Hadith 2290

Al-Kafāla (i.e., the pledge given by somebody to the creditor to guarantee that the debtor will be present at a certain specific place to pay his debt or fine, or to undergo a punishment, etc.) in loans and debts with oneself or other things (e.g., one's money).

English source

Darussalam · Volume 3

39 - THE BOOK OF AL-KAFĀLA

Sahih al-Bukhari Darussalam English translation

Arabic source

Shamela Arabic edition

الحديث: 2290 ¦ الجزء: 3 ¦ الصفحة: 95

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English translation

2290. Narrated Muḥammad bin 'Umar Al-Aslamī that his father Ḥamza said: 'Umar رضي الله عنه sent him (i.e., Ḥamza) as a Ṣadaqa/Zakāt collector. A man had committed illegal sexual intercourse with the slave-girl of his wife. Ḥamza took (personal) sureties for the adulterer till they came to 'Umar. 'Umar had lashed the adulterer one hundred lashes. 'Umar confirmed their claim (that the adulterer had already been punished) and excused him because of being ignorant.(1) Jarīr Al-Ash'ath said to Ibn Mas'ūd regarding renegades (i.e., those who became infidels after embracing Islām), "Let them repent and take (personal) sureties for them." They repented and their relatives stood sureties for them.(2) On hearing the story, Ḥamza said to the man, "I will definitely stone you (in punishment of the crime)." The people said, "The case had been taken to 'Umar (the caliph) who gave him one hundred lashes but did not sentence him to stoning." Somebody stood surety for the man. When Ḥamza came to 'Umar, 'Umar confirmed their claim and said that he had not stoned him, because he had committed illegal sexual intercourse ignorantly (i.e., he thought that it was legal for him to have sexual relation with his wife's slave-girl). (Ibid p. 374). (2) (Ch. 2290) The story of the renegades was narrated by Ḥārītha bin Madrab, who= According to Hammād, if somebody stands surety for another person and that person dies, the person giving surety will be released from responsibility. According to Al-Ḥakam, his responsibility continues.

Arabic text

2290 - وَقَالَ أَبُو الزِّنَادِ: عَنْ مُحَمَّدِ بْنِ حَمْزَةَ بْنِ عَمْرٍو الأَسْلَمِيِّ، عَنْ أَبِيهِ، أَنَّ عُمَرَ رَضِيَ اللَّهُ عَنْهُ، بَعَثَهُ مُصَدِّقًا، فَوَقَعَ رَجُلٌ عَلَى جَارِيَةِ امْرَأَتِهِ، فَأَخَذَ حَمْزَةُ مِنَ الرَّجُلِ كَفِيلًا حَتَّى قَدِمَ عَلَى عُمَرَ، وَكَانَ عُمَرُ قَدْ جَلَدَهُ مِائَةَ جَلْدَةٍ، فَصَدَّقَهُمْ وَعَذَرَهُ بِالْجَهَالَةِ وَقَالَ جَرِيرٌ، وَالأَشْعَثُ، لِعَبْدِ اللَّهِ بْنِ مَسْعُودٍ: «فِي المُرْتَدِّينَ اسْتَتِبْهُمْ وَكَفِّلْهُمْ، فَتَابُوا، وَكَفَلَهُمْ عَشَائِرُهُمْ» وَقَالَ حَمَّادٌ: «إِذَا تَكَفَّلَ بِنَفْسٍ فَمَاتَ فَلاَ شَيْءَ عَلَيْهِ»، وَقَالَ الحَكَمُ: «يَضْمَنُ»

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Footnotes

1
(1) (H. 2290) This is an abridged version of a long story which goes: 'Umar sent Ḥamza to collect Zakāt. A man argued with his wife before Ḥamza. He told her to pay the Zakāt of the wealth of her slave-girl's son, while she told him to pay the Zakāt of his son's wealth. Ḥamza asked what the matter was. He was told that the man was the husband of that woman and that he had committed illegal sexual intercourse with her slave-girl who gave birth to a boy. The woman manumitted the boy who inherited the wealth from his mother.