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[Sharh Muwatta Imam Malik – Shaikh Zubair Ali Zai] – Hadith No.21 –:– The Description (Explanation) of a Life Pension

Itihaf ul-Basim Fi Tahqiq Muwatta al-Imam Malik [Talkhis al-Qabisi] Riwayah Abdur Rahman ibn al-Qasim

Tahqiq, Takhrij, Sharh

Muhadith Zubair Ali Zai

Translated Abu Ubaydah
Translated, Checked & Additional Notes
Abu Hibban & Abu Khuzaimah Ansaari

The Description (Explanation) of a Life Pension

Jabir Ibn Abdullah: One hadith

[21] Malik related to me from Ibn Shihaab from Abu Salamah Ibn Abd ar-Rahman Ibn Awf from Jabir Ibn Abdullah al-Ansari that the Messenger of Allah (Sallalahu Alayhi Was-Sallam) said, “If someone is given a life pension, for him and his posterity, it belongs to the person to whom it has been given. It never reverts to the one who gave it because he gave a gift and the rules of inheritance apply to it.”

[GRADING] – [SAHIH]

Ibn Shihab az-Zuhri clarified hearing (this hadith from Abu Salamah Ibn Abd ar-Rahman) in Nasa’i ((6/276) hadith no.3777)

[REFERENCES] – [MUSLIM]

Al-Muwatta (Yahya’s narration (6/756 hadith no.1517, book 36, chapter 37, hadith no.43) at-Tamhid (7/112) and al-Istidhkar (no.1446)

Transmitted by Muslim (no.1625) from the hadith of Malik.

[UNDERSTANDING FROM THE HADITH]

1) Jabir (RadhiAllahu Anhu) narrated that the life pension which the Messenger of Allah (Sallalahu Alayhi Was-Sallam) permitted is where he says, “This is for you and for your inheritors” and if he says this, “This is for you for however long you live” so the life pension will return back to the person who gave it (after that person receiving the life pension dies). (Imam) Zuhri used to give fatwa in accordance to this. (Sahih Muslim: (23/1625), Dar us-Salam (numbering): (no.4191)

2) The mother of the believers Hafsa daughter of Umar Ibnul Khattab (RadhiAllahu Anha) gave a house to the son of Zayd Ibnul Khattab (RadhiAllahu Anhu) for his lifetime. When Zayd’s (RadhiAllahu Anhu) son died, Abdullah Ibn Umar (RadhiAllahu Anhu) took that house back. He understood that (because he was the inheritor of his sister) this house is his. (Muwatta Imam Malik (2/756) hadith (no.1519), and its chain is authentic)

3) Qasim Ibn Muhammad Ibn Abu Bakrah used to say that I have found the people on this saying that they used to restrict themselves on these terms and conditions for their wealth (property). (Muwatta Imam Malik (2/756) hadith (no.1518), and its chain is authentic)

4) Imam Malik used to say: we act on this in our place (Madinah) that the life pension returns back to the person who gave it on the condition that he didn’t say that ‘this is for you and for your inheritors’. (Muwatta Imam Malik (2/756) under hadith (no.1518))

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