Jihad (Kitab Al-Jihad)

كتاب الجهاد

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.”

Chapter 148: Regarding The Imam Denying The Spoils (Salab To The Person Who Killed, If He Sees Fit To, And The Horse And Weapon Are Parts Of The Spoils (Salab)

‘Awf bin malik Al Ashja’I said “I went out with Zaid bin Harith in the battle of Mutah. For the reinforcement of the Muslim army a man from the people of Yemen accompanied me. He had only his sword with him. A man from the Muslims slaughtered a Camel. The man for the reinforcement asked him for a part of its skin which he gave him. He made it like the shape of a shield. We went on and met the Byzantine armies. There was a man among them on a reddish horse with a golden saddle and golden weapons. This Byzantinian soldiers began to attack the Muslims desperately. The man for reinforcement sat behind a rock for (attacking) him. He hamstrung his horse and overpowered him and then killed him. He took his horse and weapons. When Allah, Most High, bestowed victory on the Muslims. Khalid bin Al Walid sent for him and took his spoils. ‘Awf said “I came to him and said “Khalid, do you know that the Apostle of Allaah(ﷺ) had decided to give spoils to the killer? He said “Yes, I thought it abundant. I said “You should return it to him, or I shall tell you about it before the Apostle of Allaah(ﷺ). But he refused to return it. ‘Awf said “We then assembled with the Apostle of Allaah(ﷺ). I told him the story of the man of reinforcement and what Khalid had done. The Apostle of Allaah(ﷺ) said “Khalid, what made you do the work you have done?” He said “Apostle of Allaah(ﷺ), I considered it to be abundant. The Apostle of Allaah(ﷺ) said “Khalid, return it to him what you have taken from him.” ‘Awf said “I said to him “here you are, Khalid. Did I not keep my word? The Apostle of Allaah(ﷺ) said “What is that? I then informed him.” He said “The Apostle of Allaah(ﷺ) became angry and said “Khalid, do not return it to him. Are you going to leave my commanders? You may take from them what is best for you and eave to them what is worst.

The tradition mentioned above has also been transmitted by ‘Awf bin Malik Al Ashja’I through a different chain of narrators.

Chapter 149: The Spoils(Salab) Are Not Be Subjected To The Khumus

Narrated Awf ibn Malik al-Ashja'i ; Khalid ibn al-Walid

The Messenger of Allah (ﷺ) gave judgement that the killer should have what was taken from the man he killed, and did not make this subject to division into fifths.

Chapter 150: Whoever Finishes Off A Severly Wounded Person, He Is Granted Some Of His Spoils (Salab)

Narrated Abdullah ibn Mas'ud

At the battle of Badr the Messenger of Allah gave me AbuJahl's sword, as I had killed him.

Chapter 151: Regarding Whoever Comes After The Spoils Of War Are Distributed, Then There Is No Share For Him

Abu Hurairah said “I came to Madeenah when the Abu Apostle of Allaah(ﷺ) was in Khaibar, after it was captured. I asked him to give me a share from the booty. A son of Sa’id bin Al ‘As spoke and said “Do not give him any share, Apostle of Allaah(ﷺ). I said “This is the killer of Ibn Qauqal.” (The son of) Sa’id bin Al ‘As said “Oh, how wonderful! A Wabr who came down to us from the peak of Dal blames me of having killed a Muslim whom Allaah honored at my hands and did not disgrace me at his hands. Abu Dawud said “They were about ten persons. Six of them were killed and the remaining returned.

Narrated Abdullah ibn Umar

The Messenger of Allah (ﷺ) stood up, i.e. on the day of Badr, and said: Uthman has gone off on the business of Allah and His Apostle, and I shall take the oath of allegiance on his behalf. The Messenger of Allah (ﷺ) then allotted him a share, but did not do so for anyone else who was absent.

Chapter 152: Regarding A Woman And A Slave Being Given Something From The Spoils

Yazid bin Humruz said “Najdah Al Hururi wrote to Ibn ‘Abbas asking him whether the women participated in battle along with the Apostle of Allaah(ﷺ) and whether they were allotted a share from the spoils. I (Yazid bin Hurmuz) wrote a letter on behalf of Ibn ‘Abbas to Najdah. They participated in the battle along with the Apostle of Allaah(ﷺ), but no portion (from the spoils) was allotted to them, they were given only a little of it.

Chapter 154: Alloting Two Shares For The Horse

Ibn ‘Umar said “The Apostle of Allaah(ﷺ) allotted three portions for a man and his horse, one for him and two for his horse.

Narrated AbuUmrah (al-Ansari?)

We four persons, came to the Messenger of Allah (ﷺ), and we (i.e. each one of us) had horses. He therefore, allotted one portion for each of us, and two portions for his horse.

Chapter 156: Regarding The Nafl

Narrated Abdullah ibn Abbas

The Messenger of Allah (ﷺ) said on the day of Badr: He who does such-and-such, will have such-and such. The young men came forward and the old men remained standing near the banners, and they did not move from there. When Allah bestowed victory on them, the old men said: We were support for you. If you had been defeated, you would have returned to us. Do not take this booty alone and we remain (deprived of it). The young men refused (to give), and said: The Messenger of Allah (ﷺ) has given it to us. Then Allah sent down: "They ask thee concerning (things taken as) spoils of war, Say: (Such) spoils are at the disposal of Allah and the Apostle......Just as they Lord ordered thee out of thy house in truth, even though a party among the believers disliked it." This proved good for them. Similarly obey me. I know the consequence of this better than you.

Mus’ab bin Sa’d reported on the authority of his father (Sa’ad bin Abi Waqqas) “I brought a sword to the Prophet(ﷺ) on the day of the Badr and I said (to him) Apostle of Allaah(ﷺ), Allaah has healed up my breast from the enemy today, so give me this sword. He said “This sword is neither mine nor yours. I then went away saying “today this will be given to a man who has not been put to trial like me. Meanwhile a messenger and came to me and said “Respond, I thought something was revealed about me owing to my speech. I came and the Prophet (ﷺ) said to me “You asked me for this sword, but this was neither mine nor yours. Now Allaah has given it to me, hence it is yours. He then recited “they ask thee concerning (things taken as) spoils of war. Say “(Such) spoils are at the disposal of Allaah and the Apostle. Abu Dawud said “According to the reading of the Qur’an of Ibn Mas’ud the verse goes. They ask thee concerning (things taken as ) spoils of war.

Chapter 166: Regarding Sending Messengers

Narrated Abdullah ibn Mas'ud

Harithah ibn Mudarrib said that he came to Abdullah ibn Mas'ud and said (to him): There is no enmity between me and any of the Arabs. I passed a mosque of Banu Hanifah. They (the people) believed in Musaylimah. Abdullah (ibn Mas'ud) sent for them. They were brought, and he asked them to repent, except Ibn an-Nawwahah. He said to him: I heard the Messenger of Allah (ﷺ) say: Were it not that you were not a messenger, I would behead you. But today you are not a messenger. He then ordered Qarazah ibn Ka'b (to kill him). He beheaded him in the market. Anyone who wants to see Ibn an-Nawwahah slain in the market (he may see him).

Chapter 156: Regarding The Nafl

The tradition mentioned above has been transmitted by Dawud with a different chain of narrators. He said “The Apostle of Allaah(ﷺ) apportioned it (spoils of war) equally. The tradition of Khalid is more perfect.

Chapter 158: Regarding Whoever Said That The Khumus Is Before The Nafl

Narrated Habib ibn Maslamah al-Fihri

The Messenger of Allah (ﷺ) would give a third of the spoils after he would keep off the fifth.

Narrated Habib ibn Maslamah

The Messenger of Allah (ﷺ) used to give a quarter of the booty as reward after the fifty had been kept off, and a third after the fifth had been kept off when he returned.

Chapter 159: The Spoils Acquired By A Detachment Should Be Divided Among The Whole Army

Salamah (bin Al ‘Akwa) said “Abd Al rahman bin ‘Uyainah raided the Camels of the Apostle of Allaah(ﷺ) and killed their herdsman. He and some people who were with him on horses proceeded on driving them away. I turned my face towards Madeenah and shouted three times. A morning raid, I then went after the people shooting arrows at them and hamstringing them (their beasts). When a horseman returned to me, I sat in the foot of a tree till there was no riding beast of the Prophet (ﷺ) created by Allaah which I had not kept behind my back. They threw away more than thirty lance and thirty cloaks to lighten themselves. Then ‘Uyainah came to them with reinforcement and said “A few of you should go to him. Four of them stood and came to me. They ascended a mountain. Then they came near me till they could hear my voice. I told them “Do you know me?” They said “Who are you? I replied “I am Ibn Al ‘Akwa. By Him Who honored the face of Muhammad (ﷺ) if any man of you pursues he cannot catch me and if I pursue him, I will not miss him. This went on with me till I saw the horsemen of the Apostle of Allaah(ﷺ) coming through the trees. Al Akhram Al Asadi was at their head. He then joined ‘Abd Al Rahman bin ‘Uyainah and ‘Abd Al Rahman turned over him. They attacked each other with lances. Al Akhram hamstrung ‘Abd Al Rahman’s horse and ‘Abd Al Rahman pierced a lance in his body and killed him. ‘Abd al Rahman then returned on the horse of Al Akhram. I then came to the Apostle of Allaah(ﷺ) who was present at the same water from where I drove them away and which is known as Dhu Qarad. The Prophet (ﷺ) was among five hundred people. He then gave me two portions a horseman’s and a footman’s.

Chapter 161: Regarding The Imam Taking Something From The Fa'i For Himself

Narrated Amr ibn Abasah

The Messenger of Allah (ﷺ) led us in prayer facing a camel which had been taken in booty, and when he had given the salutation, he took a hair from the camel's side and said: I have no right as much as this of your booty, but only to the fifth. and the fifth is returned to you.