Jihad (Kitab Al-Jihad)

كتاب الجهاد

Chapter 133: Regarding Separating Captives

Narrated Ali ibn AbuTalib

Ali separated between a slave-girl and her child. The Prophet (ﷺ) prohibited it and made the sale transactions withdrawn.

Abu Dawud said: The narrator Maimun (b. Abi Shaib) did not meet 'Ali. He (Maimun) was killed in the battle of Jamajim in 83 A.H.

Abu Dawud said: The battle of Harrah took place in 63 A.H., and Ibn al-Zubair was killed in 73 A.H.

Chapter 134: The Permissiong To Separate In The Case Of Those (Captives) Who Reached Puberty

Salamah said “We went out (on an expedition) with Abu Bakr. The Apostle of Allaah(ﷺ) appointed him commander over us. We attacked Fazarah and took them from all sides. I then saw a group of people which contained children and women. I shot an arrow towards them, but it fell between them and the mountain. They stood; I brought them to Abu Bakr. There was among them a woman of Fazarah. She wore a skin over her and her daughter who was the most beautiful of the Arabs was with her. Abu Bakr gave her daughter to me as a reward. I came back to Madeenah. The Apostle of Allaah(ﷺ) met me and said to me “Give me the woman, Salamah. I said to him, I swear by Allaah, she is to my liking and I have not yet untied he garment. He kept silence, and when the next day came the Apostle of Allaah(ﷺ) met me in the market and said to me “Give me the woman, Salamah, by Allaah, your father. I said the Apostle of Allaah, I have not yet untied her garment. I swear by Allaah, she is now yours. He sent her to the people of Makkah who had (some Muslims) prisoners in their hands. They released them for this woman.

Chapter 135: Regarding Muslims Wealth That The Enemy Acquires, Then Its Owner Finds In Among The Spoils

Narrated Abdullah ibn Umar

Nafi' said that a slave of Ibn Umar ran away to the enemy, and then the Muslims overpowered them. The Messenger of Allah (ﷺ) returned him to Ibn Umar and that was not distributed (as a part of booty).

Abu Dawud said: The other narrators said: Khalid b. al-Walid returned him to him (Ibd 'Umar).

Nafi said that a horse of Ibn ‘Umar went away and the enemy seized it. The Muslims overpowered them. Khalid bin Walid returned it to him after the Prophet (ﷺ).

Chapter 136: Regarding Slavs Of The Idolaters Who Join the Muslims And Accept Islam

Narrated Ali ibn AbuTalib

Some slaves (of the unbelievers) went out to the Messenger of Allah (ﷺ) on the day of al-Hudaybiyyah before treaty. Their masters wrote to him saying: O Muhammad, they have not gone out to you with an interest in your religion, but they have gone out to escape from slavery. Some people said: They have spoken the truth, Messenger of Allah, send them back to them. The Messenger of Allah (ﷺ) became angry and said: I do not see your restraining yourself from this action), group of Quraysh, but that Allah send someone to you who strike your necks. He then refused to return them, and said: They are emancipated (slaves) of Allah, the Exalted.

Chapter 137: Permitting Food In The Land Of The Enemy

Narrated Abdullah ibn Umar

In the time of the Messenger of Allah (ﷺ) an army got food and honey and a fifth was not taken from them.

‘Abd Allaah bin Mughaffal said “On the day of Khaibar a skin of fat was hanging. I came to it and clung to it. I then said (i.e., thought) I shall not give any one any of it today. I then turned round and saw the Apostle of Allaah(ﷺ) smiling at me.

Chapter 138: Regarding The Prohibition Of Plundering When Food Is Scarce In The Land Of The Enemy

Narrated AbdurRahman ibn Samurah ibn Kabul

AbuLabid said: We were with AbdurRahman ibn Samurah ibn Kabul. The people got booty and plundered it. He stood and addressed (the people): I heard the Messenger of Allah (ﷺ) prohibiting getting property from the booty before its distribution. Therefore, they returned what they had taken, He then distributed it among them.

Narrated Abdullah ibn AbuAwfa

Muhammad ibn AbulMujahid reported Abdullah ibn AbuAwfa as saying: I asked: Did you set aside the fifth of the food in the time of the Messenger of Allah (ﷺ)? He replied: On the day of Khaybar we captured food and a man would come and take as much food of it as needed and then go away.

Narrated A man of the Ansar

Kulayb reported from a man of the Ansar. He said: We went out with the Messenger of Allah (ﷺ) on a journey. The people suffered from intense need and strain. They gained booty and then plundered it. While our pots were boiling the Messenger of Allah (ﷺ) came walking with his bow touching the ground. He turned over our pots with his bow and smeared the meat with the soil, and said: "Plunder is more unlawful than carrion," or he said: "Carrion is more unlawful than plunder." The narrator Hannad was doubtful.

Chapter 139: Regarding Carrying Food Out Of The Land Of The Enemy

Narrated One of the Companion

Al-Qasim, the client of AbdurRahman, quoted one of the Companion of the Prophet (ﷺ) as saying: We would eat a camel on an expedition without dividing it, and when we returned to our dwellings our saddle-bags would be full with its flesh.

Chapter 140: Regarding Selling Food When There Is Surplus For The People In The Land Of The Enemy

Narrated Mu'adh ibn Jabal

AbdurRahman ibn Ghanam said: We were stationed at the frontiers of the city of Qinnisrin with Shurahbil ibn as-Simt. When he conquered it, he got sheep and cows there. He distributed some of them amongst us, and deposited the rest of them in the spoils of war. I met Mu'adh ibn Jabal and mentioned it to him. Mu'adh said: we went on an expedition of Khaybar along with the Messenger of Allah (ﷺ) and we got spoils there. The Messenger of Allah (ﷺ) divided them among us and placed the rest of them in the booty.

Chapter 141: Regarding A Man Benefits From Something In The Spoils

Narrated Ruwayfi' ibn Thabit al-Ansari

The Prophet (ﷺ) said: He who believes in Allah and the Last Day must not ride on packhorse belonging to the booty of the Muslims and put it back when he has emaciated it; and he who believes in Allah and the Last Day must not wear a garment belonging to the booty of the Muslims and put it back when he made it threadbare.

Chapter 142: Regarding The Permissibility Of Using The Weapons That Have Been Used For Fighting In The Battlefield

Narrated Abdullah ibn Mas'ud

I passed when AbuJahl had fallen as his foot was struck (with the swords). I said: O enemy of Allah, AbuJahl, Allah has disgraced a man who was far away from His mercy. I did not fear him at that moment. He replied: It is most strange that a man has been killed by his people. I struck him with a blunt sword. But it did not work, and then his sword fell down from his hand, I struck him with it until he became dead.

Chapter 143: Regarding The Gravity Of Ghulul

Narrated Zayd ibn Khalid al-Juhani

A man from the Companions of the Prophet (ﷺ) died on the day of Khaybar. They mentioned the matter to the Messenger of Allah. He said: Offer prayer over your companion. When the faces of the people looked perplexed, he said: Your companion misappropriated booty in the path of Allah. We searched his belongings and found some Jewish beads not worth two dirhams.

Abu Hurairah said “We went out along with the Apostle of Allaah(ﷺ) in the year of Khaibar. We did not get gold or silver in the booty of war except clothes, equipment and property. The Apostle of Allaah(ﷺ) sent (a detachment) towards Wadi Al Qura. The Apostle of Allaah(ﷺ) was presented a black slave called Mid’am. And while they were in Wadi Al Qura and Mid’am was unsaddling a Camel belonging to the Apostle of Allaah(ﷺ) he was struck by a random arrow which killed him. The people said “Congratulations to him, he will go to paradise. But the Apostle of Allaah(ﷺ) said “Not at all. By Him in Whose hand my soul is the cloak he took on the day of Khaibar from the spoils which was not among the shares divided will blaze with fire upon him. When they (the people) heard that, a man brought a sandal strap or two sandal straps to the Apostle of Allaah(ﷺ). The Apostle of Allaah(ﷺ) said “A sandal strap of fire or two sandal straps of fire.”

Chapter 144: Regarding The Imam Leaving the Ghulul When It Is Minimal, And Not Burning The Equipment

Narrated Abdullah ibn Amr ibn al-'As

When the Messenger of Allah (ﷺ) gained booty he ordered Bilal to make a public announcement. He made a public announcement, and when the people brought their booty, he would take a fifth and divide it. Thereafter a man brought a halter of hair and said: Messenger of Allah, this is a part of the booty we got. He asked: Have you heard Bilal making announcement three times? He replied: Yes. He asked: What did prevent you from bringing it? He made some excuse, to which he said: Be (as you are), you may bring it on the Day of Judgment, for I shall not accept it from you.

Chapter 145: Regarding Punishing The One Who Commits Ghulul

Narrated Umar ibn al-Khattab

Salih ibn Muhammad ibn Za'idah (AbuDawud said: This Salih is AbuWaqid) said: We entered the Byzantine territory with Maslamah. A man who had been dishonest about booty was brought.

He (Maslamah) asked Salim about him. He said: I heard my father narrating from Umar ibn al-Khattab from the Prophet (ﷺ). He said: When you find a man who has been dishonest about booty, burn his property, and beat him. He beat him. He said: We found in his property a copy of the Qur'an. He again asked Salim about it. He said: Sell it and give its price in charity.

Salih bin Muhammad said “We went out on an expedition with Al Walid bin Hisham and Salim bin ‘Abd Allaah bin ‘Umat and ‘Umar bin ‘Abd Al Aziz were with us. A man had been dishonest about booty. Al Walid ordered to burn his property and it was circulated (among the people). He did not give him his share. Abu Dawud said “This is sounder of the two traditions. Others narrated that Al Walid bin Hashim burnt the Camel saddle of Ziyad bin Sa’d “He had been dishonest about booty and he beat him.”

Narrated Abdullah ibn Amr ibn al-'As

The Messenger of Allah (ﷺ), AbuBakr and Umar burned the belongings of anyone who had been dishonest about booty and beat him.

Abu Dawud said: 'Ali b. Bahr added on the authority of al-Walid, and I did not hear (a tradition) from him: And they denied him his share."

Abu Dawud said: This tradition has also been transmitted by al-Walid b. 'Utbah from 'Abd al-Wahhab b. Najdah; They said: This has been transmitted by al-Walid, from Zuhair b. Muhammad, from 'Amr b. Shu'aib. 'Abd al-Wahhab b. Najdah al-Huti did not mention the words "He denied him his share" (as narrated by 'Ali b. Bahr from al-Walid).