Kafalah

Abu al-Zinad reported from Muhammad ibn Hamza ibn Amr al-Aslami, from his father, that Umar sent him as a zakat collector. A man had intercourse with his wife’s enslaved woman, so Hamza took a guarantor from the man until he came before Umar. Umar had flogged him one hundred lashes; he accepted their account and excused him on the basis of ignorance. Jarir and al-Ashath said to Abdullah ibn Masud regarding the apostates, “Ask them to repent and take guarantors for them.” They repented, and their clans stood as guarantors for them. Hammad said, “If someone guarantees a person and that person dies, there is nothing due from the guarantor.” Al-Hakam said, “He is liable.”

Abu Abd Allah said: Al-Layth narrated to me, from Jafar ibn Rabia, from Abd al-Rahman ibn Hurmuz, from Abu Huraira, from the Messenger of Allah (ﷺ), that he mentioned a man from among the Children of Israel who asked another man from among the Children of Israel to lend him one thousand dinars. The lender said, “Bring witnesses whom I can call to witness.” He replied, “Allah is sufficient as a witness.” The lender said, “Then bring me a guarantor.” He replied, “Allah is sufficient as a guarantor.” The lender said, “You have spoken truly,” and gave him the money for a specified term. The borrower traveled by sea and completed his business. Then he looked for a vessel to take him to the lender by the agreed due date, but could find none. He took a piece of wood, hollowed it out, put inside it one thousand dinars and a letter to his lender, and sealed the opening. Then he brought it to the sea and said, “O Allah, You know that I borrowed one thousand dinars from so-and-so. He asked me for a guarantor, and I said, ‘Allah is sufficient as a guarantor,’ and he accepted You. He asked me for a witness, and I said, ‘Allah is sufficient as a witness,’ and he accepted You. I tried hard to find a vessel to send him what is due to him, but I could not. I entrust it to You.” He cast the wood into the sea until it went out into it, then departed, still looking for a vessel to take him to his own land. The lender went out, hoping that a vessel had arrived with his money, and found the piece of wood containing the money. He took it home for firewood. When he split it open, he found the money and the letter inside. Then the borrower arrived, bringing one thousand dinars, and said, “By Allah, I kept trying to find a vessel to bring you your money, but I found no vessel before the one I came on.” The lender asked, “Had you sent me anything?” He replied, “I told you I found no vessel before the one I came on.” The lender said, “Allah has delivered on your behalf what you sent in the piece of wood. Go back with your one thousand dinars, rightly guided.”

Narrated Said ibn Jubayr: Ibn Abbas explained the verse, “For each We have appointed heirs,” saying, “Heirs.” Regarding “those with whom your oaths have made a pact,” he said: When the Emigrants came to Medina, an Emigrant would inherit from an Ansari, to the exclusion of the Ansari’s blood relatives, because of the bond of brotherhood that the Prophet (ﷺ) established between them. When “For each We have appointed heirs” was revealed, it abrogated that inheritance. He then said concerning “those with whom your oaths have made a pact”: mutual support, assistance, and sincere counsel remained, while inheritance had ended; one may make a bequest to such a person.

Narrated Anas: Abd al-Rahman ibn Awf came to us, and the Messenger of Allah (ﷺ) established a bond of brotherhood between him and Sad ibn al-Rabi.

Narrated Asim: I asked Anas, “Has it reached you that the Prophet (ﷺ) said, ‘There is no alliance in Islam’?” He replied, “The Prophet (ﷺ) made an alliance between Quraysh and the Ansar in my house.”

Narrated Salama ibn al-Akwa: A funeral bier was brought to the Prophet (ﷺ) so that he might pray over the deceased. He asked, “Did he owe a debt?” They said, “No,” so he prayed over him. Then another bier was brought, and he asked, “Did he owe a debt?” They said, “Yes.” He said, “Pray over your companion.” Abu Qatada said, “His debt is mine, Messenger of Allah.” So he prayed over him.

Narrated Jabir ibn Abdullah: The Prophet (ﷺ) once said to me, “When the wealth of Bahrain arrives, I will give you such and such.” The wealth of Bahrain did not arrive until after the Prophet (ﷺ) had passed away. When it arrived, Abu Bakr ordered someone to announce, “Whoever has a promise or debt due from the Prophet (ﷺ), let him come to us.” I went to him and said, “The Prophet (ﷺ) said to me such and such.” He scooped a handful for me. I counted it and found it was five hundred. He said, “Take twice as much.”

Narrated Aisha, the Prophet’s wife: I can remember my parents only as people who followed the religion. Abu Salih also reported to me, from Abdullah, from Yunus, from al-Zuhri, who said: Urwa ibn al-Zubayr informed me that Aisha said: I never knew my parents except as people who followed the religion, and no day passed without the Messenger of Allah (ﷺ) visiting us at both ends of the day, morning and evening. When the Muslims were put to trial, Abu Bakr set out as a migrant toward Abyssinia. When he reached Bark al-Ghimad, Ibn al-Daghina, chief of the Qara, met him and asked, “Where are you going, Abu Bakr?” Abu Bakr said, “My people have driven me out, so I want to travel through the land and worship my Lord.” Ibn al-Daghina said, “A man like you should neither leave nor be driven out. You provide for those who have nothing, maintain kinship ties, bear people’s burdens, host guests, and help in the hardships that come in the cause of truth. I am your protector, so return and worship your Lord in your own land.” Ibn al-Daghina departed and returned with Abu Bakr. He went around among the leading Quraysh disbelievers and said, “A man like Abu Bakr should neither leave nor be driven out. Would you drive out a man who provides for those who have nothing, maintains kinship ties, bears people’s burdens, hosts guests, and helps in the hardships that come in the cause of truth?” Quraysh accepted Ibn al-Daghina’s protection and granted Abu Bakr security. They told Ibn al-Daghina, “Tell Abu Bakr to worship his Lord in his house. Let him pray and recite whatever he wishes, but not trouble us by doing it openly. We fear he may lead our children and women astray.” Ibn al-Daghina told Abu Bakr this. Abu Bakr began worshipping his Lord at home and did not pray or recite openly outside it. Then Abu Bakr had the idea of building a mosque in the courtyard of his house. He did so and went outside to pray and recite the Quran there. The women and children of the polytheists gathered around him, amazed and watching him. Abu Bakr was a man who wept readily and could not hold back his tears when reciting the Quran. This alarmed the leading Quraysh polytheists, so they sent for Ibn al-Daghina, who came to them. They said, “We gave Abu Bakr protection on the condition that he worship his Lord in his house, but he has gone beyond that and built a mosque in his courtyard, praying and reciting aloud. We fear he may lead our children and women astray. Go to him: if he wishes to limit himself to worshipping his Lord in his house, he may; but if he insists on doing this openly, ask him to return your pledge of protection. We dislike betraying you, but we will not allow Abu Bakr to worship openly.” Aisha said: Ibn al-Daghina went to Abu Bakr and said, “You know the terms on which I gave you protection. Either limit yourself to that or return my protection, for I do not want the Arabs to hear that I was betrayed concerning a man for whom I had pledged protection.” Abu Bakr said, “I return your protection to you, and I am content with Allah’s protection.” At that time the Messenger of Allah (ﷺ) was still in Mecca. He said, “I have been shown the land to which you will migrate: a salty plain with date palms between two lava fields”—the two Harrahs. After the Messenger of Allah (ﷺ) said this, some of the companions migrated to Medina, and some who had migrated to the land of Abyssinia returned to Medina. Abu Bakr prepared to migrate, but the Messenger of Allah (ﷺ) said to him, “Wait; I hope I will be given permission.” Abu Bakr asked, “Do you really hope for that? May I be sacrificed for you.” He replied, “Yes.” So Abu Bakr held himself back in order to accompany the Messenger of Allah (ﷺ), and for four months he fed the two camels he had with leaves of the samur tree.

Narrated Abu Huraira: When a deceased person who owed a debt was brought to the Messenger of Allah (ﷺ), he would ask, “Did he leave anything in excess to cover his debt?” If he was told that the deceased had left enough to repay it, he prayed over him; otherwise, he said to the Muslims, “Pray over your companion.” When Allah granted him victories, he said, “I have greater claim over the believers than they have over themselves. If any believer dies leaving a debt, its repayment is my responsibility; and whoever leaves property, it belongs to his heirs.”