The Prophet (ﷺ) said: If anyone intercedes for his brother and he presents a gift to him for it and he accepts it, he approaches a great door of the doors of usury.
My father gave me a gift. The narrator Isma'il b. Salim said: (He gave me) his slave as a gift. My mother 'Umrah daughter of Rawahah said: Go to the Messenger of Allah and call him as witness. He then came to the Prophet (ﷺ) and mentioned it to him. He said him: I have given my son al-Nu'man a gift, and 'Umrah has asked me to call you as witness to it. He asked him: Have you children other than him? He said: I replied: Yes. He again asked: Have you given the rest of them the same as you have given al-Nu'man ? He said: No. Some of these narrators said in their version (that the Prophet said:) This in injustice. The others said in their version (that the Prophet said:) This is under force. So call some other person than me as witness to it. Mughirah said in his version: (The Prophet asked): Are you not pleased with the fact that all of them may be equal in virtue and grace ? He replied: Yes. He said: Then call some other person than me as witness to it. Mujahid mentioned in his version: They have right to you that you should do justice to them, as you have right to them that they should do good to you.
Abu Dawud said: In the version of al-Zuhri some (narrators) said: (Have you given) to all your sons ? and some (narrators) said: Your children. Ibn Abi Khalid narrated from al-Sha'bi in his version: Have your sons other than him ? Abu al-Duha narrated on the authority of al-Nu'man b. Bashir: Have you children other than him ?
That his father had given him a slave. The Messenger of Allah (ﷺ) said: What is this slave ? He replied: This is my slave which my father has given me. He asked: Has he given all your brothers the same as he has given you? He replied: No. He then said: Return it, then.
Chapter 1330: Regarding A Man Who Favors One Of His Children In Presents (An-Nuhl) - كتاب الإجارة
حَدَّثَنَا مُحَمَّدُ بْنُ رَافِعٍ، حَدَّثَنَا يَحْيَى بْنُ آدَمَ، حَدَّثَنَا زُهَيْرٌ، عَنْ أَبِي الزُّبَيْرِ، عَنْ جَابِرٍ، قَالَ قَالَتِ امْرَأَةُ بَشِيرٍ انْحَلِ ابْنِي غُلاَمَكَ وَأَشْهِدْ لِي رَسُولَ اللَّهِ صلى الله عليه وسلم فَأَتَى رَسُولَ اللَّهِ صلى الله عليه وسلم فَقَالَ إِنَّ ابْنَةَ فُلاَنٍ سَأَلَتْنِي أَنْ أَنْحَلَ ابْنَهَا غُلاَمًا وَقَالَتْ لِي أَشْهِدْ رَسُولَ اللَّهِ صلى الله عليه وسلم . فَقَالَ " لَهُ إِخْوَةٌ " . فَقَالَ نَعَمْ . قَالَ " فَكُلَّهُمْ أَعْطَيْتَ مِثْلَ مَا أَعْطَيْتَهُ " . قَالَ لاَ . قَالَ " فَلَيْسَ يَصْلُحُ هَذَا وَإِنِّي لاَ أَشْهَدُ إِلاَّ عَلَى حَقٍّ " .
Narrated Jabir:
Bashir's wife said (to her husband): Give my son your slave, and call the Messenger of Allah (ﷺ) as witness for me. So he came to the Messenger of Allah (ﷺ) and said: The daughter of so-and-so has asked me to give her som my slave and said to me: Call the Messenger of Allah (ﷺ) as witness for her. He asked: Has he brothers? He replied: Yes. He again asked: Has he given them all the same as you have given him? He replied: No. He said: This is not good, and I will be a witness to what it right.
On his father's authority, said that his grandfather reported the Messenger of Allah (ﷺ) as saying: It is not permissible for a woman to present a gift from the property which she has in her possession when her husband owns her chastity.
The tradition mentioned above has also been narrated by Jabir from the Prophet (ﷺ) to the same effect through a different chain of narrators.
Abu Dawud said:
A similar tradition has also been transmitted by al-Laith b. Sa'd from al-Zuhri, from Abu Salamah from Jabir.
The Messenger of Allah (ﷺ) as saying: If anyone has property given him in life-tenancy for the use of himself and his descendants, it belongs to the one to whom it is given and does not return to the one who gave it, because he gave a gift which may be inherited.
The tradition mentioned above has also been transmitted by Ibn Shihab (Al-Zuhri) through a different chain of narrators and to the same effect.
Abu Dawud said:
A similar tradition has been transmitted by 'Aqil from Ibn Shihab and by Yazid b. Abi Habib from Shihab. Al-Auza'i's wordings vary from those of Ibn Shihab. Fulaih b. Sulaiman also narrated the tradition like that of Malik.
The life-tenancy which the Messenger of Allah (ﷺ) allowed was only that one should say: It is for you and your descendants. When he says: It is yours as long as you live, it returns to its owner.
Chapter 1333: Life-Long Gift With Mention Of Descendants - كتاب الإجارة
حَدَّثَنَا إِسْحَاقُ بْنُ إِسْمَاعِيلَ، حَدَّثَنَا سُفْيَانُ، عَنِ ابْنِ جُرَيْجٍ، عَنْ عَطَاءٍ، عَنْ جَابِرٍ، أَنَّ النَّبِيَّ صلى الله عليه وسلم قَالَ
" لاَ تُرْقِبُوا وَلاَ تُعْمِرُوا فَمَنْ أُرْقِبَ شَيْئًا أَوْ أُعُمِرَهُ فَهُوَ لِوَرَثَتِهِ " .
Narrated Jabir ibn Abdullah:
The Prophet (ﷺ) said: Do not give property to go to the survivor and do not give life-tenancy. If anyone is given something to the survivor or given life-tenancy, it goes to his heirs.
The Messenger of Allah (ﷺ) decided a case of a woman from the Ansar to whom an orchard of date-palms was given by her son. She then died. Her son said: I gave it to her for her life, and she has brothers. Thereupon the Messenger of Allah (ﷺ) said: It belongs to her during her life and after death. He then said: I gave a sadaqah (charity to her. He replied: It is more unexpected from you.
Chapter 1334: Regarding A Gift Given To The Last One (Of The Giver And Recipient Who Remains) Alive - كتاب الإجارة
حَدَّثَنَا أَحْمَدُ بْنُ حَنْبَلٍ، حَدَّثَنَا هُشَيْمٌ، أَخْبَرَنَا دَاوُدُ، عَنْ أَبِي الزُّبَيْرِ، عَنْ جَابِرٍ، قَالَ قَالَ رَسُولُ صلى الله عليه وسلم
" الْعُمْرَى جَائِزَةٌ لأَهْلِهَا وَالرُّقْبَى جَائِزَةٌ لأَهْلِهَا " .
Narrated Jabir ibn Abdullah:
The Prophet (ﷺ) said: Life-tenancy is lawful for the one to whom it is given and donation of property to go to the survivor is lawful to whom it is given.
The Prophet (ﷺ) said: If anyone gives something in life-tenancy, it belongs to the one to whom it is given, in his life and after his death; and do not give property to go to the survivor, for if anyone gives something to to to the survivor, it belongs to him.
'Umra' means that a man says to another man: It belongs to you so long as you live. When he says that, it belongs to him and to his heirs. Ruqba means that a man says to another: From me and from you.
The Prophet (ﷺ) as saying: The hand which takes is responsible till it pays. Then al-Hasan forgot and said: (If you give something on loan to a man), he is your depositor ; there is no compensation (for it) on him.
The Messenger of Allah (ﷺ) borrowed coats of mail from him on the day of (the battle of) Hunayn. He asked: Are you taking them by force. Muhammad? He replied: No, it is a loan with a guarantee of their return.
Abu Dawud said: This tradition narrated by Yazid (b. Harun) at Baghdad. There is some change in the tradition narrated by him at Wasit, which is something different.
Chapter 1335: Regarding Liability For Something Borrowed - كتاب الإجارة
حَدَّثَنَا أَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ، حَدَّثَنَا جَرِيرٌ، عَنْ عَبْدِ الْعَزِيزِ بْنِ رُفَيْعٍ، عَنْ أُنَاسٍ، مِنْ آلِ عَبْدِ اللَّهِ بْنِ صَفْوَانَ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ " يَا صَفْوَانُ هَلْ عِنْدَكَ مِنْ سِلاَحٍ " . قَالَ عَارِيَةً أَمْ غَصْبًا قَالَ " لاَ بَلْ عَارِيَةً " . فَأَعَارَهُ مَا بَيْنَ الثَّلاَثِينَ إِلَى الأَرْبَعِينَ دِرْعًا وَغَزَا رَسُولُ اللَّهِ صلى الله عليه وسلم حُنَيْنًا فَلَمَّا هُزِمَ الْمُشْرِكُونَ جُمِعَتْ دُرُوعُ صَفْوَانَ فَفَقَدَ مِنْهَا أَدْرَاعًا فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم لِصَفْوَانَ " إِنَّا قَدْ فَقَدْنَا مِنْ أَدْرَاعِكَ أَدْرَاعًا فَهَلْ نَغْرَمُ لَكَ " . قَالَ لاَ يَا رَسُولَ اللَّهِ لأَنَّ فِي قَلْبِي الْيَوْمَ مَا لَمْ يَكُنْ يَوْمَئِذٍ . قَالَ أَبُو دَاوُدَ وَكَانَ أَعَارَهُ قَبْلَ أَنْ يُسْلِمَ ثُمَّ أَسْلَمَ .
Narrated Some people:
AbdulAziz ibn Rufay' narrated on the authority of some people from the descendants of Abdullah ibn Safwan who reported the Messenger of Allah (ﷺ) as saying: Have you weapons, Safwan? He asked: On loan or by force? He replied: No, but on loan. So he lent him coats of mail numbering between thirty and forty! The Messenger of Allah (ﷺ) fought the battle of Hunayn. When the polytheists were defeated, the coats of mail of Safwan were collected. Some of them were lost. The Messenger of Allah (ﷺ) said to Safwan: We have lost some coats of mail from your coats of mail. Should we pay compensation to you? He replied: No. Messenger of Allah, for I have in my heart today what I did not have that day.
Abu Dawud said: He lent him before embracing Islam. Then he embraced Islam.
I heard the Messenger of Allah (ﷺ) Said: Allah , Most Exalted, has appointed for everyone who has a right what is due to him, and no will be made to an heir, and a woman should not spend anything from her house except with the permission of her husband. He was asked: Even foodgrain, Messenger of Allah? He replied: That is the best of our property. He then said: A loan must be paid back, a she-camel lent for a time for milking must be returned, a debt must be discharged, one who stands surety is held responsible.