Aslam

Question may arise-how can an unlawful thing be given in charity when he has got no right tot do it ? In support of this, there are traditions of the Prophet. When cooked mutton was presented to the Prophet , the mutton informed him that it was unlawful. The Prophet then ordered it to be given in charity saying : Give it to the war prisoners for eating. Once the property of gambling was brought by Abu Bakr to the Prophet who said : It is unlawful. Give it in charity. Hazrat Ibn Masud purchased a ' slave — girl but he could not find her master inspite of continued search. Then he gifted away her price to the poor on behalf of the master. Imran, Ahmad . Hares and Mohasabi supported this view. Where the owner is not found, either such an unlawful property shall be destroyed or spent for the good of the people.
The latter method is better. The Prophet said : A cultivator or a planter of trees will get rewards for the crops and fruits which the people and birds and beasts eat. The rule that except the lawful things nothing can be given in charity applies to the case where we seek rewards for charity. In the case of charity of unlawful things, we seek salvation only for ourselves.

The saying — what we love for ourselves, we should love for others is true, but in case of charity of unlawful things, it is unlawful for our enjoyment, but lawful for the poor. If the receiver of unlawful property is himself poor, and the owner is not traceable, he can legally use it up to the limit of necessity for himself and for his family members. The Quran also allowed eating of unlawful foods like wine in case of extreme necessity to save life.

SECTION 5 ALLOWANCES AND GIFTS OF RULERS AND KINGS

A man is required to look to three things, in accepting the allowances and gifts from the rulers and kings — (1) the source of wealth. (2) the right of acquring it, and (3) the quantity of lawful and unlawful things there in.

78 The Book of Wordly Usages Vol-II