کہ یتیم کے مال سے رکنا ہمارے پاس افضل ہے
اور امام ابوحنیفہ رحمہ اللہ علیہ اور اکثر فقہاء حنفیہ کا یہی قول ہے۔
Ibn Abbas (may Allah be pleased with him) narrated: When the words of Allah, the Exalted, were revealed: And do not approach the orphan’s property except in a way that is best [Al-An‘am: 152], and His words: Indeed, those who devour the property of orphans unjustly [An-Nisa: 10], whoever had an orphan with them separated their food from the orphan’s food and their drink from the orphan’s drink. If anything remained of the orphan’s food or drink, it was kept for them until they consumed it or it spoiled. This became difficult for them, so they mentioned it to the Messenger of Allah (ﷺ). Then Allah, the Exalted, revealed: They ask you about orphans. Say, “Improvement for them is best. And if you mix your affairs with theirs, they are your brothers” [Al-Baqarah: 220]. So they mixed their food with the orphans’ food and their drink with the orphans’ drink.
Commentary and footnotes (5)
Chapter-heading commentary
(1) The statement: And accompany them in this world with kindness: This indicates that the maintenance of parents is obligatory on a man, as stated in Al-Hidayah.
(2) The statement: And upon the heir is the like of that: This refers to the distant relative, pointing to the beginning of the verse, which is Allah’s statement: And upon the father is their provision and clothing [Al-Baqarah: 233]. This indicates that maintenance is obligatory on the heir, restricted to a relative with a prohibited degree of kinship based on Ibn Mas’ud’s reading, and there is no doubt that his reading was heard from the Prophet (ﷺ) and is well-known, making it equivalent to a widely narrated report. As is known, it is permissible to restrict the generality of the Book with it. [Inayah and Binayah, excerpted from them] It is stated in Al-Madarik: "And upon the heir" is connected to "And upon the father is their provision and clothing," and what is between them explains what is acceptable, meaning upon the heir of the child, in the absence of the father, is the like of what was upon his father during his lifetime in terms of provision and clothing. There is disagreement about this. According to Ibn Abi Layla, it applies to anyone who inherits him. In our view, it applies to a relative with a prohibited degree of kinship based on Ibn Mas’ud’s reading: "And upon the heir with a prohibited degree of kinship is the like of that." According to Ash-Shafi’i (may Allah be pleased with him), there is no maintenance except for lineage. [End quote] In At-Tafsir Al-Ahmadiyyah, Fakhr Al-Islam said: The apparent meaning of this verse indicates that maintenance is obligatory beyond lineage, which is the maintenance of relatives, contrary to Ash-Shafi’i, as Allah’s statement: And upon the heir is the like of that [Al-Baqarah: 233] in its generality includes the brother, uncle, and others, encompassing them by its meaning, as “heir” is derived from inheritance, like “adulterer” or “thief.” It indicates that those other than the father bear maintenance according to the shares of inheritance, so maintenance is obligatory on the mother and grandfather in thirds, based on Allah’s statement: And upon the heir is the like of that [Al-Baqarah: 233], as it is a derived term, and the ruling must be based on its meaning. His point is that Allah’s statement: And upon the heir is the like of that [Al-Baqarah: 233] indicates generality, encompassing beyond lineage relatives, and indicates that maintenance is according to inheritance, containing two indications.
(3) The statement: And give to the near relative his right: The authors of Al-Kashshaf and Al-Madarik explicitly stated that Allah’s statement: So give to the near relative his right [Ar-Rum: 38] is evidence for the obligation of maintenance for relatives with prohibited degrees of kinship, as is our view. It was previously mentioned that according to Ash-Shafi’i, there is no maintenance except for lineage relatives, while in our view, maintenance is obligatory for every relative with a prohibited degree of kinship who is in need and unable to earn, upon every wealthy relative, according to the order of inheritance and agnates, as is known in fiqh. [At-Tafsir Al-Ahmadiyyah]
Note 1
(1) The statement: Take what suffices for you and your child in a reasonable manner: This contains several benefits, including the obligation of maintenance for the wife. Ibn Al-Humam said: There are many Hadiths on this topic, and there is consensus among the Imams on it. Another benefit is the obligation of maintenance for poor minor children on their father. He said “poor” because if they are wealthy, their maintenance is from their wealth. [Taken from Sharh Al-Wiqayah] Another benefit is that maintenance is measured by sufficiency. In detail: There is disagreement about whether a wife’s maintenance is fixed by Shariah or based on the condition of both spouses. Abu Hanifah, Malik, and Ahmad said: The condition of both spouses is considered, so a wealthy man must provide for a wealthy woman the maintenance of the wealthy, and for a poor woman the least sufficient maintenance. For a wealthy man with a poor woman, a moderate maintenance between the two, and for a poor man with a wealthy woman, the least sufficient, with the rest remaining a debt on him. Ash-Shafi’i said: It is fixed by Shariah, not subject to ijtihad, based solely on the husband’s condition: two mudd for a wealthy man, one and a half for a middle-class man, and one for a poor man. This Hadith is evidence against him. [Rahmat Al-Ummah and Nayl Al-Awtar, excerpted from them] The consideration of both spouses’ conditions and adopting the middle ground when their conditions differ is our view, which might suggest it is agreed upon among our scholars or the core of our madhhab, but this is not so. It is a view chosen by Al-Khasaf and adopted by most scholars. As stated in Al-Walwaljiyyah: This is the correct view, and the fatwa is based on it. The core of our madhhab, as mentioned in the apparent narrations, is to consider the man’s condition alone, like Ash-Shafi’i’s view, but the texts and commentaries follow the first view. It is stated in Al-Bahr: They agreed on the obligation of maintenance for the wealthy if both are wealthy and for the poor if both are poor. The disagreement arises when one is wealthy and the other is poor. According to the apparent narration, the man’s condition is considered, so if he is wealthy and she is poor, he provides the maintenance of the wealthy, and vice versa, the maintenance of the poor. According to the fatwa, a middle maintenance is obligatory in both cases, above the poor’s maintenance and below the wealthy’s. Those who ruled by considering both conditions relied on Allah’s statement: Let a man of wealth spend from his wealth [At-Talaq: 7], and the Hadith of Abu Sufyan’s wife mentioned in the book, as the verse indicates considering the husband’s condition, and his statement: "Take what suffices for you and your child in a reasonable manner" indicates considering her condition, necessitating a combination of both, which is only achieved by considering both conditions. [Taken from Umdat Ar-Ri’ayah and Radd Al-Muhtar] Another benefit is that if someone has a right over another and is unable to claim it, it is permissible to take from his wealth the amount of his right without his permission. The explanation is that if someone takes one hundred from you, you are not unjust in taking one hundred back, especially since Allah said: The recompense for an evil is an evil like it [Ash-Shura: 40]. They agreed that calling the recompense an evil is for linguistic harmony. Abu Hanifah and Ash-Shafi’i said: The disagreement is whether he takes his right from the same type or from another. The Imam said: He can only take from the same type, as taking from another requires assuming a sale, which he has no authority to do. His two companions said: He can take from both prices, as they are equivalent in ruling. Ash-Shafi’i said: He can take from another type, even real estate. Later jurists among us favored this narration due to the corruption of judges and their taking bribes in rulings. [Al-Kawkab Ad-Durri, summarized] It is established in our principle that ruling against an absent party without an opponent is not permissible. His statement to Abu Sufyan’s wife was a fatwa, not a judicial ruling, as evidenced by the fact that he did not specify what she should take, and specifying maintenance is the judge’s role. If it is not specified, it is not a judicial ruling. In summary: Some used this to argue for the permissibility of ruling against an absent party, but this is not so, as this case was a fatwa, not a ruling, according to the most correct view. [Taken from Al-Bahr Ar-Ra’iq] It is stated in Al-Marqah: This indicates that a man is obligated to provide maintenance for his parents and children, as if he is obligated for his child’s maintenance, then providing for his parent, with their greater sanctity, is even more obligatory.
Note 1
ف: واضح ہو کہ اس حدیث شریف میں رسول اللہ صلی اللہ علیہ وآلہ وسلم کا ارشاد ہے: خُذِي مَا يَكْفِيكِ وَوَلَدَكِ بِالْمَعْرُوفِ۔ یعنی تم دستور کے مطابق (شوہر کی اجازت کے بغیر) اتنا مال لے سکتی ہو جو تم کو اور تمہارے بچوں کیلئے کافی ہو۔ اس سے ثابت ہوتا ہے کہ شوہر پر بیوی کا نفقہ واجب ہے اور چھوٹے بچے جو محتاج ہوں ان کا نفقہ بھی باپ پر واجب ہے۔ اور نفقہ واجب بقدر کفایت ہوگا اور اس میں میاں بیوی کی مالی حالت کا بھی اعتبار ہوگا۔ اس حدیث سے یہ بھی ثابت ہوتا ہے کہ اگر ایک شخص کا کسی دوسرے شخص پر حق ہو اور وہ شخص پہلے شخص کے حق کو ادا نہیں کر سکتا ہے تو پہلا شخص دوسرے شخص کے مال سے اپنے حق کی مقدار کے حد تک اس کی اجازت کے بغیر لے سکتا ہے۔ ماخوذ از عمدۃ الرعایہ اور ردالمحتار اور مرقات میں لکھا ہے کہ چونکہ والد پر بچوں کا نفقہ واجب ہے اس لئے بچے جب بڑے ہو جائیں تو لڑکوں پر بھی والدین کا نفقہ واجب ہے اس لئے کہ باپ تعظیم کے اعتبار سے بچوں سے افضل ہے۔12