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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 4 · Page 103

Translation · EN

except for five [categories]: a man who purchases it with his wealth." Sa'id narrated in his "Sunan" that a man gave charity to his mother and then she died, so he asked the Prophet (peace and blessings of Allah be upon him) and he said: "Allah has accepted your charity, and the inheritance has returned it to you." This is in the meaning of purchasing it. Furthermore, because that which is valid to be possessed through inheritance is also valid to be possessed through purchase, just like all other properties. Our evidence is what 'Umar narrated, that he said: "I carried [a person] on a horse in the path of Allah, but the one who had it neglected it, and I thought that he was going to sell it for a low price, so I wanted to buy it. I asked the Messenger of Allah (peace and blessings of Allah be upon him), and he said: 'Do not buy it, and do not return to your charity, even if he gives it to you for a dirham; for the one who returns to his charity is like the dog that returns to its vomit.'" Agreed upon.

Notes

(4) The full hadith will appear during issue 427. It was also reported by Abu Dawud, in: Chapter on Who Is Permitted to Take Charity While Wealthy, from the Book of Zakat. Sunan Abi Dawud 1/380. And Ibn Majah, in: Chapter on Who Is Permitted to Receive Charity, from the Book of Zakat. Sunan Ibn Majah 1/590. And Imam Malik, in: Chapter on Taking Charity and Who Is Permitted to Take It, from the Book of Zakat. Al-Muwatta 1/268. And Imam Ahmad, in: Al-Musnad 3/56. (5) A similar narration was reported by Muslim, in: Chapter on Compensating for Fasting on Behalf of the Deceased, from the Book of Fasting. Sahih Muslim 2/805. And Abu Dawud, in: Chapter on Someone Who Gave Charity Then Inherited It, from the Book of Zakat, and in: Chapter on What Is Mentioned Regarding a Man Who Gives a Gift Then Is Bequeathed It or Inherits It, from the Book of Wills, and in: Chapter on Fulfilling a Vow on Behalf of the Deceased, from the Book of Oaths. Sunan Abi Dawud 1/385, 2/105, 212. And al-Tirmidhi, in: Chapter on What Is Mentioned About the Giver of Charity Inheriting His Charity, from the Chapters of Zakat. 'Aridat al-Ahwadhi 3/173. And al-Bayhaqi, in: Chapter on Who Said It Is Permissible to Purchase [It] With Dislike..., from the Book of Zakat. Al-Sunan al-Kubra 4/151. And Imam Ahmad, in: Al-Musnad 5/349, 351, 359, 361. (6) In [Copy] B: "He possesses it". (7) In [Copies] A and M: "He sold it". (8) Reported by al-Bukhari, in: Chapter on Is It Permissible to Buy One's Charity..., from the Book of Zakat, and in: Chapter on It Is Not Permissible for Anyone to Return in His Gift or Charity, and Chapter on If a Man Carries [Someone] on a Horse It Is Like 'Umra and Charity, from the Book of Gifts, and in: Chapter on Endowing Animals, Weaponry, Assets, and Currency, from the Book of Wills, and in: Chapter on Military Grants and Transportation in the Path of Allah, and Chapter on If He Carries [Someone] on a Horse and Sees It Being Sold, from the Book of Jihad. Sahih al-Bukhari 2/157, 3/215, 218, 4/15, 64, 71. And Muslim, in: Chapter on Dislike of a Person Purchasing What He Gave in Charity from the Person to Whom He Gave It, from the Book of Gifts. Sahih Muslim 3/1239, 1240. Also reported by Abu Dawud, in: Chapter on A Man Purchasing His Charity, from the Book of Zakat. Sunan Abi Dawud 1/369. And al-Tirmidhi, in: Chapter on What Is Mentioned Regarding the Dislike of Returning in Charity, from the Chapters of 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.

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