یہ باب اس شخص کے بیان میں جس کو خیرات دے کرواپس نہ لینا چاہے

Umar ibn Al-Khattab (may Allah be pleased with him) narrated: I donated a horse in the cause of Allah, but the person who had it neglected it. I wanted to buy it, thinking he would sell it cheaply. I asked the Prophet (ﷺ), and he said, "Do not buy it, and do not take back your charity, even if he gives it to you for a dirham. For the one who takes back his charity is like a dog that returns to its vomit." In another narration, "Do not take back your charity, for the one who takes back his charity is like the one who returns to his vomit." [Agreed upon]

(2) The statement: "Do not buy it." In Umdat Al-Qari, it is said: "There is a dislike for a man to buy back his charity, and this is the opinion of Malik, the scholars of Kufa, and Al-Shafi'i, whether the charity was obligatory or voluntary. If someone buys back his charity, the sale is not invalidated, but it is better to avoid it." Ali Al-Qari said: "Some scholars held that it is forbidden for the giver to buy back his charity based on the apparent meaning of the hadith, but the majority view is that it is disliked as a precaution, because the ugliness lies in the fact that the recipient might give the giver a discount due to the prior act of charity, making it akin to taking back the charity in that amount."

(3) The statement: "Do not take back your charity." What is understood from Al-Bukhari's approach is that he does not differentiate between a gift and charity, but this is not the case. A gift can be taken back, with some disagreement and details, unlike charity, which cannot be taken back under any circumstances. This is what Al-Allamah Al-Ayni said in Umdat Al-Qari in the chapter on gifts. The author of Al-Durr Al-Mukhtar said: "Charity is like a gift in that both are voluntary acts, and thus it is not valid unless it is received, nor can it be taken back."

Umar ibn Al-Khattab (may Allah be pleased with him) narrated: I donated a horse in the cause of Allah, but the person who had it neglected it. I wanted to buy it, thinking he would sell it cheaply. I asked the Prophet (ﷺ), and he said, "Do not buy it, and do not take back your charity, even if he gives it to you for a dirham. For the one who takes back his charity is like a dog that returns to its vomit." In another narration, "Do not take back your charity, for the one who takes back his charity is like the one who returns to his vomit." [Agreed upon]

(2) The statement: "Do not buy it." In Umdat Al-Qari, it is said: "There is a dislike for a man to buy back his charity, and this is the opinion of Malik, the scholars of Kufa, and Al-Shafi'i, whether the charity was obligatory or voluntary. If someone buys back his charity, the sale is not invalidated, but it is better to avoid it." Ali Al-Qari said: "Some scholars held that it is forbidden for the giver to buy back his charity based on the apparent meaning of the hadith, but the majority view is that it is disliked as a precaution, because the ugliness lies in the fact that the recipient might give the giver a discount due to the prior act of charity, making it akin to taking back the charity in that amount."

(3) The statement: "Do not take back your charity." What is understood from Al-Bukhari's approach is that he does not differentiate between a gift and charity, but this is not the case. A gift can be taken back, with some disagreement and details, unlike charity, which cannot be taken back under any circumstances. This is what Al-Allamah Al-Ayni said in Umdat Al-Qari in the chapter on gifts. The author of Al-Durr Al-Mukhtar said: "Charity is like a gift in that both are voluntary acts, and thus it is not valid unless it is received, nor can it be taken back."

A woman came to the Messenger of Allah ﷺ and said: 'O Messenger of Allah ﷺ, I gave a servant to my mother for her service, and my mother has passed away (and the servant has returned to me through inheritance). Can I keep her or not?' The Messenger of Allah ﷺ replied: 'You have already received the reward for giving the servant, and now inheritance has returned the servant to you (so you may keep her).' This hadith has been narrated by Muslim.

Buraidah (may Allah be pleased with him) narrated: I was sitting with the Prophet (ﷺ) when a woman came to him and said, "O Messenger of Allah, I gave my slave girl as charity, and she has died." He said, "Your reward is guaranteed, and her inheritance has returned to you." [Narrated by Muslim] In another narration by Ibn Majah, Ibn Umar (may Allah be pleased with him) narrated: The Messenger of Allah (ﷺ) said, "Whoever dies owing fasts, a needy person should be fed on his behalf for each day." In Al-Jawhar Al-Naqi, it is said: "This is a Sahih Hadith." In another narration by Al-Tahawi, Amrah bint Abdur-Rahman said: I asked Aisha, "My mother died owing fasts of Ramadan. Can I fast on her behalf?" She said, "No, but give charity on her behalf for each day to a needy person, which is better than your fasting." In Umdat Al-Qari, it is said: "This is a sahih chain." In a narration by Muslim, she said, "She never performed Hajj. Can I perform Hajj on her behalf?" He said, "Yes, perform Hajj on her behalf."

(1) The statement: "Her inheritance has returned to you." The scholars unanimously agreed that if someone gives charity and then inherits it, it is permissible for them. Ibn Al-Tin said: "A group of Zahiris held a strict view and disliked taking it back through inheritance, saying it must be given to a needy person because it becomes the right of Allah." This reasoning contradicts the text. Do you not see that the Messenger of Allah (ﷺ) allowed the giver to take back his charity when it returned to him through inheritance, while Umar ibn Al-Khattab (may Allah be pleased with him) was prevented from buying back his charity? These two hadiths establish the permissibility of charity returning to the giver by Allah's decree and the dislike of it returning by the giver's own action. This is the summary of what is in Umdat Al-Qari, Al-Mirqat, and Sharh Ma'ani Al-Athar.

Ibn Abbas (may Allah be pleased with him) narrated: Sa’d ibn Ubadah sought the verdict of the Prophet (ﷺ) regarding a vow upon his mother, who died before fulfilling it. He ruled that he should fulfill it on her behalf. [Agreed upon]

Tahawi narrated from Amrah bint Abdur-Rahman, who said: I said to Aishah (may Allah be pleased with her): My mother died with a vow of fasting Ramadan upon her. Is it appropriate for me to fulfill it on her behalf? She said: No, but give charity on her behalf for each day to a poor person, which is better than your fasting. This has an authentic chain.

Nasa’i narrated from Ibn Abbas (may Allah be pleased with him) that the Messenger of Allah (ﷺ) said: “No one prays on behalf of another, but he feeds on his behalf.” In another narration by him from him: “No one fasts on behalf of another, nor prays on behalf of another.” Abdul Razzaq narrated something similar from Ibn Umar (may Allah be pleased with him).

(1) The statement: “He sought the verdict of the Prophet (ﷺ) regarding a vow upon his mother, etc.”: Qadi Iyad said: They differed about the vow of Sa’d’s mother. Some said it was an absolute vow, others said it was fasting, others said emancipation, and others said charity. Each claimant cited hadiths related to the story of Sa’d’s mother. The most apparent is that it was a vow concerning wealth or an unspecified vow. This is supported by what Darqutni narrated from the hadith of Malik, where he said to him, meaning the Prophet (ﷺ): “Distribute water on her behalf.” Our Hanafi scholars specified it to financial acts of worship, not purely physical ones. Ibn Abbas (may Allah be pleased with him) said: “No one fasts on behalf of another, nor prays on behalf of another.” The detail is that a vow is either a physical act of worship or a financial one. If it is a physical act, the heirs may not fulfill it on her behalf due to the prohibition. Nasa’i narrated in his “Sunan al-Kubra” from Ibn Abbas: “No one fasts on behalf of another, nor prays on behalf of another,” and something similar from Ibn Umar. If it is financial and the deceased did not make a bequest, the heirs are not obligated to fulfill it. If the deceased made a bequest to fulfill her vow, the heirs must fulfill it from one-third of his wealth, feeding for each day one sa’ of non-wheat grain or half a sa’ of wheat. This is the view of Abu Hanifah. Shafi’i in his later opinion said: The guardian feeds on behalf of the deceased each day one mudd of wheat for a poor person, and no one fasts on behalf of another. In his earlier opinion: If someone misses something from Ramadan, is able to make it up, then dies without doing so, or similarly for a vow or expiation, it is made up by his guardian, either by fasting on his behalf or feeding from his estate. Nawawi said: The earlier opinion here is more apparent. [Taken from “Al-Mirqat,” “At-Ta’liq al-Mumajjad,” “Badhl al-Majhud,” “Umdat al-Qari,” and “Al-Muswi”]

There are three types of acts of worship: one is purely financial, such as Zakah; another is purely physical, such as prayer; and the third involves both financial and physical aspects, such as Hajj. In purely financial acts of worship (such as Zakah), representation is permissible in both voluntary and obligatory cases, because the purpose is to spend wealth for the sake of Allah, which can be achieved through representation. In purely physical acts of worship, representation is not permissible in any condition (whether healthy or sick), because the objective is to exert oneself, which cannot be achieved through representation. For the third type of worship, which involves both financial and physical aspects, representation is permissible if the person is alive and capable but does not wish to perform it themselves; in such a case, it is permissible to have it performed by someone else. Representation means that a person performs the act of worship on behalf of others.