I heard that the Messenger of Allah (peace and blessings of Allah 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?.
It says in a number of reports that the Prophet (peace and blessings of Allah be upon him) allocated Bayt Habroon or al-Khaleel to Tameem al-Daari.
Al-Haafiz Ibn Hajar (may Allah 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 Allah 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 Allah 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 Allah, the Most Gracious, the Most Merciful. This is what Muhammad the Messenger of Allah 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 Allah. 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 Allah be upon him) was allocating it for after Allah enabled (the Muslims) to conquer it. So in this way the Prophet (peace and blessings of Allah 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 Allah (peace and blessings of Allah 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 Allah be pleased with him).
Al-Qalqashandi said:
Al-Hamadaani said: The city of al-Khaleel is populated by Bani Tameem al-Daari (may Allah be pleased with him), in whose possession is the document which was written by the Prophet (peace and blessings of Allah 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 Allah knows best.