Jihad (Kitab Al-Jihad)
كتاب الجهاد
Chapter 155: Regarding Giving Only One Portion (For The Horse)
Mujammi' was one of the Qur'an-reciters (qaris), and he said: We were present with the Messenger of Allah (ﷺ) at al-Hudaybiyyah. When we returned, the people were driving their camels quickly.
The people said to one another: What is the matter with them?
They said: Revelation has come down to the Prophet (ﷺ). We also proceeded with the people, galloping (our camels). We found the Prophet (ﷺ) standing on his riding-animal at Kura' al-Ghamim.
When the people gathered near him, he recited: "Verily We have granted thee a manifest victory.
A man asked: Is this a victory, Messenger of Allah? He replied: Yes. By Him in Whose hands the soul of Muhammad is, this is a victory. Khaybar was divided among those who had been at al-Hudaybiyyah, and the Messenger of Allah (ﷺ) divided it into eighteen portions. The army consisted of one thousand five hundred men, of which three hundred were cavalry, and he gave two shares to a horseman and one to a foot-soldier.
Abu Dawud said: Abu Mu'awiyah's tradition is sounder, and it is one which is followed. I think the error is in the tradition of Mujammi', because he said: "three hundred horsemen." when there were only two hundred.
Chapter 156: Regarding The Nafl
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.
The Messenger of Allah (ﷺ) said on the day of Badr: He who kills a man will get such-and-such, and he who captivates a man will get such-and-such. The narrator then transmitted the rest of the tradition in a similar manner. The tradition of Khalid is more perfect.
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.
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 157: Regarding The Nafl In The Case Of Detachement Of The Army
The Messenger of Allah (ﷺ) sent us along with an army towards Najd, and he sent a detachment of that army (to face the enemy). The whole army got twelve camels per head as their portion, but he gave the detachment one additional camel (apart from the division made to the army). Thus they got thirteen camels each (as a reward).
Al Walid bin Muslim said “I narrated this tradition (mentioned above) to Ibn Al Mubarak and said “And similarly it has been narrated by Ibn Abi Farwah to us on the authority of Nafi’(as narrated by Shu’aib). He (Ibn Al Mubarak) said “Those whom you have named cannot be equal to Malik i.e, Malik bin Anas.
The Messenger of Allah (ﷺ) sent a detachment to Najd. I went out along with them, and got abundant riches. Our commander gave each of us a camel as a reward. We then came upon the Messenger of Allah (ﷺ) and he divided the spoils of war among us. Each of us received twelve camels after taking a fifth of it. The Messenger of Allah (ﷺ) did not take account of our companion (i.e. the commander of the army), nor did he blame him for what he had done. Thus each man of us had received thirteen camels with the reward he gave.
Nafi’ reported on the authority of ‘Abd Allaah bin ‘Umar “The Apostle of Allaah(ﷺ) sent a detachment towards Najd. ‘Abd Allaah bin ‘Umar also accompanied it. They gained a large number of Camels as a booty. Their portion was twelve Camels each and they were rewarded (in addition) one Camel each. The version of Ibn Mawhab added “The Apostle of Allaah(ﷺ) did not change it”
‘Abd Allaah (bin ‘Umar) said “The Apostle of Allaah(ﷺ) sent us along with a detachment. The share of each was twelve Camels. The Apostle of Allaah(ﷺ) gave each one of us a Camel as a reward. Abu Dawud said “Burd bin Sinan narrated a similar tradition from Nafi’ as narrated by ‘Ubaid Allaah. Ayyub also narrated from Nafi’ a similar tradition, but his version goes “We were rewarded one Camel each. He did not mention the Prophet (ﷺ).
The Messenger of Allah (ﷺ) used to give to some of the detachments he sent out (something extra) for themselves in particular apart from the division made to the whole army. The fifth is necessary in all that.
The Messenger of Allah (ﷺ) went out on the day of Badr along with three hundred and fifteen (men). The Messenger of Allah (ﷺ) said: O Allah, they are on foot, provide mount for them; O Allah , they are naked, clothe them; O Allah, they are hungry, provide food for them. Allah then bestowed victory on them. They returned when they were clothed. There was no man of them but he returned with one or two camels; they were clothed and ate to their fill.
Chapter 158: Regarding Whoever Said That The Khumus Is Before The Nafl
The Messenger of Allah (ﷺ) would give a third of the spoils after he would keep off the fifth.
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.
Makhul said: I was the slave of a woman of Banu Hudhayl; afterwards she emancipated me. I did not leave Egypt until I had acquired all the knowledge that seemed to me to exist there.
I then came to al-Hijaz and I did not leave it until I had acquired all the knowledge that seemed to be available.
Then I came to al-Iraq, and I did not leave it until I had acquired all the knowledge that seemed to be available.
I then came to Syria, and besieged it. I asked everyone about giving rewards from the booty. I did not find anyone who could tell me anything about it.
I then met an old man called Ziyad ibn Jariyah at-Tamimi. I asked him: Have you heard anything about giving rewards from the booty? He replied: Yes. I heard Maslamah al-Fihri say: I was present with the Prophet (ﷺ).
He gave a quarter of the spoils on the outward journey and a third on the return journey.
Chapter 159: The Spoils Acquired By A Detachment Should Be Divided Among The Whole Army
The Messenger of Allah (ﷺ) said: Muslims are equal in respect of blood. The lowest of them is entitled to give protection on behalf of them, and the one residing far away may give protection on behalf of them. They are like one hand over against all those who are outside the community. Those who have quick mounts should return to those who have slow mounts, and those who got out along with a detachment (should return) to those who are stationed. A believer shall not be killed for an unbeliever, nor a confederate within the term of confederation with him.
Ibn Ishaq did not mention retaliation and equality in respect of blood.
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 160: Regarding The Nafl Of Gold And Silver, And From The Spoils Gained In The Beginning (Of The Battle)
AbulJuwayriyyah al-Jarmi said: I found a red pitcher containing dinars in Byzantine territory during the reign of Mu'awiyah. A man from the Companions of the Prophet (ﷺ) belonging to Banu Sulaym was our ruler. He was called Ma'an ibn Yazid. I brought it to him. He apportioned it among the Muslims. He gave me the same portion which he gave to one of them. He then said: Had I not heard the Messenger of Allah (ﷺ) say: There is no reward except after taking the fifth (from the booty), I would have given you (the reward). He then presented his own share to me, but I refused.
The tradition mentioned above has also been transmitted by ‘Asim bin Kulaib through a different chain of narrators to the same effect.
Chapter 161: Regarding The Imam Taking Something From The Fa'i For Himself
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.