to seek [to marry] with your wealth" (Quran 4:24). And it is something with which seeking marriage is permissible. Abu Talhah said to the Prophet (may Allah bless him and grant him peace): "My most beloved property to me is Bayruha'," meaning a garden. Umar said: "I acquired land in Khaybar; I have never acquired property more precious to me than it." Abu Qatada said: "I bought a makhraf (orchard), and it was the first property I ever established." In the hadith: "The best of property is a branded mare or a fruitful horse." It is said: "The best of property is a flowing spring on soft land." And because it is called property, he violates his oath by it, just like Zakat-eligible property. As for His saying: "And from their wealth, there is a right..." the "right" here is other than Zakat, because this Surah is Meccan, and it was revealed before the obligation of Zakat, for Zakat was only obligated in Medina. Furthermore, even if the right were Zakat, there is no proof in it, for if a right exists within a portion of property, it is within the property, just as whoever is in a room within a house or a town is within the house and within the town. Allah the Almighty said: "And in the heaven is your provision and whatever you are promised" (Quran 51:22). It does not necessitate that it be in all its regions. Then, if this implied
(65) In B there is an addition: "{...chaste, not unlawful sexual intercourse}" (Quran 4:24). (66) Extracted by Al-Bukhari, in: The Chapter on Zakat upon Relatives, from the Book of Zakat; in: The Chapter: If a man says to his agent, "Place it where Allah shows you," from the Book of Agency; in: The Chapter: If one endows or bequeaths to his relatives..., from the Book of Wills; in: The Chapter: "{Never will you attain the good [reward] until you spend [in the way of Allah] from that which you love}" (Quran 3:92), from the Book of Commentary; and in: The Chapter on Making Water Sweet, from the Book of Drinks. Sahih al-Bukhari 2/148, 3/134, 135, 4/7, 6/46, 7/142. Also Muslim, in: The Chapter on the Merit of Spending and Charity upon Relatives, from the Book of Zakat. Sahih Muslim 2/693, 694. Al-Darimi, in: The Chapter: Which Charity is Best, from the Book of Zakat. Sunan al-Darimi 1/390. Imam Malik, in: The Chapter on Encouragement toward Charity, from the Book of Charity. Al-Muwatta 2/995, 996. Imam Ahmad, in: Al-Musnad 3/141, 262. (67) In M: "property in the land of Khaybar". (68) In M: "property at all". (69) Extracted by Abu Dawood, in: The Chapter on what has been said regarding a man making an endowment, from the Book of Wills. Sunan Abi Dawood 2/105. (70) Al-makhraf: an orchard, or date palms. See: Al-Fa'iq 1/359. (71) Its extraction preceded in: 13/63, 64. (72) Its extraction preceded in: 6/130. (73) In M: "from". (74) In A and M there is an addition: "in". (75) The word "in" was omitted from: M. (76) Surah Al-Dhariyat 22. It did not appear in the original, A, or B: "{and whatever you are promised}". (77) In M: "all".
