If it is said: It is possible that it was a habīs (endowment) in the path of Allah, so he forbade him [from buying it] for that reason. We say: If it were a habīs, the one in whose hand it is would not have sold it, nor would 'Umar have intended to purchase it. Rather, he would have denounced the seller and forbidden him, for he would not approve of an evil act, so how could he perform it or assist in it? Furthermore, the Prophet (peace and blessings of Allah be upon him) did not denounce its sale; he only denounced 'Umar's purchase, explaining it by the fact that he would be returning to his charity.
Secondly, we argue based on the generality of the wording without considering the specific reason [for the ruling]. For the Prophet (peace and blessings of Allah be upon him) said: "Do not return to your charity"—meaning through purchase—"for the one who returns to his charity is like the one who returns to his vomit." Relying on the generality of the wording is better than adhering to the specific cause. If it is said: The wording does not encompass purchase, for returning to charity is taking it back without compensation and annulling the contract, similar to returning a gift. The evidence for this is the saying of the Prophet (peace and blessings of Allah be upon him): "The one who returns to his gift is like the one who returns to his vomit." And if one were to gift something to a person and then purchase it from him, it would be permissible. We say: The Prophet (peace and blessings of Allah be upon him) mentioned that in response to 'Umar when he asked him about purchasing the horse. Therefore, if the wording did not
Zakat. 'Aridat al-Ahwadhi 3/174. And al-Nasa'i, in: Chapter on Purchasing Charity, from the Book of Zakat. Al-Mujtaba 5/82. And Ibn Majah, in: Chapter on Returning in Charity, from the Book of Zakat. Sunan Ibn Majah 2/799. And Imam Malik, in: Chapter on Purchasing Charity and Returning In It, from the Book of Zakat. Al-Muwatta 1/282. And Imam Ahmad, in: Al-Musnad 1/25, 37, 40, 54, 2/7, 34, 55, 103. (9) In [Copies] A, B, and M: "habsan". (10) In the original, [Copies] A and M: "li-lladhī". (11) Omitted from: the original and [Copy] M. (12) In [Copies] A, B, and M: "istirjā'ihā". (13) Reported by al-Bukhari, in: Chapter on A Man's Gift to His Wife, from the Book of Gifts, and in: Chapter on Gifts and Preemption, from the Book of Legal Stratagems. Sahih al-Bukhari 3/207, 9/35. And Muslim, in: Chapter on the Prohibition of Returning in Charity..., from the Book of Gifts. Sahih Muslim 3/1241. And Abu Dawud, in: Chapter on Returning in a Gift, from the Book of Sales. Sunan Abi Dawud 2/261. And al-Nasa'i, in: Chapter on a Father's Return in What He Gives His Child, and Chapter on Mentioning the Difference Regarding the Hadith of 'Abd Allah ibn 'Abbas on It, and Chapter on Mentioning the Difference of Opinion Regarding Tawus in One Who Returns in His Gift, from the Book of Gifts, and in: Chapter on Mentioning the Difference Regarding Abu al-Zubayr, from the Book of Ruqba. Al-Mujtaba 6/222, 225, 227. And Imam Ahmad, in: Al-Musnad 1/217, 250, 280, 291, 327, 339, 342, 345, 2/182.