Jihad
كتاب الجهاد
Chapter 16: The Ordinance about Prisoners - Section 1
Your brethren have come repentant and I have considered that I should return their captives to them, so let those of you who are willing to release the captives act accordingly, but those who wish to hold on to what they have till I give them some of the first booty God gives us may do so.” The people told God’s Messenger that they were willing to release the captives, and he said, “I cannot distinguish between those of you who have granted that and those who have not, so return that your headmen may tell me about you.” They did so, and after their headmen had spoken to them they came back to God’s Messenger and told him they were agreeable and had given permission. Bukhari transmitted it.
Thaqif were allies of the B. ‘Uqail, so when Thaqif took two of God’s Messenger’s companions prisoner, his companions took prisoner a man of the B. ‘Uqail, bound him and threw him out on the lava plain. God’s Messenger passed him and he called to him, “Muhammad, Muhammad, for what have I been taken?” He replied, “For the crime of your allies Thaqif.” He then left him and passed on, but when he cried, “Muhammad, Muhammad,” God’s Messenger took pity on him and returned and asked him about himself. When he told him he was a Muslim he said, “If you had said it when you were your own master you would have been completely successful.”* Then God’s Messenger ransomed him for the two men Thaqif had taken prisoner. *This means that not only would he go to paradise in the next life, but he would have been saved the experience of being taken a captive in this.Muslim transmitted it.
Chapter 17: The Ordinance about Prisoners - Section 2
‘A’isha told that when the people of Mecca sent about ransoming their prisoners1 Zainab sent some property to ransom Abul ‘As, sending among it a necklace of hers which Khadija had had and had sent with her when she married Abul ‘As. When God’s Messenger saw it he felt great tenderness about it and said, “If you consider that you should free her prisoner for her and return to her what belongs to her it will be well.” To this they agreed. The Prophet had made an agreement with him that he should let Zainab come to him, so he sent Zaid b. Haritha and a man of the Helpers, telling them to wait in the valley of Yajij2 till Zainab came along and bring her back with them. 1. After the battle of Badr. 2. Near at-Tan'im.Ahmad and Abu Dawud transmitted it.
She told that when God’s Messenger took prisoner the people at Badr he killed ‘Uqba b. Aba Mu'ait and an-Nadr b. al-Harith, but showed favour to Abu ‘Azza al-Jumahi. It is transmitted in Sharh as-sunna.
Ibn Mas'ud told that when God’s Messenger intended to kill ‘Uqba b. Abu Mu'ait he asked who would look after the children, and he replied that hell would. Abu Dawud transmitted it.
‘Ali reported God's Messenger as saying that Gabriel came down to him and said to him, “Give them (i.e. your companions) their choice regarding the prisoners at Badr whether they should be killed or ransomed on condition that a like number of them should be killed the following year.” They replied, “We shall accept ransom and have some of us killed.” Tirmidhi transmitted it, saying this is a gharib tradition.
I was among the captives of Quraiza who were brought before the Prophet. The Companions examined us, and those who had begun to grow hair were killed, but those who had not were not killed. They uncovered my private parts and when they found that the hair had not begun to grow they put me among the captives. Abu Dawud, Ibn Majah and Darimi transmitted it.
‘Ali told that some slaves came out to God’s Messenger, i.e. on the day of al-Hudaibiya, before the peace was ratified, and their masters wrote to him saying, “We swear by God, Muhammad, that they have not gone out to you through desire for your religion, but they have done so only to fly from servitude.” Some people assured him they had spoken the truth and advised him to send them back to them, but God’s Messenger became angry and said, “I do not think you people of Quraish will cease till God sends someone to you who will cut off your heads for this.” He refused to send them back, saving they were God’s freedmen. Abu Dawud transmitted it.
Chapter 18: The Ordinance about Prisoners - Section 3
The Prophet sent Khalid b. al-Walid to the B. Hadhima and he summoned them to accept Islam. When they did not express their acceptance of Islam properly but began to say, “We have changed our religion, we have changed our religion,”* Khalid began to kill them and take prisoners, and he handed a prisoner to each one of us. But when a day came when Khalid ordered each of us to kill his prisoner, I said, “I swear by God that I will not kill my prisoner and that not one of my companions will kill his prisoner till we come to the Prophet.” When we mentioned the matter to him he raised his hands and said twice, “O God, I declare myself innocent in Thy sight of what Khalid has done.” *Here the verb saba'a is used.Bukhari transmitted it.
Chapter 19: Protection - Section 1
I went to God’s Messenger in the year of the Conquest and found him bathing while his daughter Fatima was screening him with a garment. I gave a salutation and he asked who was there, then when I told him I was Umm Hani’ daughter of Abu Talib he said, “Welcome, Umm Hani’.” After he finished his bathing he got up and prayed eight rak'as wrapped in a garment, and when he was done I said, “Messenger of God, my mother’s son ‘Ali has asserted that he is going to kill a man to whom I have given protection, so and so the son of Hubaira.” He replied, “We have given protection to those to whom you have granted it, Umm Hani'.” She said that that was in the forenoon. (Bukhari and Muslim.) In a version by Tirmidhi she said, “I have given protection to two of my husband’s male relatives,” and God’s Messenger replied, “We have given security to those to whom you have given it.”
Chapter 20: Protection - Section 2
‘Ali’s tradition, "The lives of all Muslims are equal . . .”
This is mentioned in the Chapter on Retaliation.
Abu Huraira reported the Prophet as saying, “A woman acts for the people,” i.e. she gives protection on behalf of the Muslims. Tirmidhi transmitted it.
‘Amr b. al-Hamiq told that he heard God's Messenger say, “He who grants a man security and then kills him will be given the banner of treachery on the day of resurrection.” It is transmitted in Sharh as-sunna.
There was a covenant between Mu'awiya and the Byzantines, and he was going towards their country; then when the covenant came to an end he attacked them. A man came on a horse, or a packhorse, saying, “God is most great, God is most great; let there be faithfulness and not treachery.”* And when they looked they found that he was 'Amr b. ‘Abasa. Mu'awiya questioned him about that and he replied that he had heard God’s Messenger say, "When one has a covenant with people he must not loosen or strengthen it till its term comes, or he brings it to an end in agreement with them.” He said that Mu'awiya then took the people back. *Mirqat, 4, 255 says that 'Amr b. ‘Abasa felt it was an act of treachery to make a treaty while in one’s own country and then approach the enemy’s country when the period of the treaty was near an end, so as to be able to make an immediate attack.Tirmidhi and Abu Dawud transmitted it.
Quraish sent me to God’s Messenger and when I saw him Islam was cast into my heart, so I said, "Messenger of God, I swear by God that I shall never return to them.” He replied, "I do not break a covenant or imprison messengers; but return, and if you feel the same as you do just now, come back.” So I went away and then came to the Prophet and accepted Islam. Abu Dawud transmitted it.
Nu'aim b. Mas'ud reported God's Messenger as saying to two men who came from Musailima, "I swear by God that were it not that messengers are not killed, I would cut off your heads.” Ahmad and Abu Dawud transmitted it.
‘Amr b. Shu'aib, on his father’s authority, told that his grandfather reported God’s Messenger as saying in the course of his sermon, "Observe fully the alliance made in the pre-Islamic period, for it, i.e. Islam, will only make it stronger; but make no new alliances in Islam.” The source is not given. See Tirmidhi, Siyar, 30
Chapter 21: Protection - Section 3
Ibn Mas'ud told that when Ibn an-Nawwaha and Ibn Uthal, Musailima’s messengers, came to the Prophet he asked them whether they testified that he was God’s Messenger. On their replying, "We testify that Musailima is God’s messenger,” he said, "I believe in God and His Messenger. If it was my custom to kill a messenger I would kill you.” ‘Abdallah (i.e. Ibn Mas'ud) said that the sunna that a messenger should not be killed then came into force.Ahmad transmitted it.
Chapter 22: The Division of Spoils and Dishonesty regarding them - Section 1
Abu Huraira’s tradition, “What I give you...has been mentioned in the chapter on Provision for rulers.
Abu Huraira reported God’s Messenger as saying, "Spoils were not lawful for anyone before us, that being because God saw our weakness and incapacity and made them allowable for us.” (Bukhari and Muslim.)
We went out with God’s Messenger in the year of Hunain, and when the armies met, the Muslims suffered a reverse. I saw one of the polytheists getting the better of one of the Muslims, so I struck him with my sword from behind on his shoulder-blade and cut his coat of mail. He came at 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 up on ‘Umar b. al-Khattab and asked him what was the matter with the people, to which he replied that it was what God had commanded.1 Then they returned and the Prophet sat down and said, "If anyone kills a man and can prove it he will get his spoil.” I said, "Who will testify for me?” and then sat down. The Prophet said the same again and I said, "Who will testify for me?”2 and then sat down. Again the Prophet said the same and I stood up He asked, "What is the matter with you, Qatada?” and when I informed him a man said, "He has spoken the truth. I have his spoil, so make him agreeable to take something in exchange.” Abu Bakr said, “In that case I swear by God that he did not do so. One of God’s heroes3 does not fight for God and His Messenger and then give you his spoil.” The Prophet said he had spoken the truth and told the man to hand it over to me. He did so, and I bought a garden among the B. Salima. This was the first property I acquired in the Islamic period. 1. He wondered why the Muslims had fled from the enemy, and 'Umar replied that it was what God had decreed. 2. There is doubt as to whether Abu Qatada spoke aloud the first two times, or inwardly. In the translation I have kept strictly to the wording in the Arabic.(Bukhari and Muslim.)
Ibn ‘Umar told that God’s Messenger allotted three portions for a man and his horse, one for him and two for his horse. (Bukhari and Muslim.)