Explanation of the Book of Fitnahs and Rulings-09a
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The reciter: Ali ibn Abdullah narrated to us, Sufyan narrated to us from al-Zuhri, who said he heard Urwah narrate to us. Abu Hamid al-Sa'idi said: .
Sufyan said: al-Zuhri related this to us, and Hisham added from his father from Abu Hamid: "I heard it with my two ears and saw it with my two eyes. Ask Zayd ibn Thabit, for he heard it with me." al-Zuhri did not say "I heard it with my two ears." Khawar is a sound, and al-Ju'ar is from taj'arun, like the sound of a cow.
The Shaykh : The chapter on gifts to workers, meaning what is given as gifts to workers of alms, workers of mukatab contracts, judges, and others. What is the ruling on them? The scholars said: A gift to a judge, if it is not his custom, is not permissible for him to accept if there is no prior relationship between him and this man. It is not permissible for him to accept it because the man gave it to him to get close to him, hoping for his support. Likewise, if it is his custom to give him gifts, but he has a case pending before him, it is not permissible for him to give him a gift, nor is it permissible for the judge to accept the gift, because the circumstances indicate that this is a bribe. As for the other workers, it is likewise not permissible to give them gifts. The principle in this is that any gift whose cause is employment is forbidden. This is what is known as using one's status; a person uses his status, rank, and position. All of this is not permissible.
The Prophet (peace and blessings be upon him) appointed a man from the Banu Asad, known as Ibn al-Atbiyah, to collect the alms. When he returned, he said, "This is for you, and this was given to me as a gift." The Prophet (peace and blessings be upon him) stood on the pulpit. Sufyan also said: He ascended the pulpit, praised Allah and extolled Him, then said: "What is the matter with the worker whom we send, who comes back saying, 'This is for you and this is for me'? Why did he not sit in his father's and mother's house and see if he would be given a gift or not? By Him in whose hand is my soul, he will not bring anything but he will come on the Day of Resurrection carrying it on his neck. If it is a camel, it will be a bleating camel; if it is a cow, it will be a lowing cow; if it is a sheep, it will be a bleating sheep." Then he raised his hands until we saw the whiteness of his armpits. He said, "Have I not conveyed it?" three times.
استعمل النبي صلى الله عليه وسلم رجلاً من بني أسد يقال له ابن الأتبية على صدقة فلما قدم قال هذا لكم وهذا أهدي لي فقام النبي صلى الله عليه وسلم على المنبر قال سفيان أيضاً فصعد المنبر فحمد الله وأثنى عليه ثم قال : ما بال العامل نبعثه فيأتي يقول هذا لك وهذا لي فهلا جلس في بيت أبيه وأمه فينظر أيهدى له أم لا والذي نفسي بيده لا يأتي بشيء إلا جاء به يوم القيامة يحمله على رقبته إن كان بعيراً له رغاء أو بقرةً لها خوار أو شاةً تيعر ، ثم رفع يديه حتى رأينا عفرتي إبطيه ، ألا هل بلغت . ثلاثاًSufyan said: al-Zuhri related this to us, and Hisham added from his father from Abu Hamid: "I heard it with my two ears and saw it with my two eyes. Ask Zayd ibn Thabit, for he heard it with me." al-Zuhri did not say "I heard it with my two ears." Khawar is a sound, and al-Ju'ar is from taj'arun, like the sound of a cow.
The Shaykh : The chapter on gifts to workers, meaning what is given as gifts to workers of alms, workers of mukatab contracts, judges, and others. What is the ruling on them? The scholars said: A gift to a judge, if it is not his custom, is not permissible for him to accept if there is no prior relationship between him and this man. It is not permissible for him to accept it because the man gave it to him to get close to him, hoping for his support. Likewise, if it is his custom to give him gifts, but he has a case pending before him, it is not permissible for him to give him a gift, nor is it permissible for the judge to accept the gift, because the circumstances indicate that this is a bribe. As for the other workers, it is likewise not permissible to give them gifts. The principle in this is that any gift whose cause is employment is forbidden. This is what is known as using one's status; a person uses his status, rank, and position. All of this is not permissible.