Hadithcore
Sahih al-Bukhari, 3059
sahih

Narrated Aslam:

`Umar bin Al-Khattab appointed a freed slave of his, called Hunai, manager of the Hima (i.e. a pasture devoted for grazing the animals of the Zakat or other specified animals). He said to him, "O Hunai! Don't oppress the Muslims and ward off their curse (invocations against you) for the invocation of the oppressed is responded to (by Allah); and allow the shepherd having a few camels and those having a few sheep (to graze their animals), and take care not to allow the livestock of `Abdur-Rahman bin `Auf and the livestock of (`Uthman) bin `Affan, for if their livestock should perish, then they have their farms and gardens, while those who own a few camels and those who own a few sheep, if their livestock should perish, would bring their dependents to me and appeal for help saying, 'O chief of the believers! O chief of the believers!' Would I then neglect them? (No, of course). So, I find it easier to let them have water and grass rather than to give them gold and silver (from the Muslims' treasury). By Allah, these people think that I have been unjust to them. This is their land, and during the prelslamic period, they fought for it and they embraced Islam (willingly) while it was in their possession. By Him in Whose Hand my life is! Were it not for the animals (in my custody) which I give to be ridden for striving in Allah's Cause, I would not have turned even a span of their land into a Hima."

حَدَّثَنَا إِسْمَاعِيلُ، قَالَ حَدَّثَنِي مَالِكٌ، عَنْ زَيْدِ بْنِ أَسْلَمَ، عَنْ أَبِيهِ، أَنَّ عُمَرَ بْنَ الْخَطَّابِ ـ رضى الله عنه ـ اسْتَعْمَلَ مَوْلًى لَهُ يُدْعَى هُنَيًّا عَلَى الْحِمَى فَقَالَ يَا هُنَىُّ، اضْمُمْ جَنَاحَكَ عَنِ الْمُسْلِمِينَ، وَاتَّقِ دَعْوَةَ الْمَظْلُومِ، فَإِنَّ دَعْوَةَ الْمَظْلُومِ مُسْتَجَابَةٌ، وَأَدْخِلْ رَبَّ الصُّرَيْمَةِ وَرَبَّ الْغُنَيْمَةِ، وَإِيَّاىَ وَنَعَمَ ابْنِ عَوْفٍ، وَنَعَمَ ابْنِ عَفَّانَ، فَإِنَّهُمَا إِنْ تَهْلِكْ مَاشِيَتُهُمَا يَرْجِعَا إِلَى نَخْلٍ وَزَرْعٍ، وَإِنَّ رَبَّ الصُّرَيْمَةِ وَرَبَّ الْغُنَيْمَةِ إِنْ تَهْلِكْ مَاشِيَتُهُمَا يَأْتِنِي بِبَنِيهِ فَيَقُولُ يَا أَمِيرَ الْمُؤْمِنِينَ‏.‏ أَفَتَارِكُهُمْ أَنَا لاَ أَبَا لَكَ فَالْمَاءُ وَالْكَلأُ أَيْسَرُ عَلَىَّ مِنَ الذَّهَبِ وَالْوَرِقِ، وَايْمُ اللَّهِ، إِنَّهُمْ لَيَرَوْنَ أَنِّي قَدْ ظَلَمْتُهُمْ، إِنَّهَا لَبِلاَدُهُمْ فَقَاتَلُوا عَلَيْهَا فِي الْجَاهِلِيَّةِ، وَأَسْلَمُوا عَلَيْهَا فِي الإِسْلاَمِ، وَالَّذِي نَفْسِي بِيَدِهِ لَوْلاَ الْمَالُ الَّذِي أَحْمِلُ عَلَيْهِ فِي سَبِيلِ اللَّهِ مَا حَمَيْتُ عَلَيْهِمْ مِنْ بِلاَدِهِمْ شِبْرًا‏.‏

References2 variants
In-Book Reference
Book 56, Hadith 264
USC-MSA web (English) reference
Vol. 4, Book 52, Hadith 292 (deprecated numbering scheme)
Sharh · explanationclick to expand
‘Umar ibn Al-Khattaab(may Allah be pleased with him) was an exemplary and just ruler and is still referred to as theepitome of justice and mindfulness of Allah, Exalted is He, regarding Muslims’ funds entrusted to him, and the duty of governing Muslims’ religious and worldly affairs. In this hadeeth, the Taabi‘ee (Follower) Aslam, the freed slave of ‘Umar ibn Al-Khattaab, narrated that ‘Umar (may Allah be pleased with him) appointed a freed slave of his, called Hunayy, as the manager of the Himaa (i.e., preserves, protected areas, pasture devoted for grazing the animals of the Zakaah or other specified animals), allocated for grazing the animals (camels, horses, and other animals) of Zakaah that belonged to the Muslim Treasury, and no other animals were allowed to graze therein. ‘Umar (may Allah be pleased with him) had declared this pasture as Himaa. He (may Allah be pleased with him) said to him, "O Hunayy! Do not oppress the Muslims, and ward off their curse (invocations against you), for the invocation of the oppressed is responded to (by Allah),” as there is no veil between it and Allah, “and allow the shepherd having a few camels” below thirty, “and those having a few sheep (to graze their animals), and take care not to allow the livestock of ‘Abd Al-Rahmaan ibn ‘Awf and the livestock of (‘Uthmaan) ibn ‘Affaan,” because they were rich and owned much livestock. He (may Allah be pleased with him) did not mean that their livestock must be denied access to the Himaa in all cases, but rather when the pasture could only accommodate the livestock of one of the two parties. In this case, the owners of fewerlivestock should be given priority. This was because if the livestock of ‘Abd Al-Rahmaan ibn ‘Awf and the livestock of ‘Uthmaan ibn ‘Affaanwere denied access to the Himaa, they had their farms and gardens, while those who owned fewer camels and sheep, if their livestock were denied access, they would bring their dependents and appeal for help saying, 'O Commander of the Believers! O Commander of the Believers!' He (may Allah be pleased with him) would not let them down and would have to compensate them by paying them gold and silver to satisfy their needs. He (may Allah be pleased with him) said: “So, I find it easier to let them have water and grass rather than to give them gold and silver (from the Muslims' Treasury).” ‘Umar (may Allah be pleased with him) added: “By Allah, these people,” meaning the owners of few camels and sheep in Al-Madeenah, “think that I have been unjust to them. This is their land, and during the pre-Islamic period, they fought for it, and they embraced Islam (willingly) while it was in their possession.” This is contrary to the situation of those who embraced Islam after conquests and their lands were seized as spoils of war and Fay’ (i.e., war-gains taken by Muslims from the disbelievers without fighting), because their lands and properties were seized by force. It was acceptable for ‘Umar (may Allah be pleased with him) to do as he did because this protected pasture was uncultivated and deserted, and he (may Allah be pleased with him) declared it Himaa, for the benefit of all Muslims. ‘Umar (may Allah be pleased with him) said: “By Him in Whose Hand my life is! Were it not for the animals (in my custody) which I give to be ridden for striving in Allah's Cause,” meaning the camels and horses used for Jihaad purposes, “I would not have turned even a span of their land into a Himaa,” declaring any area as protected pasture and denying Muslims access to it. The hadeeth underlines ‘Umar’s strength, good judgment, and compassion for Muslims. The hadeeth warns against the supplication of theoppressed person against the oppressor. It is deduced from the hadeeth that the pasture must not be allocated for the livestock of rich owners rather than those of the poor ones. It is also inferred therefrom that the Imaam (i.e., ruler) may investigate different alternatives and opt for what serves the best interests of people. It is also deduced that the Imaam should give precedence to the interests of the poor people over those of the rich. .
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