Umar bin Khattab acquired a piece of land from the Jews of Banu Haritha called Thamgh. He said, "Messenger of Allah, I have acquired valuable property and I wish to give it in charity."He instructed that it be made a charitable endowment, neither to be sold, given as a gift, nor inherited. The people of sound judgment from the family of Umar would administer it, and whatever surplus came from its produce would be allocated to the cause of Allah, wayfarers, the freeing of slaves, the poor, close relatives, and the weak. There would be no blame on its administrator for eating from it in a reasonable manner or feeding a friend, provided he did not amass wealth from it.Hammad said that Amr bin Dinar claimed that Abdullah bin Umar used to send some of its produce as a gift to Abdullah bin Safwan.He said, Hafsa then gave a piece of land of hers in charity on the same terms, and Ibn Umar gave a piece of land of his in charity on the same terms, and Hafsa administered it.
حدثنا يونس حدثنا حماد يعني ابن زيد حدثنا أيوب عن نافع
أن عمر بن الخطاب أصاب أرضا من يهود بني حارثة يقال لها ثمغ فقال يا رسول الله إني أصبت مالا نفيسا أريد أن أتصدق به قال فجعلها صدقة لا تباع ولا توهب ولا تورث يليها ذوو الرأي من آل عمر فما عفا من ثمرتها جعل في سبيل الله تعالى وابن السبيل وفي الرقاب والفقراء ولذي القربى والضعيف وليس على من وليها جناح أن يأكل بالمعروف أو يؤكل صديقا غير متمول منه مالا قال حماد فزعم عمرو بن دينار أن عبد الله بن عمر كان يهدي إلى عبد الله بن صفوان منه قال فتصدقت حفصة بأرض لها على ذلك وتصدق ابن عمر بأرض له على ذلك ووليتها حفصة
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His isnad is sahih. It is a longer version of hadiths 4608, 5179, and 5947. Hafiz gave it a thorough explanation in Fath al-Bari, vol. 5, pp. 298-303, where he gathered most of its transmission routes and wordings. Bayhaqi also gathered many of its transmission routes in Sunan al-Kubra, vol. 6, pp. 158-160, and likewise Daraqutni in his Sunan, pp. 503-505. See also Awn al-Mabud, vol. 3, pp. 75-77.His saying, "It is called Thamgh." We mentioned in the commentary on 5947 that it is a place, and it appears that it was in Khaybar. Hafiz said in Fath al-Bari, vol. 5, p. 299, "It was mentioned earlier in the narration of Sakhr bin Juwayria that its name was Thamgh, and likewise in Ahmad's version from the narration of Ayub [meaning this narration], that Umar acquired land from the Jews of Banu Haritha called Thamgh. The same is found in the aforementioned narration of Saeed bin Salim, and likewise in Daraqutni's version through Darawardi from Abdullah bin Umar, and in Tahawi's version from Yahya bin Saeed."Umar bin Shabba narrated with a sahih isnad from Abu Bakr bin Muhammad bin Amr bin Hazm that Umar saw in a dream, for three nights running, that he should give Thamgh in charity. And Nasai has, in the narration of Sufyan from Abdullah bin Umar, that Umar came and said, "O Messenger of Allah, I have acquired wealth the like of which I have never acquired before. I had a hundred head, and with them I bought a hundred shares of Khaybar from its people."It is possible, then, that Thamgh was among the lands of Khaybar, and that its size corresponded to a hundred of the shares that the Prophet ﷺ distributed among those who were present at Khaybar. These hundred shares are distinct from the hundred shares that belonged to Umar bin Khattab at Khaybar, which he obtained from his own portion of the spoils and otherwise.His saying, "whatever remains of its fruit," means what is clear, net, and left over after its expenses.His saying, "the weak," is how it is established in manuscript H, while in its place other copies have "and the weak," which agrees with most of the narrations of this hadith, and I would have preferred this reading, had I not found, in an abridged narration reported by Bayhaqi, vol. 6, p. 159, through Hammad bin Zayd from Ayub, "So Umar gave it in charity to the weak and the poor." Both meanings are sound.