Jihad

Yahya related to me from Malik from Ibn Shihab that al-Qasim ibnMuhammad said that he had heard a man asking ibn Abbas about booty.Ibn Abbas said, "Horses are part of the booty and personal effects areas well."

Then the man repeated his question, and Ibn Abbasrepeated his answer. Then the man said, "What are the spoils which He,the Blessed, the Exalted, mentioned in His Book?" He kept on askinguntil Ibn Abbas was on the verge of being annoyed, then Ibn Abbassaid, "Do you know who this man is like? Ibn Sabigh, who was beaten byUmar ibn al-Khattab because he was notorious for asking foolishquestions."

Yahya said that Malik was asked whether someonewho killed one of the enemy could keep the man's effects without thepermission of the Imam. He said, "No one can do that without thepermission of the Imam. Only the Imam can make ijtihad. I have notheard that the Messenger of Allah, may Allah bless him and grant himpeace, ever said, 'Whoever kills someone can have his effects,' on anyother day than the day of Hunayn."

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Yahya related to me from Malik from Abu'z-Zinad that Said ibn al-Musayyab said, "People used to be given bonuses from the Khumus."

Malik said, "That is the best of what I have heard on the matter."

Malik was asked about bonuses and whether they were takenfrom the first of the spoils, and he said, "That is only decidedaccording to the ijtihad of the Imam. We do not have a known reliablecommand about that other than it is up to the ijtihad of the Sultan. Ihave not heard that the Messenger of Allah, may Allah bless him andgrant him peace, gave bonuses in all his raids. I have only heard thathe gave bonuses in one of them, namely the day of Hunayn. It dependson the ijtihad of the Imam whether they are taken from the first ofthe spoils or what is after it."

Yahya related to me that Malik said that he had heard that Umaribn Abd al-Aziz used to say, "The man on horse-back has two shares,and the man on foot has one."

Malik added, "I continue tohear the same."

Malik, when asked whether a man who waspresent with several horses took a share for all of them, said, "Ihave never heard that. I think that there is only a share for thehorse on which he fought."

Malik said, "I think that foreignhorses and half-breeds are considered as horses because Allah, theBlessed, the Exalted, said in His Book, 'All horses, and mules, andasses, for you to ride, and as an adornment.' (Sura16 ayat 8). Hesaid, the Mighty, the Majestic, 'Make ready for them whatever forceand strings of horses you can, to terrify thereby the enemy of Allahand your enemy.' (Sura 8 ayat 60). I think that foreign breeds andhalf-breeds are considered as horses if the governor accepts them."

Said ibn al-Musayyab was asked about working horses, andwhether there was zakat on them. He said, "Is there any zakat onhorses.?"

Yahya related to me from Malik from Abd ar-Rahman ibn Said fromAmr ibn Shuayb that when the Messenger of Allah, may Allah bless himand grant him peace, came back from Hunayn heading for al-Jiirrana,the people crowded around so much to question him that his she-camelbacked into a tree, which became entangled in his cloak and pulled itoff his back. The Messenger of Allah, may Allah bless him and granthim peace, said, "Return my cloak to me. Are you afraid that I willnot distribute among you what Allah has given you as spoils. By He inwhose hand my self is! Had Allah given you spoils equal to the numberof acacia trees on the plain of Tihama, I would have distributed itamong you. You will not find me to be miserly, cowardly, or a liar."Then the Messenger of Allah, may Allah bless him and grant him peace,got down and stood among the people, and said, "Hand over even theneedle and thread, for stealing from the spoils is disgrace, fire,ignominy on the Day of Rising for people who do it." Then he took abit of camel fluff or something from the ground and said, "By He inwhose hand my self is! What Allah has made spoils for you is not mine- even the like of this! - except for the tax of one fifth, and thetax of one fifth is returned to you."

Yahya related to me from Malik from Yahya ibn Said from Muhammadibn Yahya ibn Habban from Ibn Abi Amra that Zayd ibn Khalid al-Juhanisaid, "A man died on the day of Hunayn, and they mentioned him to theMessenger of Allah, may Allah bless him and grant him peace." Zaydclaimed that the Messenger of Allah, may Allah bless him and grant himpeace, said, "You pray over your companion." (i.e. he would not prayhimself). The people's faces dropped at that. Zayd claimed that theMessenger of Allah, may Allah bless him and grant him peace, said,"Your companion stole from the spoils taken in the way of Allah." Zaydsaid, "So we opened up his baggage and found some Jews' beads worthabout two dirhams."

Yahya related to me from Malik from Yahya ibn Said from Abdullahibn al-Mughira ibn Abi Burda al-Kinani that he had heard that theMessenger of Allah, may Allah bless him and grant him peace, came tothe people in their tribes and made dua for them, but left out one ofthe tribes. Abdullah related, "The tribe found an onyx necklace in thesaddle-bags of one of their men. The Messenger of Allah, may Allahbless him and grant him peace, came to them, and then did the takbirover them as one does the takbir over the dead."

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili fromAbu'l-Ghayth Salim, the mawla of ibn Muti that Abu Hurayra said, "Wewent out with the Messenger of Allah, may Allah bless him and granthim peace, in the yearof Khaybar. We did not capture any gold orsilver except for personal effects, clothes, and baggage. Rifaa ibnZayd presented a black slave boy to the Messenger of Allah, may Allahbless him and grant him peace, whose name was Midam. The Messenger ofAllah, may Allah bless him and grant him peace, made for Wadi'l-Qura,and when he arrived there, Midam was unsaddling the camel of theMessenger of Allah, may Allah bless him and grant him peace, when astray arrow struck and killed him. The people said, 'Good luck to him!The Garden!' The Messenger of Allah said, 'No! By He in whose hand myself is! The cloak which he took from the spoils on the Day of Khaybarbefore they were distributed will blaze with fire on him.' When thepeople heard that, a man brought a sandal-strap or two sandal-strapsto the Messenger of Allah, may Allah bless him and grant him peace.The Messenger of Allah, may Allah bless him and grant him peace, said,'A sandal-strap or two sandal-straps of fire!' "

Yahya related to me from Malik from Yahya ibn Said that he hadheard that Abdullah ibn Abbas said, "Stealing from the spoils does notappear in a people but that terror is cast into their hearts.Fornication does not spread in a people but that there is much deathamong them. A people do not lessen the measure and weight but thatprovision is cut off from them. A people do not judge without rightbut that blood spreads among them. A people do not betray the pledgebut that Allah gives their enemies power over them."

Yahya related to me from Malik from Abu'z-Zinad from al-Araj fromAbu Hurayra that the Messenger of Allah, may Allah bless him and granthim peace, said, "By He in whose hand my self is! I would like tofight in the way of Allah and be killed, then be brought to life againso I could be killed, and then be brought to life again so I could bekilled." Abu Hurayra said three times, "I testify to it by Allah!"

one fights in the wayof Allah and is killed, then Allah turns to the killer, so he fights(in the way of Allah) and also becomes a martyr."

Yahya related to me from Malik from Abu'z-Zinad from al-Araj fromAbu Hurayra that the Messenger of Allah, may Allah bless him and granthim peace, said, "By He in whose hand my self is! None of you iswounded in the way of Allah - and Allah knows best who is wounded inHisWay, but that when the Day of Rising comes, blood will gush forthfrom his wound. It will be the colour of blood, but its scent will bethat of musk."

Yahya related to me from Malik from Zayd ibn Aslam that Umar ibnal-Khattab used to say, "O Allah! Do not let me be slain by the handof a man who has prayed a single prostration to You with which he willdispute with me before You on the Day of Rising!"

Yahya related to me from Malik from Yahya ibn Said from Said al-Maqburi from Abdullah ibn Abi Qatada that his father had said that aman came to the Messenger of Allah, may Allah bless him and grant himpeace, and said, "O Messenger of Allah! If I am killed in the way ofAllah, expectant for reward, sincere, advancing, and not retreating,will Allah pardon my faults?" The Messenger of Allah, may Allah blesshim and grant him peace, said, "Yes." When the man turned away, theMessenger of Allah, may Allah bless him and grant him peace, calledhim - or commanded him and he was called to him. The Messenger ofAllah, may Allah bless him and grant him peace, said to him, "What didyou say?" He repeated his words to him, and the Prophet, may Allahbless him and grant him peace, said to him, "Yes, except for the debt.Jibril said that to me."

Yahya related to me from Malik from Abu'n-Nadr, the mawla of Umaribn Ubaydullah that he had heard that the Messenger of Allah, mayAllah bless him and grant him peace, said over the martyrs of Uhud, "Itestify for them." Abu Bakr as-Siddiq said, "Messenger of Allah! Arewe not their brothers? We entered Islam as they entered Islam and wedid jihad as they did jihad." The Messenger of Allah, may Allah blesshim and grant him peace, said, "Yes, but I do not know what you willdo after me." Abu Bakr wept profusely and said, "Are we really goingto out-live you!"

Yahya related to me from Malik that Yahya ibn Said said, "TheMessenger of Allah, may Allah bless him and grant him peace, wassitting by a grave which was being dug at Madina. A man looked intothe grave and said, 'An awful bed for the mumin. 'The Messenger ofAllah, may Allah blesshim and grant him peace, said, 'Evil? What youhave said is absolutely wrong.'

The man said, 'I didn't meanthat, Messenger of Allah. I meant being killed in the way of Allah.'The Messenger of Allah, may Allah bless him and grant him peace, said,'Being killed in the way of Allah has no like! There is no place onthe earth which I would prefer my grave to be than here (meaningMadina). He repeated it three times.' "

Yahya related to me from Malik from Zayd ibn Aslam that Umar ibnal-Khattab used to say, "O Allah! I ask you for martyrdom in Your wayand death in the city of Your Messenger!"

Yahya related to me from Malik from Yahya ibn Said that Umar ibnal-Khattab said, "The nobility of the mumin is his taqwa. His deen ishis noble descent. His manliness is his good character. Boldness andcowardice are but instincts which Allah places wherever He wills. Thecoward shrinks from defending even his father and mother, and the boldone fights for the sake of the combat not for the spoils. Being slainis but one way of meeting death, and the martyr is the one who giveshimself, expectant of reward from Allah."

Yahya related to me from Malik from Nafi from Abdullah ibn Umarthat Umar ibn al-Khattab was washed and shrouded and prayed over, yethe was a martyr, may Allah have mercy on him .

Yahya related to me from Malik that he had heard the people ofknowledge say that martyrs in the way of Allah were not washed, norwere any of them prayed over. They were buried in the garments inwhich they were slain.

Malik said, "That is the sunna forsomeone who is killed on the battleground and is not reached until heis already dead. Someone who is carried off and lives for as long asAllah wills after it, is washed and prayed over as was Umar ibn al-Khattab."

Yahya related to me from Malik from Yahya ibn Said that Umar ibnal-Khattab in one year gave 40,000 camels as mounts. Sometimes hewould give one man a camel to himself. Sometimes he would give onecamel between two men to take them to Iraq. A man from Iraq came tohim and said, "Give Suhaym and I a mount.''Umar ibn al-Khattab said tohim,"l demand from you, by Allah!, is Suhaym a water skin?" He said,"Yes."