Did the Prophet (peace and blessings of Allaah be upon him) give a waqf to Tameem al-Daari in Palestine?

 

I heard that the Messenger of Allaah (peace and blessings of Allaah be upon him) gave al-Khaleel (“Hebron”) in Palestine as a waqf to Banu Tameem, and that he wrote a document to that effect for them, and that ‘Umar ibn al-Khattaab was one of those who witnessed it, and that they still live in al-Khaleel and are insisting on their rights to this waqf. Is this true, even though Palestine at that time was not under Muslim rule?.

Praise be to Allaah.
 

 

It says in a number of reports that the Prophet (peace
and blessings of Allaah be upon him) allocated Bayt Habroon or al-Khaleel
to Tameem al-Daari. 

Al-Haafiz Ibn Hajar (may Allaah have mercy on him) said: 

Tameem ibn Aws ibn Khaarijah Abu Ruqayyah al-Daari moved to
Greater Syria after the assassination of ‘Uthmaan and he settled in Bayt
al-Maqdis (Jerusalem). He converted in the year 9 AH. 

Ya’qoob ibn Sufyaan said: He did not have any sons, but he
had a daughter called Ruqayyah. 

It was narrated from several sources that the Prophet
(peace and blessings of Allaah be upon him) had allocated Bayt Habroon to
him. 

Tahdheeb al-Tahdheeb, 1/449 

It says in Mu’jam al-Buldaan (2/212): 

Habroon is the name of a
town in which is located the grave of Ibraaheem al-Khaleel (peace be upon
him) in Palestine. It is now known as al-Khaleel. 

Tameem al-Daari came with his people to the Prophet
(peace and blessings of Allaah be upon him) and asked him to allocate
Habroon to him, and he responded and wrote a document for him, which says: 

In the name of Allaah, the Most Gracious, the Most Merciful.
This is what Muhammad the Messenger of Allaah has given to Tameem al-Daari
and his companions. I give to you Bayt ‘Aynoon, Habroon, al-Martoom and Bayt
Ibraaheem and all that is in them; I give that to them and to their
descendents for ever and ever. Whoever disputes with them concerning that is
offending Allaah. Witnessed by Abu Bakr ibn Abi Quhaafah, ‘Umar, ‘Uthmaan
and ‘Ali ibn Abi Taalib. End quote. 

At that time Palestine was not under Muslim control, rather
it was ruled by the Byzantines. The Prophet (peace and blessings of
Allaah be upon him) was allocating it for after Allaah enabled (the Muslims)
to conquer it. So in this way the Prophet (peace and blessings of
Allaah be upon him) was foretelling that it would be conquered. 

When it was conquered during the reign of ‘Umar, he fulfilled
the promise of the Messenger of Allaah (peace and blessings of Allaah
be upon him) and Tameem gave it as a waqf to his descendents. This was the
first Islamic waqf ever in Palestine. Al-Maqdisi says in his book Ahsan
al-Taqaaseem fi Ma’rifat al-Aqaaleem: 

… There is a permanent
guest-house with bakers, cooks and servants, which offers lentils in olive
oil to every pilgrim or visitor who passes through the city of al-Khaleel.
This hospitality and food is provided by the waqf of Tameem al-Daari (may
Allaah be pleased with him). 

Al-Qalqashandi said: 

Al-Hamadaani said: The city of al-Khaleel is populated by
Bani Tameem al-Daari (may Allaah be pleased with him), in whose possession
is the document which was written by the Prophet (peace and blessings
of Allaah be upon him) to Tameem and his brothers, allocating to them Bayt
Habroon which is the town of al-Khaleel and some of its outskirts. 

Subh al-A’sha, 1/47 

And Allaah knows best.