Sahih al-Bukhari, 2313
sahihNarrated `Amr:
Concerning the Waqf of `Umar: It was not sinful of the trustee (of the Waqf) to eat or provide his friends from it, provided the trustee had no intention of collecting fortune (for himself). Ibn `Umar was the manager of the trust of `Umar and he used to give presents from it to those with whom he used to stay at Mecca.
حَدَّثَنَا قُتَيْبَةُ بْنُ سَعِيدٍ، حَدَّثَنَا سُفْيَانُ، عَنْ عَمْرٍو، قَالَ فِي صَدَقَةِ عُمَرَ ـ رضى الله عنه ـ لَيْسَ عَلَى الْوَلِيِّ جُنَاحٌ أَنْ يَأْكُلَ وَيُؤْكِلَ صَدِيقًا {لَهُ} غَيْرَ مُتَأَثِّلٍ مَالاً، فَكَانَ ابْنُ عُمَرَ هُوَ يَلِي صَدَقَةَ عُمَرَ يُهْدِي لِلنَّاسِ مِنْ أَهْلِ مَكَّةَ، كَانَ يَنْزِلُ عَلَيْهِمْ.
Isnad
3 transmittersReferences2 variants
- In-Book Reference
- Book 40, Hadith 13
- USC-MSA web (English) reference
- Vol. 3, Book 38, Hadith 507 (deprecated numbering scheme)
Sharh · explanationclick to expand
A trustee of someone’s property is enjoined to preserve it and forbidden from wasting and destroying it. The Laws of Islam clarified the permissible ways in which a trustee may avail himself of the (endowed) property entrusted to him. In this report, the Taabi’ee (a Muslim who saw at least one of the Companions) ‘Amr ibn Dinaar stated regarding the Waqf endowed by ‘Umar (may Allah be pleased with him), that that a trustee or administrator of the Waqf bears no sin for availing himself of the property under his care reasonably, and availing his friends of it, provided that he does not hold the intention of collecting a fortune for himself. ‘AbdullahIbn ‘Umar (may Allah be pleased with him) managed the Waqf of his father and used to offer gifts from it to those with whom he used to stay at Makkah. It was said that they were the family of ‘Abdullah, Khaalid ibn Usayd ibn Abee Al-‘Aas. Ibn ‘Umar (may Allah be pleased with him) offered these gifts from the endowed property in compliance with the specified condition; he (may Allah be pleased with him) either availed his friends of it, which is allowable, or preserved his own share (i.e., fees) to gift it to his friends. It is noteworthy that this is different from the case when one is entrusted with someone’s wealth, other than Waqf, and he disposes of it without the principal’s permission, which is impermissible. It is deduced from the hadeeth that when someone endows a property for the benefit of a specific category of beneficiaries and his own son happens to fit the profile, he is considered one of the specified beneficiaries (and may avail himself of it). .