Wills and Testaments (Wasaayaa)
كتاب الوصايا
Chapter 14: When someone says, "My house is Sadaqa for Allah's sake,"
Chapter 15: If someone says, "My land is Sadaqa for Allah's safe on my mother's behalf,"
The mother of Sa`d bin 'Ubada died in his absence. He said, "O Allah's Messenger (ﷺ)! My mother died in my absence; will it be of any benefit for her if I give Sadaqa on her behalf?" The Prophet (ﷺ) said, "Yes," Sa`d said, "I make you a witness that I gave my garden called Al Makhraf in charity on her behalf."
Chapter 16: To give part of wealth or slaves or animals in charity or as an endowment
I said, "O Allah's Messenger (ﷺ)! For the acceptance of my repentance I wish to give all my property in charity for Allah's sake through His Apostle ." He said, "It is better for you to keep some of the property for yourself." I said, "Then I will keep my share in Khaibar."
Chapter 17: Whoever gave something to his representative to give in charity and then the latter returned it to him
When the Holy Verse: 'By no means shall you attain Al-Birr (piety, righteousness, it means here Allah's Reward i.e., Paradise), unless you spend of that which you love..', (V 3:92) was revealed, Abu Talha went to Allah's Messenger (ﷺ) and said, "O Allah's Messenger ! Allah, the Blessed, the Superior stated in His book: 'By no means shall you attain Birr, unless you spend of that which you love....' (V 3:92) and the most beloved property to me is Bairuha' (which was a garden where Allah's Messenger (ﷺ) used to go to sit in its shade and drink from its water). I gave it to the Allah and His Messenger (ﷺ) hoping for Allah's Reward in the Hereafter. So, Ao Allah's Messenger ! Use it as Allah orders you to use it." Allah's Messenger (ﷺ) said, "Bravo! O Abu Talha, it is fruitful property. We have accepted it from you and now we return it to you. Distribute it amongst you relatives." So, Abu Talha distributed it amongst his relatives, amongst whom were Ubai and Hassan. When Hassan sold his share of that garden to Mu'awiyya, he was asked, "How do you see Abu Talha's Sadaqa?" He replied, "Who should not I sell a Sa' of date for Sa' of money ?" The garden was situated on the courtyard of the palace of Bani Jadila built by Mu'awiya.
Chapter 18: The Statement of Allah Taa'la: "And when the relatives and the orphans and Al-Masakin are present at the time of division..."
Some people claim that the order in the above Verse is cancelled, by Allah, it is not cancelled, but the people have stopped acting on it. There are two kinds of guardians (who are in charge of the inheritance): One is that who inherits; such a person should give (of what he inherits to the relatives, the orphans and the needy, etc.), the other is that who does not inherit (e.g. the guardian of the orphans): such a person should speak kindly and say (to those who are present at the time of distribution), "I can not give it to you (as the wealth belongs to the orphans).
Chapter 19: Charity on behalf of a person who dies suddenly. And the execution of the vows.
A man said to the Prophet, "My mother died suddenly, and I think that if she could speak, she would have given in charity. May I give in charity on her behalf?" He said, "Yes! Give in charity on her behalf."
Sa`d bin Ubada consulted Allah's Messenger (ﷺ) saying, "My mother died and she had an unfulfilled vow." The Prophet (ﷺ) said, "Fulfill it on her behalf."
Chapter 20: The witnesses in the foundation of an endowment or in giving in charity
That the mother of Sa`d bin Ubada the brother of Bani Saida died in Sa`d's absence, so he came to the Prophet saying, "O Allah's Messenger (ﷺ)! My mother died in my absence, will it benefit her if I give in charity on her behalf?" The Prophet (ﷺ) said, "Yes." Sa`d said, "I take you as my witness that I give my garden Al-Makhraf in charity on her behalf."
Chapter 21: The Statement of Allah Taa'la: "And if you fear that you shall not be able to deal justly with the orphan-girls..."
`Urwa bin Az-Zubair said that he asked `Aisha about the meaning of the Qur'anic Verse:-- "And if you fear that you will not deal fairly with the orphan girls then marry (other) women of your choice." (4.2-3) Aisha said, "It is about a female orphan under the guardianship of her guardian who is inclined towards her because of her beauty and wealth, and likes to marry her with a Mahr less than what is given to women of her standard. So they (i.e. guardians) were forbidden to marry the orphans unless they paid them a full appropriate Mahr (otherwise) they were ordered to marry other women instead of them. Later on the people asked Allah's Messenger (ﷺ) about it. So Allah revealed the following Verse:-- "They ask your instruction (O Muhammad!) regarding women. Say: Allah instructs you regarding them..." (4.127) and in this Verse Allah indicated that if the orphan girl was beautiful and wealthy, her guardian would have the desire to marry her without giving her an appropriate Mahr equal to what her peers could get, but if she was undesirable for lack of beauty or wealth, then he would not marry her, but seek to marry some other woman instead of her. So, since he did not marry her when he had no inclination towards her, he had not the right to marry her when he had an interest in her, unless he treated her justly by giving her a full Mahr and securing all her rights.
Chapter 22: The Statement of Allah Taa'la: "...if you find sound judgement in them, release their property to them..."
Chapter 23: How a guardian is to deal with an orphan's wealth
In the lifetime of Allah's Messenger (ﷺ) , `Umar gave in charity some of his property, a garden of date-palms called Thamgh. `Umar said, "O Allah's Messenger (ﷺ)! I have some property which I prize highly and I want to give it in charity." The Prophet; said, "Give it in charity (i.e. as an endowment) with its land and trees on the condition that the land and trees will neither be sold nor given as a present, nor bequeathed, but the fruits are to be spent in charity." So `Umar gave it in charity, and it was for Allah's Cause, the emancipation of slaves, for the poor, for guests, for travelers, and for kinsmen. The person acting as its administrator could eat from it reasonably and fairly, and could let a friend of his eat from it provided he had no intention of becoming wealthy by its means.
The following Verse:-- "If a guardian is well-off, let him claim no remuneration (i.e. wages), but if he is poor, let him have for himself what is just and reasonable." (4.6) was revealed in connection with the guardian of an orphan, and it means that if he is poor he can have for himself (from the orphan's wealth) what is just and reasonable according to the orphan's share of the inheritance.
Chapter 24: The Statement of Allah Taa'la: "... those who unjustly eat up the property of orphans..."
The Prophet (ﷺ) said, "Avoid the seven great destructive sins." The people enquire, "O Allah's Messenger (ﷺ)! What are they? "He said, "To join others in worship along with Allah, to practice sorcery, to kill the life which Allah has forbidden except for a just cause, (according to Islamic law), to eat up Riba (usury), to eat up an orphan's wealth, to give back to the enemy and fleeing from the battlefield at the time of fighting, and to accuse, chaste women, who never even think of anything touching chastity and are good believers.
Chapter 25: Allah's Statement: "The best thing is to work honestly in their property..."
"Ibn 'Umar never refused to be appointed as guardian." The most beloved thing to Ibn Sirin concerning an orphan's wealth was that the orphan's advisor and guardians would assemble to decide what is best for him. When Tawus was asked about something concerning an orphan's affairs, he would recite: '...And Allah knows him who means mischief from him who means good...' (V 2:220). 'Ata said concerning some orphans, "The guardian is to provide for the young and the old orphans according to their needs from their shares."
Chapter 26: The employment of an orphan
When Allah's Messenger (ﷺ) came to Medina; he did not have any servant. Abu Talha (Anas' step-father) took me to Allah's Messenger (ﷺ) and said, "O Allah's Messenger (ﷺ)! Anas is a wise boy, so let him serve you." So, I served him at home and on journeys. If I did anything, he never asked me why I did it, and if I refrained from doing anything, he never asked me why I refrained from doing it.
Chapter 27: If somebody gives a piece of land as an endowment and does not mark its boundaries
Abu Talha had the greatest wealth of date-palms amongst the Ansar in Medina, and he prized above all his wealth (his garden) Bairuha', which was situated opposite the Mosque (of the Prophet (ﷺ) ). The Prophet used to enter It and drink from its fresh water. When the following Divine Verse came:-- "By no means shall you attain piety until you spend of what you love," (3.92) Abu Talha got up saying. "O Allah's Messenger (ﷺ)! Allah says, 'You will not attain piety until you spend of what you love,' and I prize above al I my wealth, Bairuha' which I want to give in charity for Allah's Sake, hoping for its reward from Allah. So you can use it as Allah directs you." On that the Prophet (ﷺ) said, "Bravo! It is a profitable (or perishable) property. (Ibn Maslama is not sure as to which word is right, i.e. profitable or perishable.) I have heard what you have said, and I recommend that you distribute this amongst your relatives." On that Abu Talha said, "O Allah's Messenger (ﷺ)! I will do (as you have suggested)." So, Abu Talha distributed that garden amongst his relatives and cousins.
A man said to Allah's Messenger (ﷺ) , "My mother died, will it benefit her if I give in charity on her behalf?" The Prophet (ﷺ) replied in the affirmative. The man said, "I have a garden and I make you a witness that I give it in charity on her behalf."
Chapter 28: A jointly-owned piece of land as an endowment
When the Prophet (ﷺ) ordered that the mosque be built, he said, "O Bani An-Najjar! Suggest to me a price for this garden of yours." They replied, "By Allah! We will demand its price from none but Allah."
Chapter 29: How to write the endowment?
When `Umar got a piece of land in Khaibar, he came to the Prophet (ﷺ) saying, "I have got a piece of land, better than which I have never got. So what do you advise me regarding it?" The Prophet (ﷺ) said, "If you wish you can keep it as an endowment to be used for charitable purposes." So, `Umar gave the land in charity (i.e. as an endowments on the condition that the land would neither be sold nor given as a present, nor bequeathed, (and its yield) would be used for the poor, the kinsmen, the emancipation of slaves, Jihad, and for guests and travelers; and its administrator could eat in a reasonable just manner, and he also could feed his friends without intending to be wealthy by its means."
Chapter 30: The usufruct of an endowment
`Umar got some property in Khaibar and he came to the Prophet (ﷺ) and informed him about it. The Prophet said to him, "If you wish you can give it in charity." So `Umar gave it in charity (i.e. as an endowment) the yield of which was to be used for the good of the poor, the needy, the kinsmen and the guests.