Book of Wills

The Sahih Collection of al-Bukhari

by Imam Bukhari
Translated by: Ustadha Aisha Bewley

Chapter 60. Book of Wills

I: Wills and the words of the Prophet, may Allah bless him and grant him peace, "The written will of a man should be with him."

The words of Allah Almighty, "It is prescribed for you, when death approaches one of you and if he has some goods to leave, to make a will in favour of his parents and relatives, correctly and fairly: a duty for all godfearing people. Then if anyone alters it after hearing it, the crime is on the part of those who alter it. Allah is All-Hearing, All-Knowing. But if someone fears bias or wrongdoing on the part of the person making the will, and puts things right between the people involved, in that case he has not committed any crime. Allah is Ever-Forgiving, Most Merciful." (2:180-182) Janaf means partiality. Mutajânif (5:3) means partial.

2587. It is related from 'Abdullah ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "It is not right for a Muslim man who has anything to bequeath to spend two nights with having a written will in his possession."

Muhammad ibn Muslim corroborated it from 'Amr from Ibn 'Umar from the Prophet, may Allah bless him and grant him peace.

2588. It is related from 'Amr ibn al-Harith, the brother-in-law of the Messenger of Allah, the brother of Juwayriyya bint al-Harith, "When the Messenger of Allah, may Allah bless him and grant him peace, died, he left neither dirham nor dinar nor slave nor slavegirl nor anything other than his white mule which he used to ride, his weapons, and some land that he made sadaqa for travellers."

2589. It is related from Talha ibn Musarrif, "I asked 'Abdullah ibn Abi Awfa whether the Prophet, may Allah bless him and grant him peace, made a will. He said, 'No.' I said, 'So how was the will prescribed for people (or were they prescribed to make the will)?' He said, 'He bequeathed the Book of Allah.'"

2590. It is related from al-Aswad that it was mentioned in the presence of 'A'isha that 'Ali was appointed by will. She said, "When did he appoint him? He was resting against my chest (or she said, "in my lap") and called for a basin and then he went limp in my lap and I was not aware that he had died, so when did he appoint him?"

II: It is better to leave one heirs wealthy than to make them beg from people

2591. It is related that Sa'd ibn Abu Waqqas said, "The Prophet, may Allah bless him and grant him peace, came to visit me when I was ill in Makka - (and he did not like to die in the land from which he had emigrated) - and said he said, 'May Allah have mercy on Ibn 'Afra'.' I said, 'Messenger of Allah, can I will away all my property?' He said, 'No.' I asked, 'A half?' 'No,' he answered. I said, 'A third?' He said, 'A third, but a third is a lot. It is better to leave your heirs wealthy than to make them beg from people with their hands. Whatever you spend on maintenance is sadaqa, even the morsel you put in your wife's mouth. Perhaps Allah may lengthen your life so that some people benefit by you and others are harmed by you." At that time he only had one daughter.

III: Willing away a third

Al-Hasan said, "It is only permitted to will away a third."

Allah Almighty says, "So judge between them by what Allah has sent down." (5:49)

2592. It is related that Ibn 'Abbas said, "People should reduce it to a fourth because the Messenger of Allah, may Allah bless him and grant him peace, said, 'A third, and a third is a lot - or substantial.'"

2593. It is related that Sa'd said, "The Prophet visited me when I was will. I said, 'Messenger of Allah, ask Allah not to make me die in the land I left.' He said, 'Perhaps Allah will lengthen your life and benefit some people through you.' I said, 'I want to make a will and I only have a daughter.' I asked, 'Shall I will away a half?' He said, 'A half is too much.' I said, 'A third, and a third is a lot - or substantial.'" He said, "People used to will away a third as they were permitted to do that."

IV: The one making the will saying to his executor, "Look after my son," and what the executor is permitted to claim

2594. It is related that 'A'isha, the wife of the Prophet, said, "'Utba ibn Abi Waqqas had made his brother, Sa'd ibn Abi Waqqas give an undertaking, saying, 'The son of the slavegirl of Zam'a is mine, so take him with you.' In the year of the Conquest, Sa'd took him and said, 'My brother's son who gave me an undertaking about him.' 'Abd ibn Zam'a got up and said, 'My brother and the son of my father's slavegirl. He was born on his bed.' They took the case to the Messenger of Allah, may Allah bless him and grant him peace, and Sa'd said, 'Messenger of Allah, my brother. He gave me an undertaking about him.' 'Abd ibn Zam'a said, 'My brother and the son of my father's slavegirl.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'He is yours, 'Abd ibn Zam'a. The child belongs to the bed and stones belong to the adulterer.' Then he told Sawda bint Zam'a, 'Veil yourself from him,' since he saw that he resembled 'Utba. He did not see her until he died."

V: When the sick person makes a clear indication with his head, that is permitted

2595. It is related from Anas that a Jew crushed the head a girl between two stones and she was asked, "Who did this to do? So-and-so? So-and-so?" until the Jew was named. She made a gesture with her. He was brought and kept until he confessed and the Prophet, may Allah bless him and grant him peace, ordered that his head be crushed with stones.

VI: No bequest to an heir

2596. It is related that Ibn 'Abbas said, "It used to be that property belongs to the child and the parents only inherited through a will, and then Allah abrogated what He willed of that and assigned the male the portion of two females and assigned each of the parents a sixth and appointed for the wife an eighth and a fourth, and for the husband a half and a fourth."

VII: Sadaqa at the time of death

2597. It is related that Abu Hurayra said, "A man asked the Prophet, may Allah bless him and grant him peace, 'Messenger of Allah, which sadaqa is best?' He replied, 'That you give sadaqa while you are healthy yet covetous, in fear of poverty and desiring wealth. Do not put it off until death is near and you say, "So-and-so should have this much and so-and-so this much,"' when it already belongs to someone else."

VIII: The words of Allah Almighty, "after any bequest you make or any debts" (4:11)

It is mentioned that Shurayh, 'Umar ibn 'Abdu'l-'Aziz, Tawus, 'Ata', and Ibn Udhayna permitted a sick person to acknowledge a debt.

Al-Hasan said, "The truest sadaqa that a man gives is that on the last day of [his life in] this world and the first day of the Next world."

Ibrahim and al-Hakam said, "If he absolves an heir from a debt, he is absolved."

Rafi' ibn Khudayj left a will that his wife, al-Fazariyya, should not have removed those things on which her door had closed [i.e. the contents of her house belonged to her.]

Al-Hasan said, "When someone is dying and tells his slave, 'You are free,' that is valid."

Ash-Sha'bi said, "When the woman says when she is dying, 'My husband has paid me [what he owed me] and I have received it," that acknowledge is valid. Some people* say, 'The affirmation of a dying person is not permitted because the heirs might suspect it. Then they employ istihsan** and say, 'It is permitted for him to affirm trusts, goods, and partnership.' The Prophet, may Allah bless him and grant him peace, said, 'Beware of suspicion. Suspicion is the falsest form of speech.'"

[*i.e. Abu Hanifa and his peoples.

** istihsan: juristic preference, setting aside the result of analogy for something considered better.]

The property of Muslims is not lawful [to other than the owner] by the words of the Prophet, may Allah bless him and grant him peace, "The sign of the hypocrisy is that when you give him a trust, he betrays it." Allah Almighty says, "Allah commands you to return to their owners the things you hold on trust ." (4:58) He did not specify an heir or anyone else. This hadith contains 'Abdullah ibn 'Amr reporting from the Prophet, may Allah bless him and grant him peace.

2598. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "There are three signs of a hypocrite: whenever he speaks, he lies; whenever he is trusted, he betrays his trust; and whenever he makes a promise, he breaks it."

IX: Interpretation of the words of Allah Almighty, "after any bequest you make or any debts" (4:11)

It is mentioned that the Prophet, may Allah bless him and grant him peace, settled debts before bequests.

His words, "Allah commands you to return to their owners the things you hold on trust ." (4:58)

It returning trusts takes prioriry over voluntary bequests. The Prophet, may Allah bless him and grant him peace, said, "There is no sadaqa except from someone who is wealthy."

Ibn 'Abbas said, "The slave cannot make a bequest without his owner's permission. The Prophet, may Allah bless him and grant him peace, said, 'A slave is a shepherd of his master's property.'"

2599. It is related that Hakim ibn Hizam said, "I asked the Messenger of Allah, may Allah bless him and grant him peace, and he gave to me, and then I asked him and then he gave to me. Then he said to me, 'O Hakim, this wealth is green and sweet. Whoever takes it with a generous soul will be blessed in it. Whoever takes it with avarice is not blessed in it. He is like the one who eats and is not filled. The upper hand is better than the lower hand.'" Hakim said, "I said, 'Messenger of Allah, by the One who sent you with the truth, I will never take anything from anyone after you until I leave this world!' Abu Bakr used to call Hakim to give him the stipend but he refused to take any of it. Then 'Umar summoned him to give it to him but he refused to take it. He said, 'O company of Muslims! I offered him his due which Allah has allotted him from this booty and he refuses to take it.'" Hakim did not take anything from the people after the Prophet, may Allah bless him and grant him peace, until he died, may Allah have mercy on him.

2600. It is related from Ibn 'Umar who said that he heard the Messenger of Allah, may Allah bless him and grant him peace, say, "All of you are shepherds. Each of you is responsible for his flock. An imam is a shepherd and is responsible for his flock. A man is a shepherd in respect of his family and is responsible for his flock. A woman is a shepherd in respect of her husband's house and is responsible for her flock. A servant is a shepherd in respect of his master's property and is responsible for his flock." He said, "I think that he said, "A man is a shepherd in respect of his father's property."

X: When someone makes a waqf or bequest for his relatives, and who constitutes the relatives

Thabit reported from Anas that the Prophet, may Allah bless him and grant him peace, said to Abu Talha, "Assign it to your poor relatives," and he assigned it to Hassan and Ubayy ibn Ka'b.

From Anas in a similar hadith to that of Thabit it is reported that he said, "Assign it to your poor kin." Anas said, "He assigned it to Hassan and Ubayy ibn Ka'b, who were closer to him than me. The kinship of Hassan and Ubayy to Abu Talha was that his name was Zayd ibn Sahl ibn al-Aswad ibn Haram ibn 'Amr ibn Zayd Manat ibn 'Adi ibn 'Amr ibn Malik ibn an-Najjar, and Hassan was the son of Thabit ibn al-Mundhir ibn Haram, and so they both have Haram, who is the grandfather. Haram was the son of 'Amr ibn Zayd Manat ibn 'Adi ibn 'Amr ibn Malik ibn an-Najjar, so Hassan, Abu Talha and Ubayy are joined in the sixth ancestor to 'Amr ibn Malik, who is Ubayy ibn Ka'b ibn Qays ibn 'Ubayd ibn Zayd ibn Mu'awiya ibn 'Amr ibn Malik ibn an-Najjar. So 'Amr ibn Malik is an ancestor of both Hassan, Abu Talha and Ubayy.

One of them* said, "If he makes a bequest on behalf of his kin, they must go back to a common Muslim ancestor."

[*Abu Yusuf]

2601. It is related from Anas that the Prophet, may Allah bless him and grant him peace, said to Abu Talha, "I think that you should assign it to your relatives." Abu Talha said, "I will do it, Messenger of Allah," and Abu Talha divided it between his relatives and cousins."

Ibn 'Abbas said, "When the ayat was sent down, 'Warn your near relatives," (26:214) the Prophet, may Allah bless him and grant him peace, began to call, "O Banu Fihr! O Banu 'Adi!' to the subtribes of Quraysh.

Abu Hurayra said, "When 'Warn your near relatives', was sent down, the Prophet, may Allah bless him and grant him peace, said, 'O company of Quraysh!'"

XI: Are women and children included among relatives?

2602. It is related from Abu Hurayra, "When Allah, the Mighty and Exalted, sent down 'Warn your near relatives', the Messenger of Allah, may Allah bless him and grant him peace, stood up and said, 'O company of Quraysh! (or words to that effect) Purchase your selves! I cannot help you against Allah in any way. O Banu 'Abd Manaf! I cannot help you against Allah in any way. O 'Abbas ibn 'Abdu'l-Muttalib! I cannot help you against Allah in any way. O Safiyya, aunt of the Messenger of Allah! I cannot help you against Allah in any way. O Fatima daughter of Muhammad! Ask me what you wish of my property, but I cannot help you against Allah in any way.'"

Asbagh corroborated it from Ibn Wahb from Yunus from Ibn Shihab.

XII: Can the one who sets up a waqf benefit from his waqf?

'Umar stipulated that there is no harm in its trustee eating from it. The founder of the waqf or someone else can act as its trustee. It is like that with someone who designates sacrificial camels or something else for Allah - he can use it as others use it, even if he had not stipulated that.

2603. It is related from Anas that the Prophet, may Allah bless him and grant him peace, saw a man driving a sacrificial camel and said, "Ride it." He said, "Messenger of Allah, it is a sacrificial camel." He said on the third or fourth time, "Ride it, confound you (or bother you).

2604. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, saw a man driving a sacrificial camel and said, "Ride it." He said, "Messenger of Allah, it is a sacrificial camel." He said, "Ride it, confound you" the second or third time.

XIII: When someone makes a waqf of something before he has given to someone else, that is permitted

That is because 'Umar created a waqf and said, "There is no objection if its trustee eats," and he did not specify whether its trustee was 'Umar or someone else.

The Prophet, may Allah bless him and grant him peace, said to Abu Talha, "I think you should assign it for relatives," and he said, "I will do it" and divided it between his relatives and cousins.

XIV: When he says, "My house is sadaqa for Allah" and does not specify that it is for the poor or others, that is permitted, and it is placed with the relatives, or however he likes

The Prophet, may Allah bless him and grant him peace, said to Abu Talha when he said, "The property I love the most is Bayraha' and it is sadaqa for Allah." So the Prophet, may Allah bless him and grant him peace, permitted that.

One of them* said, "It is not permitted until he makes it clear whom it is for," but the first is sounder.

[*ash-Shafi'i]

XV: When he says, "My land - or my garden - is sadaqa on behalf of my mother," it is permitted, even if he does not specify the beneficiary

2605. It is related from Ibn 'Abbas that the mother of Sa'd ibn 'Ubada died in his absence. He said, "Messenger of Allah, my mother has died in my absence. Will it help her at all if I give sadaqa on her behalf?" He said, "Yes." He said, "Then I testify that my two gardens of al-Mikhraf are sadaqa for her."

XVI: When someone gives sadaqa or makes a waqf of part of his property, or part of his slaves, or his animals, that is permitted

2606. It is related that Ka'b ibn Malik was heard to say, "I said, 'Messenger of Allah, part of my repentance is that I give all my property as sadaqa to Allah and to His Messenger.' He said, 'Keep part of your property. That is better for you.' I said, 'I will keep my share at Khaybar."

XVII: The one who gives sadaqa to his guardian and then his guardian returns it to him

2607. It is related that Anas said, "When it was sent down, 'You will not attain true goodness until you give of what you love,' (3:92) Abu Talha came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, Allah, may He be blessed and exalted! says in His Book, "You will not attain true goodness until you give of what you love." The property I love the best is Bayruha.'" He said, "It was a garden, and the Messenger of Allah, may Allah bless him and grant him peace, used to enter it and enjoy its shade drink its water. He said, 'It is sadaqa for Allah, the Mighty and Exalted, and His Messenger. I hope for its goodness and I hope that it will be stored up for me. Messenger of Allah, dispose of it in whatever way Allah shows you is best.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Excellent, Abu Talha! That is a profitable property. We accept it from you and return it to you. Designate it for your relatives." Abu Talha gave it as sadaqa to his relatives." He said, "They included Ubayy and Hassan." He said, "Hassan sold his share of it to Mu'awiya. It was said to him, 'Do you sell the sadaqa of Abu Talha?' He replied, 'Why should I not sell a sa' of dates for a sa' of dirhams?'" He said, "That garden was in the location of the fortress of the Banu Hudayla which Mu'awiya built."

XVIII: The words of Allah Almighty, "If other relatives or orphans or poor people attend the sharing-out, provide for them out of it." (4:8)

2608. It is related that Ibn 'Abbas said, "Some people claim that this ayat was abrogated. No, by Allah, it was not abrogated, but it is part of what people attach little importance to. There are two guardians: there is the guardian who inherits, and that is the one who provides [for them], and there is the guardian who does not inherit. That is the one who should speak kindly and say, 'I do not own it so that I can give to you.'"

XIX: It is recommended to give sadaqa on behalf of someone who dies suddenly and to carry out the vows of the deceased

2609. It is related from 'A'isha that a man said to the Prophet, may Allah bless him and grant him peace, "My mother died suddenly and I thought that if she had spoken, she would have given sadaqa. Shall I give sadaqa for her?" He said, "Yes, give sadaqa for her."

2610. It is related from Ibn 'Abbas that Sa'd ibn 'Ubada asked for the decision of the Messenger of Allah, may Allah bless him and grant him peace, saying, "My mother died having made a vow." He said, "Carry it out for her."

XX: Witnesses in a waqf and sadaqa

2611. It is related from Ibn 'Abbas that the mother of Sa'd ibn 'Ubada, the brother of the Banu Sa'ida, died in his absence. He went to the Prophet, may Allah bless him and grant him peace, and said, "Messenger of Allah, my mother has died in my absence. Will it help her at all if I give sadaqa on her behalf?" He said, "Yes." He said, "Then I testify that my two gardens of al-Mikhraf are sadaqa for her."

XXI: The words of Allah Almighty:

"Give orphans their property, and do not substitute bad things for good. Do not assimilate their property into your own. Doing that is a serious crime. If you are afraid of not behaving justly towards orphans, then marry other permissible women." (4:2-3)

2612. It is related that 'Urwa ibn az-Zubayr asked 'A'isha about, "If you are afraid of not behaving justly towards orphans, then marry other permissible women," and she said, "It is the orphan girl in the care of her guardian. He desires her beauty and property and wants to marry her for less than the custom of women like her. They were forbidden to marry them until they were just to them in giving them their full dowry. [Otherwise,] they were commanded to marry women besides them."

'A'isha said, "Then after that people asked the Messenger of Allah, may Allah bless him and grant him peace, for a statement and Allah, the Mighty and Exalted, sent down, 'They will ask you for a definitive ruling about women. Say, "Allah gives you a definitive ruling about them."' (4:127)" She said, "Allah made it clear in this ayat that if the orphan girl has beauty and wealth, they would desire to marry her and not give her the full amount of dowry according to her custom. If she is not desirable as she has little beauty and money, they would leave her and seek other women. He said, 'As they left her when they did not desire her, so they cannot marry her when they desire her unless they are just to him by paying her the full dowry and giving her her due.'"

XXII: The words of Allah Almighty, "Keep a close check on orphans until they reach a marriageable age, then if you perceive that they have sound judgement hand over their property to them. Do not consume it extravagantly and precipitately before they come of age. Those who are wealthy should abstain from it altogether. Those who are poor should use it sensibly and correctly. When you hand over their property to them ensure that there are witnesses on their behalf. Allah is enough as a Reckoner. Men receive a share of what their parents and relatives leave and women receive a share of what their parents and relatives leave, a fixed share, no matter whether it is a little or a lot." (4:6-7)

XXIII: What the executor can do with the orphan's property and what he can consume from it according to his work

2613. It is related from Ibn 'Umar that 'Umar gave as sadaqa some property that he had in the time of the Messenger of Allah, may Allah bless him and grant him peace. It was called Thamgh and consisted of date-palms. 'Umar said, "O Messenger of Allah, I have obtained some property, and it is precious to me. I want to give it as sadaqa." The Prophet, may Allah bless him and grant him peace, said, "Give its capital as sadaqa provided that it would not be sold or given away or inherited. Its proceeds should be spent.' So 'Umar gave it as sadaqa and that sadaqa was in the way of Allah for freeing slaves, the poor, guests, travellers, and relatives. There nothing wrong if its trustee consumes some of it in a correct and reasonable manner or feeds his friend without storing up.'"

2614. It is related that 'A'isha said that "Those who are wealthy should abstain from it altogether. Those who are poor should use it sensibly and correctly" was sent down about the guardian of the orphan that if he were needly, he could take from the property according to his financial situation in a reasonable manner.

XXIV: The words of Allah Almighty, "People who consume the property of orphans wrongfullyconsume nothing in their bellies except fire. They will roast in a Searing Blaze." (4:10)

2615. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "Avoid the seven fatal sins." They asked, "Messenger of Allah, what are they?" He answered, "Associating with Allah, sorcery, killing a soul which Allah has forbidden except by legal right, consuming usury, consuming the property of an orphan, fleeing on the day of battle and slandering unthinking chaste believing women."

XXV: The words of Allah Almighty:

"They will ask you about the property of orphans. Say, 'Managing it in their best interests is best.' If you mix your property with theirs, they are your brothers. Allah knows a squanderer from a good manager. Had Allah wanted, He could have been hard on you. Allah is Almighty, All-Wise." (2:220) "To be hard on" is "to make difficult and constrict." "'Anat" (19:111) means "to humble.'

It is related from Nafi', "Ibn 'Umar did not refuse to be anyone's executor."

That which Ibn Sirin liked best regarding the orphan's property was that his advisors and guardians gather to him and investigate what was best for him.

Tawus said, "When he was asked about anything regarding the business of the orphans, he would recite, 'Allah knows the man who means mischief from the man who means good.'"

'Ata' said about orphans, "The guardian spends on the young and old, each one according to his share."

XXVI: Employing the orphan on a journey and at home if that is in his best interests. The mother and her husband should look after the orphan

2616. It is related that Anas said, "The Messenger of Allah, may Allah bless him and grant him peace, came to Madina and did not have a servant. Abu Talha took my hand and took me to the Messenger of Allah, may Allah bless him and grant him peace. He said, 'O Messenger of Allah, Anas is a clever boy, so take him for a servant.'" He said, "I served him on journeys and at home, and he never said to me about something I had done, 'Why did you do this like that?,' nor about something I had done, 'Why did you not do this?'"

XXVII: When land is made a waqf without its borders being stipulated, that is allowed, and it is the same with sadaqa

2617. It is related from that Anas ibn Malik said, "Abu Talha had more property in palm trees than any of the Ansar in Madina. His favourite property was Bayruha' which was opposite the mosque. The Messenger of Allah, may Allah bless him and grant him peace, used to enter it and drink its sweet water." Anas said, "When this ayat was sent down: 'You will not attain true goodness until you give of what you love,' Abu Talha stood up and said, 'Messenger of Allah, Allah says, "You will not attain true goodness until you give of what you love." The property I love the best is Bayruha'. It is sadaqa for Allah whose goodness I hope for and I hope that it will be stored up for me with Allah. Dispose of it in whatever way Allah shows you.' He said, 'Excellent! That is a profitable property. (or a property with good return - Ibn Maslama was unsure.) I think that you should give it to your relatives.' Abu Talha said, 'I will do that, Messenger of Allah!' So Abu Talha divided it among his relatives and cousins."

Malik has "ra'ih" (rather than rabih).

2618. It is related from Ibn 'Abbas that a man said to the Messenger of Allah, may Allah bless him and grant him peace, "My mother has died. Will it help her if I give sadaqa on her behalf?" He answered, "Yes." He said, "I have Mikhraf and I testify to you that I have given it as sadaqa on her behalf."

XXVIII: When a group make a waqf of a shared land, that is permitted

2619. It is related that Anas said, "The Prophet, may Allah bless him and grant him peace, commanded that the mosque be built and said, 'O Banu'n-Najjar! Name me a price for this garden of yours.' They said, 'No, by Allah. We ask no price for it except from Allah.'

XXIX: How the waqf is written

2620. It is related that Ibn 'Umar said, "'Umar got some land in Khaybar and he went to the Prophet, may Allah bless him and grant him peace, and said, "O Messenger of Allah, I have got some land in Khaybar, and I have got no property more precious to me than it. What do you command about it?" He said, "If you wish, you can make its capital a waqf and you can give it as sadaqa." He said, "'Umar gave it as sadaqa provided that it would not be sold or given away or inherited. Its was for the poor, relatives, slaves, in the way of Allah, for guests, and travellers. Its trustee does nothing wrong if he consumes some of it in a correct and reasonable manner or feeds his friend without storing up."

XXX: The waqf for the wealthy, the poor, and guests

2621. It is related from Ibn 'Umar that 'Umar found some property in Khaybar and came to the Prophet, may Allah bless him and grant him peace, and told him and he said, "If you wish, you can make it sadaqa," and he made it sadaqa for the poor, the needy, relatives and guests.

XXXI: The waqf of land for a mosque

2622. It is related from Anas ibn Malik that when the Messenger of Allah, may Allah bless him and grant him peace, came to Madina, he ordered the mosque [be built] and said, "O Banu'n-Najjar! Name me a price for this garden of yours." They said, "No, by Allah. We ask no price for it except from Allah."

XXXII: The waqf of riding animals, horses, goods and money

Az-Zuhri [was asked] about the one who assigns a thousand dinars for the way of Allah and gives it to a slave of his who is a merchant to trade with and stipulates its profit is sadaqa for the poor and relatives: "Can the man consume any of the profit of that thousand, even if he did not assign its profit as sadaqa for the poor? " He said that he cannot consume any of it.

2623. It is related from Ibn 'Umar gave away (a mount) a horse in the way of Allah. The Messenger of Allah, may Allah bless him and grant him peace, had given it to him so that he could mount a man on it. 'Umar was informed that he had put it up for sale. He asked the Messenger of Allah, may Allah bless him and grant him peace, about buying it and he said, "Do not buy it. Do not take back your sadaqa."

XXXIII: Paying the administrator of a waqf

2624. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "My heirs do not distribute a dinar. What I leave after the expenses of my wives and the payment of my agent is sadaqa."

2625. It is related from Ibn 'Umar that 'Umar put a condition in his waqf that its executor could eat and feed his friend without storing up any property.

XXIV: When land or well is made a waqf and he stipulates for himself the same use of the water as that which is assigned to the Muslims

Anas made a waqf of a house and used to stay there when he went there.

Az-Zubayr gave his house as sadaqa and said that any of his daughters who was divorced should live there without causing harm to others or harm to her. If she was free of need by virtue of having a husband, then she had no right to stay there.

Ibn 'Umar assigned his portion of the house of 'Umar to be lived in by those of the family of 'Abdullah  who were in need.

2626. It is related that when 'Uthman was under siege, he looked down on them and said, "I ask you by Allah, and I ask none but the Companions of the Prophet, do you not know that the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever digs the well of Ruma will have the Garden'? I dug it. Do you not know that he said, 'Whoever provisions the Army of Hardship will have the Garden'?' I provisioned it." He said, "They confirmed what he said."

'Umar said in his waqf, "There is no objection if its trustee consumes some of it." The waqf can be managed by the one who makes it or by someone else can tend it. The expression used includes both.

XXV: When the one making the waqf says, "We do not ask its price except from Allah," that is permitted.

2627. It is related from Anas that the Prophet, may Allah bless him and grant him peace, said, "O Banu'n-Najjar! Name me a price for this garden of yours." They said, "No, by Allah. We ask no price for it except from Allah."

XXXVI: The words of Allah Almighty:

"O you who believe! When one of you is near to death and makes a will, two just men from among you should act as witnesses; or, if you are travelling when the misfortune of death occurs, two men from other than yourselves. You should detain them after the prayer and, if you are doubtful, they should swear by Allah: 'We will not sell it for any price, even to a near relative, and we will not conceal the testimony of Allah. If we did we would indeed be among the wrongdoers.' If it then comes to light that the two of them have merited the allegation of wrongdoing, two others who have the most right to do so should take their place and swear by Allah: 'Our testimony is truer than their testimony. We have not committed perjury. If we had we would indeed be among the wrongdoers.' That makes it more likely that they will give their evidence properly or be afraid that their oaths will be refuted by subsequent oaths. Show fear of Allah and listen carefully. Allah does not guide degenerate people." (5:106-108) "'Uthura" is to be shown. "A'tharna" is "We showed" (18:21)

2628. It is related that Ibn 'Abbas said, "A man went out from the Banu Sahm with Tamim ad-Dari and 'Adi ibn Badda' and the Sahmi man died in a land where there were no Muslims. When they brought his effects, they [the relatives] noticed the absence of a silver goblet with gold engraving. The Messenger of Allah, may Allah bless him and grant him peace, made them take an oath. Then the goblet was found in Makka and they said, 'We bought it from Tamim and 'Adi.' Two of the relatives of the deceased got up and swore, 'Our testimony is truer than their testimony. The goblet belonged to their companion.'" He stated, "It was about them that this ayat was sent down: 'O you who believe! When one of you is near to death and makes a will, two just men from among you should act as witnesses.'"

XXXVII: The executor settling the debts of the deceased without the presence of the heirs

2629. It is related from Jabir ibn 'Abdullah al-Ansari that his father was marytred at Uhud and left six daughters and also left debts. "When the time for harvesting the dates came, I went to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, you know that my father was martyred at Uhud and left many debts. I wish that the creditors would see you.' He said, 'Go and put each type of date in a heap.' I did that. Then I called him. When they saw him, they immediately bombarded me with their claims at that moment. When he saw what they were doing, he walked around the largest heap three times and then sat at it. Then he said, 'Summon your companions.' He continued to weigh out for them until Allah settled the account of my father. By Allah, I would have been pleased if Allah has just settled my father's account and I had not returned with a single date to my sisters. By Allah, the heaps were all whole, and I looked at the heap where the Messenger of Allah, may Allah bless him and grant him peace, had been and it was as if it had not been decreased by a single date!"

Abu 'Abdullah said, "Ughrû bî means they pressed me, as in "We stirred up enmity and hatred between them." (5:14)