Jihad (Kitab Al-Jihad)

كتاب الجهاد

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 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 146: The Prohibition Of Harboring A Person Who Committed Ghulul

Narrated Samurah ibn Jundub

The Prophet (ﷺ) said: To begin with, anyone who conceals one who has been dishonest about booty is like him.

Chapter 147: Regarding The Salab (Spoils) Being Given To The Person Who Killed

Abu Qatadah said “We went out with the Apostle of Allaah(ﷺ) in the year of Hunain. And when the armies met, the Muslims suffered a reverse. I saw one of the polytheists prevailing over a Muslim, so I went round him till I came to him from behind and struck him with my sword at the vein between his neck and shoulder. He came towards me and closed with me, so that I felt death was near, but he was overtaken by death and let me go. I then caught upon on “Umar bin Al Khattab and said to him “What is the matter with the people?” He said “It is what Allaah has commanded. Then the people returned and the Apostle of Allaah(ﷺ)sat down and said “If anyone kills a man and can prove it, he will get his spoil. I stood up and said “Who will testify for me? I then sat down.” He said again “If anyone kills a man and can prove it, he will get his spoil. I stood up and said “Who will testify for me? I then sat down.” He then said the same for the third time. I then stood up. The Apostle of Allaah(ﷺ) said “What is the matter with you, Abu Qatadah? I told him the story. A man from the people said “He has spoken the truth, and I have this spoil with me, so make him agreeable (to take something in exchange). Abu Bakr said “In that case I swear by Allaah that he must not do so. One of the Allaah’s heroes does not fight for Allaah and his Apostle and then give you his spoil. The Apostle of Allaah(ﷺ) said “He has spoken the truth, hand it over to him. Abu Qatadah said “he handed it over to me, I sold the coat of mail and brought a garden among Banu Salamh. This was the first property I acquired in the Islamic period.

Chapter 127: Killing A Captive Without Inviting Him To Islam

Narrated Sa'd

On the day when Mecca was conquered, the Messenger of Allah (ﷺ) gave protection to the People except four men and two women and he named them. Ibn AbuSarh was one of them.

He then narrated the tradition. He said: Ibn AbuSarh hid himself with Uthman ibn Affan. When the Messenger of Allah (ﷺ) called the people to take the oath of allegiance, he brought him and made him stand before the Messenger of Allah (ﷺ). He said: Messenger of Allah, receive the oath of allegiance from him. He raised his head and looked at him thrice, denying him every time. After the third time he received his oath. He then turned to his Companions and said: Is not there any intelligent man among you who would stand to this (man) when he saw me desisting from receiving the oath of allegiance, and kill him? They replied: We do not know, Messenger of Allah, what lies in your heart; did you not give us an hint with your eye? He said: It is not proper for a Prophet to have a treacherous eye.

Abu Dawud said: 'Abd Allah (b. Abi Sarh) was the foster brother of 'Uthman, and Walid b. 'Uqbah was his brother by mother, and 'Uthman inflicted on him hadd punishment when he drank wine.

Chapter 130: Regarding The Generosity In Freeing A Captive Without Any Ransom

Anas said “Eighty Meccans came down from the mountain of Al Tan’im against the Prophet(ﷺ) and his Companions at the (time of the) dawn prayer to kill them. The Apostle of Allaah(ﷺ) took them captive without fighting and the Apostle of Allaah(ﷺ) set them free. Thereupon Allaah Most High sent down “He it is Who averted their hands from you and your hands from them in the valley of Makkah,” till the end of the verse.

Jubair bin Mut’im reported the Prophet (ﷺ) as saying about the prisoners taken at Badr. If Mut’im bin ‘Adi had been alive and spoken to me about these filthy ones, I would have left them for him.

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 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 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 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.

Chapter 145: Regarding Punishing The One Who Commits Ghulul

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).

Chapter 147: Regarding The Salab (Spoils) Being Given To The Person Who Killed

Anas reported the Apostle of Allaah(ﷺ) as saying “He who kills and infidel gets his spoil.” Abu Talhah killed twenty men that day meaning the day of Hunain and got their spoils. Abu Talhah met Umm Sulaim who had a dagger with her. He asked “What is with you, Umm Sulaim”? She replied “I swear by Allaah, I intended that if anyone came near me I would pierce his belly with it. Abu Talhah informed the Apostle of Allaah(ﷺ)about it. Abu Dawud said “This is good (hasan) tradition." Abu Dawud said “By this was meant dagger. The weapon used by the Non – Arabs in those days was dagger.”

Chapter 129: To Kill A Captive With An Arrow

Narrated Ibn Ti'li

We fought along with AbdurRahman ibn Khalid ibn al-Walid. Four infidels from the enemy were brought to him. He commanded about them and they were killed in confinement.

Abu Dawud said: The narrators other than Sa'id reported from Ibn Wahb in this tradition: "(killed him) with arrows in confinement." When Abu Ayyub al-Ansari was informed about it, he said: I heard the Messenger of Allah (ﷺ) prohibiting to kill in confinement. By Him in Whose hands my soul is, if there were a hen, I would not kill it in confinement. 'Abd al-Rahman b. Khalid b. al-Walid was informed about it (the Prophet's prohibition). He set four slaves free.

Chapter 131: Regarding Ransoming Captives With Wealth

Narrated Abdullah ibn Abbas

The Prophet (ﷺ) fixed the ransom of the people of pre-Islamic Arabia at four hundred dirhams per head on the day of the battle of Badr.

Narrated Abdullah ibn Amr ibn al-'As

The Messenger of Allah (ﷺ) then said: Return to them (Hawazin) their women and their sons. If any of you withholds anything from this booty, we have six camels for him from the first booty which Allah gives us. The Prophet (ﷺ) then approached a camel, and taking a hair from its hump said: O people, I get nothing of this booty, not even this (meanwhile raising his two fingers) but the fifth, and the fifth is returned to you, so hand over threads and needles. A man got up with a ball of hair in his hand and said: I took this to repair the cloth under a pack-saddle. The Messenger of Allah (ﷺ) said: You can have what belongs to me and to the Banu al-Muttalib. He said: If it produces the result that I now realise, I have no desire for it.

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

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 143: Regarding The Gravity Of Ghulul

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.”