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English translation
1377. Abū Hurairah narrated that the Messenger of Allāh ﷺ said: “The injuries caused by the animal are without liability,[1] and wells are without liability, and mines are without liability, and the Khumus is due on Rikāz.”[2] (Ṣaḥīḥ)
(Another chain) from Abū Hurairah, from the Prophet ﷺ with similar meaning.
[He said:] There are narrations on this topic from Jābir, ‘Amr bin ‘Awf Al-Muzanī, and ‘Ubādah bin Aṣ-Ṣāmit.
[Abū ‘Eisā said:] The Ḥadīth of Abū Hurairah is a Ḥasan Ṣaḥīḥ Ḥadīth.
Al-Anṣārī narrated to us: Ma’n narrated to us, he said: “Mālik bin
nor given away, nor inherited, to be used to produce charity for the needy, those who are near it, for freeing slaves, for the cause of Allāh, the wayfarer, the guest, and that there is no harm on its custodian consuming what is customary from it, or eating from its charity, without trying to amass wealth from it.” (Sahih)
He (Ibn ‘Awn) said: “I mentioned it to Muḥammad bin Sirīn and he said: “Not to amass wealth.”
Ibn [‘Awn] said: “Another man narrated it to me and he said that he read it on a piece of a tanned skin: ‘Not to amass wealth.’”
Ismā‘īl said: And I read it with Ibn ‘Ubaidullāh bin ‘Umar. It said in it: ‘Not to amass wealth.’”
[Abū ‘Eisā said:] This Hadīth is Hasan Sahih. This is acted upon according to the people of knowledge among the Companions of the Prophet ﷺ and others. We do not know of any disagreement among the earlier ones among them over the allowance of granting lands or other things for Waqf.
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Footnotes
1
[1] Meaning the owner of these is not liable for damages others suffer from them.
2
[2] Buried treasure. See no. 642.
Commentary
‘Waqf’ means to stop, and in the Sharī‘ah it means the property, a house or garden, given in charity in the name of Allāh. If the property given in charity is excluded from personal property, it is called an endowment of a trust.
