10 - Chapter on Zakat Regarding Slaves

1594 - Muhammad ibn al-Muthanna and Muhammad ibn Yahya ibn Fayyad narrated to us, both saying: Abd al-Wahhab narrated to us, Ubaydullah narrated to us, from a man, from Makhul, from Irak ibn Malik, from Abu Hurayrah, from the Prophet, peace and blessings be upon him, who said: "There is no zakat on horses or slaves, except the zakat of Fitr regarding slaves."(1)

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= I had given a horse in the cause of Allah, and the one who had it neglected it. I wanted to buy it back, thinking that he would sell it cheaply. So I asked the Prophet, peace and blessings be upon him, 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 the one who takes back his vomit."

Ibn Majah also recorded it (2390) via the route of Aslam, from Umar ibn al-Khattab, with this wording, in abbreviated form: "Do not take back your charity."

It is also found in "Musnad Ahmad" (258) and (281), and in "Sahih Ibn Hibban" (5125).

Regarding his statement, "And do not take back your charity," al-Hafiz said: He called buying it cheaply a return of the charity, because the purpose of charity is the reward of the Hereafter. So if one buys it cheaply, it is as if he chose the goods of this world over the Hereafter, especially since custom dictates that such a thing would be sold cheaply to someone other than the giver of charity—how then with the giver himself? Thus he becomes one who takes back that amount in which he was shown leniency.

This contains evidence that the horse given in charity was not given as an endowment (waqf), but rather it became his property to ride in battle. For if it had been an endowment, it would not have been valid for him to buy it. This was stated by al-Qastalani.

Ibn Battal said: Most scholars disapproved of a man buying his own charity, based on the hadith of Umar, may Allah be pleased with him. This is the view of Malik, the Kufans, and al-Shafi'i, whether the charity was obligatory or voluntary. If someone buys his own charity, his sale is not annulled, but it is more proper for him to refrain from it.

(1) The hadith is authentic, but this chain of transmission is weak due to the unnamed narrator from Makhul. And Makhul, although he met Irak ibn Malik, did not hear this particular hadith from him, as will be mentioned later.

Al-Nasa'i also recorded it in "Al-Kubra" (2260) via the route of Ismail ibn Umayyah, from Makhul, with this wording.

It is also found in "Musnad Ahmad" (7757).