From the Haul of Imam Abdullah Alhaddad 2009M/1430H held in Masjid Baitul Aman and MasjidAl-Bukhary (24-25 October 2009)
2009
From the Haul of Imam Abdullah Alhaddad 2009M/1430H held in Masjid Baitul Aman and MasjidAl-Bukhary (24-25 October 2009)
INTRODUCTION
Islam is a social religion, not in the sense that it is through society alone that religion breathes its sacred spirit in the individuals, but in the sense that it aims at inculcating God-consciousness both in individual and society. Jesus said: The Kingdom of Heaven is within you. Islam fully subscribes to this view, since no just kingdom can be founded on earth by unjust men, who have not first created the Kingdom of Heaven in their hearts, but Islam goes a step forward and says that the creation of the Kingdom of Heaven within heart is not enough; this Kingdom of Heaven within must be externalised into a Kingdom of Heaven on earth, so that the organised life of man may be built up on the basis of love, fraternity and justice.
It thus becomes clear that the Islamic State is not an end in itself, but a means to an end, the end being the development of a community of people who stand up for equity and justice, for right against wrong or, to phrase it differently, for the creation of such conditions as would enable the greatest possible number of human beings to live spiritually, morally and physically in accordance with the teachings of Islam.
Thus the founding of an Islamic State is not a sort of” worldly activity,” something undesirable, as some people wrongly suppose, but the sine qua non of social justice, as demanded by Islam.” The state,” says Dr lqbal,” from the Islamic standpoint, is an endeavour to transform these ideal principles into space-time forces, an aspiration to realize them in a definite human organization. It is in this sense alone that state in Islam is a theocracy, not in the sense that it is headed by a representative of God on earth who can always screen his despotic will behind his supposed infallibility.
As this State is meant to enforce the law of the Shari’ah within its territorial jurisdiction, it is duty bound to make itself an efficient organ for transforming the high ideals of Islam into reality. The Qur’an, while enumerating the main functions of the Islamic State, says:” Those who, if We establish them in the land, observe worship, and pay the poor-due and enjoin good and forbid evil” (xxii. 41).
This shows that the function of an Islamic State is not only to defend its citizens from external attack and internal disorder, but also to enable individual man and woman to realise the tenets of Islam and their beliefs. in the socioeconomic concerts of their practical life.
So far as the nature of the Islamic State is concerned, it is theocracy with regard to God in the sense that the de jure sovereignty belongs to Allah Whose de facto sovereignty is inherent and manifest in the working of the entire universe and Who enjoys exclusively the sovereign prerogative over all the creation. The Holy Qur’an has stressed this point in so many verses:
” The Command is for none but for Allah: He has commanded that ye obey
none but Him: that is the right path” (xii. 40).
” Follow the revelation sent unto you from your Lord, and do not follow the (so-called) guardians other than Him” (vii. 3).
” And those who do not make their decisions in accordance with that revealed by Allah are (in fact) the deniers of Truth” (v. 44). It thus becomes quite clear that a State established on the basis of God’s sovereignty cannot enforce any law in contravention of the Qur’an and the Sunnah even if all the citizens make a demand for it. An Islamic State is, therefore, theocratic in one aspect as it is run according to God-given laws, but it is altogether a differmt theocracy of which Europe has had the bitter experience and in which, a priestly clan is sharply marked off from the rest of the population and exercises an unchecked domination and enforces laws of its own making in the name of God, and thus imposes its own godhood upon the common people. The priest puts himself as a mediator between the masses and the unseen God. Such a system is quite un-Islamic. The theocracy built by Islam is not ruled by a particular religious class, but by the whole community of Muslims including the rank and file. as Allah has not appointed a particular individual, group, race or class as the representative of the Real Sovereign upon the earth, but the whole community. The Qur’an says:” Allah has promised to those among you who believe and do righteous deeds that He will assuredly make them to succeed (the present) rulers and grant them vicegerency in the land just as He made those before them to succeed (others)” (ixiv. 55). This verse makes it clear that all believers have been conferred upon the Caliphate and not a special class or dynasty. Moreover, the Caliphate granted by Allah to the faithful is the popular vicegerency and not a limited one and thus it is run with the consent of the people. The concepts of the Divine Right of Kingship and the infallibility of clergy are alien to the spirit of Islam. Every Muslim stands on equal level with the other Muslim as the vicegerent of the Lord upon the earth. None of them, therefore, enjoys any preference to the other by virtue of high birth or belonging to a special religious group. History is teplete with instances of Caliphs being brought to the court and publicly criticised by ordinary men and women. Even a lowliest villager could dare tell the Commander of the Faithful that he would set him straight like a spindle if he deviates an inch from the poth of righteousness. This shows that the rulers and the officials in the Islamic State are answerable both to God and man for their actions, and the people have every right to criticise. not only their public behaviour, but even their private activities.
In the context of such heavy responsibilities the heading of the Islamic State or assumption of any other important portfolio in its set-up is a very difficult job so much so that that Holy Prophet (may peace be upon him) compared it to the slaughtering of one with a blunt knife. No person, therefore. who is conscious of the responsibilities of the job, covets to assume that; he rather shirks it and accepts it only when he is compelled to do so. The Holy Prophet (may peace be upon him) declared that person to be quite unfit for office in an Islamic State who is covetous of it, as he is either ignorant of its grave responsibilities or desires to take undue advantage of his official power.
We enumerate below some of the important rights and duties of an Islamic State.
As for the rights, the Islamic State can claim full loyalty from all its citizen wholehearted cooperation in all sectors of life and complete obedience to the law of the land and the commands of the rulers so long as they are in comformity with the Laws of the Shari’ah. But where the rulers transgress the limits of the citizens have the right, not only to withdraw co-operation, but also to check the rulers from acting against the Commands of Aliah and His Apostle (may peace be upon him).
The citizens are also required to pay taxes due to the State quite willingly and not to misappropriate its funds, and to participate in Jihad in any capacity for which they are deemed fit by the authorities of the Islamic State.
So far as the duties of the Islamic State are concerned, the first and foremost duty is to protect the life, property and honour of every citizen, irrespective of his caste, creed, colour, religion or social status.
Moreover, it is also the duty of the Islamic State to protect the freedom and individual liberty of every citizen so long as there is no valid reason to curtail it. It cannot be done as an arbitrary act. The State is authorised to lay hands upon it through due process of law.
Again, freedom of expression is one of the fundamental rights of the citizen which an Islamic State must respect.
Then, it is also the duty of the Islamic State to see that no citizen remains unprovided for in respect of the basic necessities of life, viz, food, othing, shelter, medical aid and education, for the Holy Prophet (may peace be upon him) said:” The government is the guardian of those who have no guardian.”
Moreover, the State is bound to create such conditions in which the good reigns supreme in the society and evil is suppressed and exterminated, and its citizens learn to live as good Muslims.
Chapter 1: THE PEOPLE ARE SUBSERVIENT TO THE QURAISH AND THE CALIPHATE IS THE RIGHT OF THE QURAISH
It has been narrarted on the authority of Abu Huraira that the Messenger of Allah (may peace be upon him) said: People are subservient to the Quraish: the Muslims among them being subservient to the Muslims among them, and the disbelievers among the people being subservient to the disbelievers among them.
It has been narrated on the authority of Hammam b. Munabbih who said: This is one of the traditions narrated by Abu Huraira from the Messenger of Allah (may peace be upon him) who said: People are subservient to the Quraish: the Muslims among them being subservient to the Muslims among them, and the disbelievers among them being subservient to the disbelievers among them.
It has been narrated on the authority of Jabir b. ‘Abdullah that the Messenger of Allah (may peace be upon him) said: People are the followers of Quraish in good as well as evil (i. e. in the customs of Islamic as well as pre-Islamic times).
It has been narrated on the authority of ‘Abdullah that the Messenger of Allah (may peace be upon him) said: The Caliphate will remain among the Quraish even if only two persons are left (on the earth),
It has been narrated on the authority of Jabir b. Samura who said: I joined the company of the Holy Prophet (may peace be upon him) with my father and I heard him say: This Caliphate will not end until there have been twelve Caliphs among them. The narrator said: Then he (the Holy Prophet) said something that I could not follow. I said to my father: What did he say? He said: He has said: All of them will be from the Quraish.
It has been reported on the authority of Jabir b. Samura who said: I heard the Messenger of Allah (may peace be upon him) say: The affairs of the people will continue to be conducted (well) as long as they are governed by twelve men. Then the Holy Prophet (may peace be upon him) said words which were obscure to me. I asked my father: What did the Messenger of Allah (may peace be upon him) say? He said: All of the (twelve men) will be from the Quraish.
This hadith has been narrated on the authority of Jabir b. Samura through another chain of transmitters.
It has been narrated on the authority of Jabir b. Samura who said: I heard the Messenger of Allah (may peace be upon him) say: Islam will continue to be triumphant until there have been twelve Caliphs. Then the Holy Prophet (may peace be upon him) said something which I could not understand. I asked my father: What did he say? He said: He has said that all of them (twelve Caliphs) will be from the Quraish.
It has been narrated on the authority of Jabir b. Samura that the Holy Prophet (may peace be upon him) said: This order will continue to be dominant until there have been twelve Caliphs. The narrator says: Then he said something which I could not understand, and I said to my father: What did he say? My father told me that he said that all of them (Caliphs) would be from the Quraish.
It has been reported on the authority of Jabir b. Samura who said: I went with my father to the Messenger of Allah (may peeace be upon him) and I heard him say: This religion would continue to remain powerful and dominant until there have been twelve Caliphs. Then he added something which I couldn’t catch on account of the noise of the people. I asked my father: What did he say? My father said: He has said that all of them will be from the Quraish.
It has been narrated on the authority of Amir b. Sa’d b. Abu Waqqas who said: I wrote (a letter) to Jabir b. Samura and sent it to him through my servant Nafi’, asking him to inform me of something he had heard from the Messenger of Allah (may peace be upon him). He wrote to me (in reply): I heard the Messenger of Allah (may peace be upon him) say on Friday evening, the day on which al-Aslami was stoned to death (for committing adultery): The Islamic religion will continue until the Hour has been established, or you have been ruled over by twelve Caliphs, all of them being from the Quraish. also heard him say: A small force of the Muslims will capture the white palace, the police of the Persian Emperor or his descendants. I also heard him say: Before the Day of Judgment there will appear (a number of) impostors. You are to guard against them. I also heard him say: When God grants wealth to any one of you, he should first spend it on himself and his family (and then give it in charity to the poor). I heard him (also) say: I will be your forerunner at the Cistern (expecting your arrival).
Ibn Samura al-’Adawi reported: I heard Allah’s Messenger (may peace be upon him) say, and he then narrated (the above-mentioned hadith).
Chapter 2: APPOINTING ANYONE AS A SUCCEEDING CALIPH OR LEAVING ASIDE THE QUESTION OF APPOINTMENT
It has been narrated on the authority of ‘Abdullah b. ‘Umar who said: I was present with my father when he was wounded. People praised him and said: May God give you a noble recompense! He said: I am hopeful (of God’s mercy) as well as afraid (of His wrath) People said: Appoint anyone as your successor. He said: Should I carry the burden of conducting your affairs in my life as well as in my death? (So far as Caliphate is concerned) I wish I could acquit myself (before the Almighty) in a way that there is neither anything to my credit nor anything to my discredit. If I would appoint my successor, (I would because) one better than me did so. (He meant Abu Bakr.) If I would leave You alone, (I would do so because) one better than me, i. e. the Messenger of Allah (may peace be upon him), did so. ‘Abdullah says: When he mentioned the Messenger of Allah (may peace be upon him) I understood that he would not appoint anyone as Caliph.
It has been reported on the authority of Ibn ‘Umar who said: I entered the apartment of (my sister) Hafsa. She said: Do yoa know that your father is not going to nominate his successor? I said: He won’t do that (i. e. he would nominate). She said: He is going to do that. The narrator said: I took an oath that I will talk to him about the matter. I kept quiet until the next morning, still I did not talk to him, and I felt as if I were carryint, a mountain on my right hand. At last I came to him and entered his apartment. (Seeing me) he began to ask me about the condition of the people, and I informed him (about them). Then I said to him: I heard something from the people and took an oath that I will communicate it to you. They presume that you are not going to nominate a successor. If a grazer of camels and sheep that you had appointed comes back to you leaving the cattle, you will (certainly) think that the cattle are lost. To look after the people is more serious and grave. (The dying Caliph) was moved at my words. He bent his head in a thoughtful mood for some time and raised it to me and said: God will doubtlessly protect His religion. If I do not nominate a successor (I have a precedent before me), for the Messenger of Allah (may peace be upon him) did not nominate his successor. And if I nominate one (I have a precedent), for Abu Bakr did nominate. The narrator (Ibn Umar) said: By God. when he mentioned the Messenger of Allah (may peace be upon him) and Abu Bakr, I (at once) understood that he would not place anyone at a par with the Messenger of Allah (may peace be upon him) and would not nominate anyone.
Chapter 3: PROHIBITION OF A DESIRE FOR A POSITION OF AUTHORITY AND COVETOUSNESS THEREOF
It has been reported on the authority of ‘Abd al-Rahman b. Samura who said: The Messenger of Allah (may peace be upon him) said to me: ‘Abd al-Rahman, do not ask for a position of authority, for if you are granted this position as a result of your asking for it, you will be left alone (without God’s help to discharge the responsibilities attendant thereon), and it you are granted it without making any request for it, you will be helped (by God in the discharge of your duties).
The same tradition has been narrated through a different chain of transmitters.
It has been narrated by Abu Musa who said: Two of my cousins and I entered the apartment of the Holy Prophet (may peace be upon him). One of them said: Messenger of Allah, appoint us rulers of some lands that the Almighty and Glorious God has entrusted to thy care. The other also said something similar. He said: We do not appoint to this position one who asks for it nor anyone who is covetous for the same.
It has been reported on the authority of Abu Musa who said: I went to the Holy Prophet (may peace be upon him) and with me were two men from the Ash’ari tribe. One of them was on my right hand and the other on my left. Both of them made a request for a position (of authority) while the Holy Prophet (may peace be upon him) was brushing his teeth with a tooth-stick. He said (to me): Abu Musa (or ‘Abdullah b. Qais), what do you say (about the request they have made)? I said: By God Who sent thee on thy mission with truth, they did not disclose to me what they had in their minds, and I did not know that they would ask for a position. The narrator says (while recalling this hadith): I visualise as if I were looking at the miswak of the Holy Prophet (may peace be upon him) between his lips. He (the Holy Prophet) said: We shall not or shall never appoint to the public offices (in our State) those who with to have them, but you may go, Abu Musa (or Abdullah b. Qais) (to take up your assignment). He sent him to Yemen as governor. then he sent Mu’adh b. jabal in his wake (to help him in the discharge of duties). When Mu’adh reached the camp of Abu Musa, the latter (received him and) said: Please get yourself down; and he spread for him a mattress, while there was a man bound hand and foot as a prisoner. Mu’adh said: Who is this? Abu Musa said: He was a Jew. He embraced Islam. Then he reverted to his false religion and became a Jew. Mu’adh said: I won’t sit until he is killed according to the decree of Allah and His Apostle (may peace be upon him) (in this case). Abu Musa said: Be seated. It will be done. He said: I won’t sit unless he is killed in accordance with the decree of Allah and His Apostle (may peace be upon him). He repeated these words thrice. Then Abu Musa ordered him (to be killed) and he was kilied. Then the two talked of standing in prayer at night. One of them, i. e. Mu’adh, said: I sleep (for a part of the night) and stand in prayer (for a part) and I hope that I shall get the same reward for steeping as I shall get for standing (in prayer).
Chapter 4: UNDESIRABILITY OF GETTING A POSITION OF AUTHORITY WITHOUT NECESSITY
It has been narrated on the authority of Abu Dharr who said: I said to the Holy Prophet (may peace be upon him): Messenger of Allah, will you not appoint me to a public office? He stroked my shoulder with his hand and said: Abu Dharr, thou art weak and authority is a trust. and on the Day of judgment it is a cause of humiliation and repentance except for one who fulfils its obligations and (properly) discharges the duties attendant thereon.
It has been reported on the authority of Abu Dharr that the Messenger of of Allah (may peace be upon him) said: Abu Dharr, I find that thou art weak and I like for thee what I like for myself. Do not rule over (even) two persons and do not manage the property of an orphan.
Chapter 5: THE MERITS OF A JUST RULER AND THE DEMERITS OF A TYRANT RULER
It has been narrated on the authority of ‘Abdullah b. ‘Umar that the Messenger of Allah (may peace be upon him) said: Behold! the Dispensers of justice will be seated on the pulpits of light beside God, on the right side of the Merciful, Exalted and GlorioUS. Either side of the Being is the right side both being equally mrneritorious. (The Dispensers of justice are) those who do justice in their rules, in matters relating to their families and in all that they undertake to do.
It has been reported on the authority of Abd al-Rahman b. Shumasa who said: I came to A’isha to inquire something from her. She said: From which people art thou? I said: I am from the people of Egypt. She said: What was the behaviour of your governor towards you in this war of yours? I said: We did not experience anything bad from him. If the camel of a man from us died, he would bestow on him a camel. If any one of us lost his slave, he would give him a slave. If anybody was in need of the basic necessities of life, he would provide them with provisions. She said: Behold! the treatment that was meted out to my brother, Muhammad b. Abu Bakr, does not prevent me from telling you what I heard from the Messenger of Allah (may peace be upon him). He said in this house of mine: O God, who (happens to) acquire some kind of control over the affairs of my people and is hard upon them-be Thou hard upon him, and who (happens to) acquire some kind of control over the affairs of my people and is kind to them-be Thou kind to him.
This hadith has been narrated on the authority of Abd al-Rahman b. Shumasa with another chain of transmitters.
It has been narrated on the authority of Ibn ‘Umar that the Holy Prophet (May be upon him) said: Beware. every one of you is a shepherd and every one is answerable with regard to his flock. The Caliph is a shepherd over the people and shall be questioned about his subjects (as to how he conducted their affairs). A man is a guardian over the members of his family and shal be questioned about them (as to how he looked after their physical and moral well-being). A woman is a guardian over the household of her husband and his children and shall be questioned about them (as to how she managed the household and brought up the children). A slave is a guardian over the property of his master and shall be questioned about it (as to how he safeguarded his trust). Beware, every one of you is a guardian and every one of you shall be questioned with regard to his trust.
This tradition has been narrated through more; than one chain of transmitters.
This hadith has been transmitted on the authority of Ibn ‘Umar, but there is (a slight change of wording) in the hadith transmitted through Zuhri that he said:” I think that he (the narrator) said: The man is a custodian of the wealth of his father, and he would be answerable for what is in his custody.”
A hadith having the same meaning has been transmitted on the authority of ‘Abdullah b. ‘Umar.
It has been narrated on the authority of Hasan who said: Ubaidullah b Ziyad visited Ma’qil b. Yasir al-Muzani in his last iliness. Ma’qil said (to him): I am narrating to you a tradition I heard from the Messenger of Allah (may peace be upon him). If I knew that I am to survive this illness. I would, not narrate it to you. I heard the Messenger of Allah (may peace be upon him) say: If God appointed anyone ruler over a people and he died while he was still treacherous to his people, God would forbid his entry into Paradige.
It has been narrated through a different chain of transmitters on the authority of Hasan who said: Ibn, Ziyad paid a visit to Ma’qil b. Yasir who was seriously ill. Here follows the same tradition as has gone before with the addition that Ibn Ziyad asked: Why didn’t you narrate this tradition to me before this day? Ma’qil reprimanded him and said: I did not narrate it to you or I was not going to narrate it to you.
It has been narrated on the authority of Abu Malik that Ubaidullah b. Ziyad visited Ma’qil b. Yaser in the latter’s illness. Ma’qil said to him: I am narrating to you a tradition. If I were not at death’s door, I would not narrate it to you. I heard the Messenger of Allah (may peace he upon him) say: A ruler who, having obtained control over the affairs of the Muslims, does not strive for their betterment and does not serve them sincerely shall not enter Paradise with them.
It has been narrated on the authority of Abu al-Aswad who said: My father related to me that Ma’qil b. Yasir fell ill. ‘Ubaidullah b. Ziyad called on him to inquire after his health. Here follows the tradition as narrated by Hasan from Ma’qil.
It has been narrated on the authority of Hasan that A’idh b. ‘Amr who was one of the Companions of the Messenger of Allah (may peace be upon him) called on ‘Ubaidullah b. Ziyad and said (to him): O my son, I have heard the Messenger of Allah (may peace be upon him) say: The worst of guardians is the cruel ruler. Beware of being one of them. Ubaidullah said (to him out of arrogance): Sit you down. You are from the chaff of the Companions of Muhammad (may peace be upon him). A’idh said: Was there worthless chaff among them? Such worthless chaff appeared after them and among other people.
Chapter 6: MISAPPROPRIATION OF BOOTY IS A SERIOUS OFFENCE
It has been narrated on the authority of Abu Huraira who said: One day the Messenger of Allah (may peace be upon him) stood among us (to deliver a sermon). He talked about the misappropriation of booty, and declared it to be a serious matter and a grave sin. Then he said: I shouldn’t find that any of you should come on the Day of Judgment with a growling camel mounted on his neck, and should appeal to me for help saying:” Messenger of Allah, help me.” and I should say: I have no authority to help you; I already communicated to you. I shouldn’t find that any of you should come on the Day of Judgment with a bleating ewe mounted on his neck, and he should say to me:” Messenger of Allah, help me,” and I should say: I have no authority to help you; I conveyed to you. I shouldn’t find that one of you should come on the Day of Judgment with a Person crying loudly mounted on his neck, and he should say to me:” Messenger of Allah, help me,” and I should say: I have no authority to help you; I conveyed to you. I shouldn’t find that any one of you should come on the Day of Judgment with fluttering clothes wrapped round his neck and he should say to me:” Messenger of Allah, help me,” and I should say: I have no authority to help you; I conveyed to you. I shouldn’t find that any of you should come on the Day of Judgment with a heap of gold and silver placed on his neck and he should say to me:” Messenger of Allah, help me.” and I should say: I have no authority to help you; I already conveyed to you (the warning from the Almighty).
The above tradition has been narrated on the same authority through different chains of transmitters.
Abu Huraira has narrated this hadith with a slight variation of words.
Abu Huraira has narrated this hadith similar to the above mentioned hadith.
Chapter 7: ACCEPTANCE OF GIFTS ON THE PART OF STATE OFFICERS IS FORBIDDEN
It has been narrated on the authority of Abu Humaid as-Sa’idi who said: The Messenger of Allah (may peace be upon him) appointed a man from the Asad tribe who was called Ibn Lutbiyya in charge of Sadaqa (i. e. authorised hign to receive Sadaqa from the people on behalf of the State. When he returned (with the collictions), he said: This is for you and (this is mine as) it was presented to me as a gift. The narrator said: The Messenger of Allah (may peace be upod him) stood on the pulpit and praised God and extolled Him. Then he said: What about a State official whom I give an assignment and who (comes and) says: This is for you and this has been presented to me as a gift? Why didn’t he remain in the house of his father or the house of his mother so that he could observe whether gifts were presented to him or not. By the Being in Whose Hand is the life of Muhammad, any one of you will not take anything from it but will bring it on the Day of Judgment, carrying on his neck a camel that will be growling, or a cow that will be bellowing or an ewe that will be bleating. Then he raised his hands so that we could see the whiteness of his armpits. Then he said twice: O God, I have conveyed (Thy Commandments).
It has been reported on the authority of Abu Humaid as-Sa’idi who said: The Holy Prophet (may peace be upon him) appointed Ibn Lutbiyya, a man from the Azd tribe, in charge of Sadaqa (authorising him to receive gifts from the people on behalf of the State). He came with the collectio, gave it to the Holy Prophet (may peace be upon him). and said: This wealth is for you and this is a gift presented to me. The Holy Prophet (may peace be upon him) said to him: Why didn’t you remain in the house of your father and your mother to see whether gifts were presented to you or not. Then he stood up to deliver a sermon. Here follows the tradition like the tradition of Sufyan.
It has been reported on the authority of Abu Humaid as-Sa’idi who said: The Messenger of Allah (may peace be upon him) appointed a man from the Azd tribe. called Ibn al-, Utbiyya, in charge of Sadaqat to be received from Banu Sulaim. When he came (back), the Messenger of Allah (may peace be upon him) asked him to render his account. He said: This wealth is for you (i. e. for the public treasury) and this is a gift (presented to me). The Messenger of Allah (may peace be upon him) said: You should have remained in the house of your father and your mother, until your gift came to you if you spoke the truth; then he addressed us. He praised God and extolled Him, and afterwards said: I appoint a man from you to a responsible post sharing with the authority that God has entrusted to me, and he comes to me saying: This wealth is for you (i. e. for the public treasury) and this is a gift presented to me. Why did he not remain in the house of his father and his mother and his gift came to him, if he was truthful? By God, any one of you will not take anything from (the public funds) without any justification, but will meet his Lord carrying it on himself on the Day of judgment. I will recognise any one of you meeting Allah and carrying a growling camel, or a cow bellowing or a goat bleating. Then he raised his hands so high that whiteness of his armpits could be seen. Then he said: O my Lord, I have conveyed (Thy Commandments). The narrator says: My eyes saw (the Holy Prophet standing in that pose) and my ears heard (what he said).
This tradition has been hanoed down through a different chain of transmitters on the authority of Hisham with aslight variation in the wording.
It has been narrated on the authority of Abu Humaid as-Sa’idi that the Messenger of Allah (may peace be upon him) appointed a man in charge of Sadaqa (authorising him to receive charity from the people on behalf of the State). He came (back to the Holy prophet) with a large number of things and started saying: This is for you and this has been presented to me as a gift. Here follows the tradition that has gone before except that ‘Urwa (one of the narrators in the chain of transmitters) asked Abu Humaid: Did you hear it from the Messenger of Allah (himself) (may peace be upon him)? He replied: My ears heard it from his mouth.
It has been reported on the authority of ‘Adi b. ‘Amira al-Kindi who said: I heard the Messenger of Allah (may peace be upon him) say: Whoso from you is appointed by us to a position of authority and he conceals from us a needle or something smaller than that, it would be misappropriation (of public funds) and will (have to) produce it on the Day of Judgment. The narrator says: A dark-complexioned man from the Ansar stood up-I can visualise him still-and said: Messenger of Allah, take back from me your assignment. He said: What has happened to you? The man said: I have heard you say so and so. He said: I say that (even) now: Whoso from you is appointed by as to a position of authority, he should bring everything, big of small, and whatever he is given therefrom he should take, and he should restrain himself from taking that which is forbidden.
This hadith has been narrated on the authority of Isma’il with the same chain of transmitters.
Adi b. ‘Amira al-Kindi heard Allah’s Messenger (may peace be upon him) as saying (as) was narrated in the (above-mentioned) hadith.
Chapter 8: OBEDIENCE TO THE RULER IS FORBIDDEN IN MATTERS SINFUL, BUT IS OTHERWISE OBLIGATORY
It has been narrated on the authority of Ibn Juraij that the Qur’anic injunction:” 0 you who believe, obey Allah, His Apostle and those in authority from amongst You” (iv. 59) -was revealed in respect of ‘Abdullah b. Hudhafa b. Qais b. Adi al-Sahmi who was despatched by the Holy Prophet (may peace be upon him) as leader of a military campaign. The narrator said: He was informed of this fact by Ya’la b. Muslim who was informed by Sa’id b. Jubair who in turn was informed by Ibn Abbas.
It has been narrated on the authority of Abu Huraira that the Holy prophet (may peace be upon him) said: Whoso obeys me obeys God, and whoso disobeys me disobeys God. Whoso obeys the commander (appointed by me) obeys me, and whoso disobeys the commander disobeys me. The same tradition transmitted by different persons omits the portion: And whose disobeys the commander disobeys me.
It has been narrated on the authority of Abu Huraira that the Messenger of Allah (may peace be upon him) said: Whoso obeys me obeys God; and whose disobeys me disobeys God. Whoso obeys my commander obeys me, and whoso disobeys my commander disobeys me.
This hadith has been narrated on the authority of Abu Huraira through another chain of transmitters.
This hadith has been narrated on the authority of Abu Huraira by more than one chain of transmitters.
Hammam b. Munabbih has transmitted this hadith on the authority of Abu Huraira.
According to one version of the tradition, the Messenger of Allah (may peace be upon him) said: Whoso obeys the commander. He did not say:” My commander.”
It has been narrated on the authority of Abu Huraira that the Messenger of Allah (may peace be upon him) said: It is obligatory for you to listen to the ruler and obey him in adversity and prosperity, in pleasure and displeasure, and even when another person is given (rather undue) preference over you.
It has been narrated on the authority of Abu Dharr who said: My friend (i. e. the Holy Prophet) advised me to listen (to the man in position of authority) and obey (him) even if he were a slave maimed (and disabled).
In another version of the tradition, we have the wording:” An Abyssinian slave maimed and disabled.”
Abu ‘Imran narrated this hadith with a slight change of wording.
It has been narrated on the authority of Yahya b. Husain who learnt the tradition from his grandmother. She said that she heard the Holy Prophet (may peace be upon him) delivering his sermon on the occasion of the Last Pilgrimage. He was saying: If a slave is appointed over you and he conducts your affairs according to the Book of Allah, you should listen to him and obeey (his orders).
This hadith has been transmitted on the authority of Shu’ba with the same chain of transmitters, and he said:” a negro slave”.
In other versions of the above tradition, the wordings are” an Abyssinian slave.” and” a maimed Abyssinian slave”.
Another version of the tradition does not qualify the slave with the epithets” maimed,”" an Abyssinian” but makes the addition:” I have heard the Holy Prophet (may peace be upon him) (say this) at Mina or ‘Arafat.”
It has been narrated on the authority of Yahya b. Husain who learnt the tradition from his grandmother. Umm Husain. He said’: I heard her say: I performed Hajjat-ul-Wada’ in the company of the Messenger of Allah (may peace be upon him). He said a lot of things (on this occasion). Then I heard him say: If a maimed slave is appointed a commander over you the narrator says: I think she said:” a black stave” who leads you according to the Book of Allah, then listen to him and obey him.
It has been narrated on the authority of Ibn ‘Umar that the Holy Prophet (may peace be upon him) said: It is obligatory upon a Muslim that he should listen (to the ruler appointed over him) and obey him whether he likes it or not, except that he is ordered to do a sinful thing. If he is ordered to do a sinful act, a Muslim should neither. listen to him nor should he obey his orders.
This hadith has been transmitted on the authority of ‘Ubaidullah.
It has been narrated on the authority of Abu ‘Abd al-Rahman from ‘Ali that the Messenger of Allah (may peace be upon him) sent a force (on a mission) and appointed over them a man. He kindled a fire and said: Enter it. Some people made up their minds to enter it (the fire), (carrying out the order of their commander), but the others said: We fled from the fire (that’s why we have come into the fold of Islam). The matter was reported to the Messenger of Allah (may peace be upon him). He said to those who Contemplated entering (the fire at the order of their commander): If you had entered it, you would have remained there until the Day of Judgment. He commanded the act of the latter group and said: There is no submission in matters involving God’s disobedience or displeasure. Submission is obligatory only in what is good (and reasonable).
It has been narrated on the authority of ‘All who said: The Mersenger of Allah (may peace be upon him) sent an expeditionand appointed over the Mujahids a man from the Ansar. (While making the appointment), he ordered that his work should be listened to and obeyed. They made him angry in a matter. He said: Collect for me dry wood. They collected it for him. Then he said: Kindle a fire. They kindled (the fire). Then he said: Didn’t the Messenger of Allah (may peace be upon him) order you to listen to me and obey (my orders)? They said: Yes. He said: Enter the fire. The narrator says: (At this), they began to look at one another and said: We fled from the fire to (find refuge with) the Messenger of Allah (may peace be upon him) (and now you order us to enter it). They stood quiet until his anger cooled down and the fire went out. When they returned, they related the incident to the Messenger of Allah (may peace be upon him). He said: If they had entered it, they would not have come out. Obedience (to the commander) is obligatory only in what is good.
This hadith has been transmitted on the authority of A’mash.
It has been narrated on the authority of” Ubida who learnt the tradition from his father who, in turn, learnt it from his own father. ‘Ubada’s grandfather said: The Messenger of Allah (may peace be upon him) took an oath of allegiance from us on our listening to and obeying the orders of our commander in adversity and prosperity, in pleasure and displeasure (and even) when somebody is given preference over us, on our avoiding to dispute the delegation of powers to a person deemed to be a fit recipient thereof (in the eye of one who delegates it) and on our telling the truth in whatever position we be without fearing in the matter ef Allah the reproach of the reproacher.
This hadith has been narrated on the authority of ‘Ubada b. Walid with the same chain of transmitters.
The same tradition has been handed down through more than one chain of transmitters.
It has been narrated on the authority of Junida b. Abu Umayya who said: We called upon ‘Ubada b. Samit who was ill and said to him: May God give you health I Narrate to us a tradition which God may prove beneficial (to us) and which you have heard from the Messenger of Allah (may peace be upon him). He said: The Messenger of Allah (may peace be upon him) called us and we took the oath of allegiance to him. Among the injunctions he made binding upon us was: Listening and obedience (to the Amir) in our pleasure and displeasure, in our adversity and prosperity, even when somebody is given preference over us, and without disputing the delegation of powers to a man duly invested with them (Obedience shall be accorded to him in all circumstances) except when you have clear signs of his disbelief in (or disobedience to) God-signs that could be used as a conscientious justification (for non-compliance with his orders).
Chapter 9: WHEN A RULER ENJOINS GOD-CONSCIOUSNESS AND DOES JUSTICE, HE WILL HAVE A (GREAT) REWARD
It has been narrated on the authority of Abu Huraira that the Prophet of Allah (may peace be upon him) said: A commander (of the Muslims) is a shield for them. They fight behind him and they are protected by (him from tyrants and aggressors). If he enjoins fear of God, the Exalted and Glorious, and dispenses justice, there will be a (great) reward for him; and if he enjoins otherwise, it redounds on him.
Chapter 10: FULFILMENT OF THE COVENANT MADE WITH THE CALIPHS IS IMPERATIVE. THE CALIPH TO WHOM ALLEGIANCE IS SWORN IN THE FIRST INSTANCE HAS AN ESTABLISHED SUPREMACY OVER THOSE WHO ASSUME POWERS LATER
It has been narrated by Abu Huraira that the Holy Prophet (may pceace be upon him) said: Banu Isra’il were ruled over by the Prophets. When one Prophet died, another succeeded him; but after me there is no prophet and there will be caliphs and they will be quite large in number. His Companions said: What do you order us to do (in case we come to have more than one Caliph)? He said: The one to whom allegiance is sworn first has a supremacy over the others. Concede to them their due rights (i. e. obey them). God (Himself) will question them about the subjects whom He had entrusted to them.
The same tradition has been transmitted by a different chain of narrators.
It has been narrated on the authority of ‘Abdullah who said: The Messenger of Allah (may peace be upon him) said: After me there will be favouritism anad many things that you will not like. They (his Companions) said: Messenger of Allah, what do you order that one should do it anyone from us has to live through such a time? He said: You should discharge your own responsibility (by obeying your Amir), and ask God to cuncede your right (by guiding the Amir to the right path or by replacing him by one more just and God-fearing).
It has been narrated on the authority of ‘Abd al-Rahman b. Abd Rabb al-Ka’ba who said: I entered the mosque when ‘Abdullah b. ‘Amr b. al-’As was sitting in the shade of the Ka’ba and the people had gathered around him. I betook myself to them and sat near him. (Now) Abdullah said: I accompanied the Messenger of Allah (may peace be upon him) on a journey. We halted at a place. Some of us began to set right their tents, others began to compete with one another in shooting, and others began to graze their beasts, when an announcer of the Messenger of Allah (may peace be upon him) announced that the people should gather together for prayer, so we gathered around the Messenger of Allah (may peace be upon him). He said: It was the duty of every Prophet that has gone before me to guide his followers to what he knew was good for them and warn them against what he knew was bad for them; but this Umma of yours has its days of peace and (security) in the beginning of its career, and in the last phase of its existence it will be afflicted with trials and with things disagreeable to you. (In this phase of the Umma), there will be tremendous trials one after the other, each making the previous one dwindle into insignificance. When they would be afflicted with a trial, the believer would say: This is going to bring about my destruction. When at (the trial) is over, they would be afflicted with another trial, and the believer would say: This surely is going to be my end. Whoever wishes to be delivered from the fire and enter the garden should die with faith in Allah and the Last Day and should treat the people as he wishes to be treated by them. He who swears allegiance to a Caliph should give him the piedge of his hand and the sincerity of his heart (i. e. submit to him both outwardly as well as inwardly). He should obey him to the best of his capacity. It another man comes forward (as a claimant to Caliphate), disputing his authority, they (the Muslims) should behead the latter. The narrator says: I came close to him (‘Abdullah b. ‘Amr b. al-’As) and said to him: Can you say on oath that you heard it from the Messenger of Allah (may peace be upon him)? He pointed with his hands to his ears and his heart and said: My ears heard it and my mind retained it. I said to him: This cousin of yours, Mu’awiya, orders us to unjustly consume our wealth among ourselves and to kill one another, while Allah says:” O ye who believe, do not consume your wealth among yourselves unjustly, unless it be trade based on mutual agreement, and do not kill yourselves. Verily, God is Merciful to you” (iv. 29). The narrator says that (hearing this) Abdullah b. ‘Amr b. al-As kept quiet for a while and then said: Obey him in so far as he is obedient to God; and diqobey him in matters involving disobedience to God.
This hadith has been narrated on the authority of A’mash with a different chain of transmitters.
It has been narrated on the authority of ‘Abd Rabb al-Ka’ba as-Sa’idl who said: I saw a group of people near the Ka’ba…. Then he narrated the tradition as narrated by A’mash.
Chapter 11: PATIENCE AT THE TYRANNY OF THE GOVERNORS AND THEIR UNDUE PREFERENCES
It has been narrated on the authority of Usaid b. Hudair that a man from the Ansar took the Messenger of Allah (may peace be upon him) aside and said to him: Will you not appoint me governor as you have appointed so and so? He (the Messenger of Allah) said: You will surely come across preferential treatment after me, so you should be patient until you meet me at the Cistern (Haud-i-Kauthar).
This tradition has been narrated on the same authority through a different chain of transmitters. Another version of the tradition narrated on the authority of Shu’ba does not include the words:” He took the Messenger of Allah (may peace be upon him) aside.”
Chapter 12: OBEDIENCE TO BE SHOWN TO THE (CALIPHS) EVEN IF THEY WITHHOLD THE PEOPLE’S DUE RIGHTS
It has been narrated on the authority of Alqama b. Wai’l al-Hadrami who learnt the tradition from his father. The latter said: Salama b. Yazid al-ju’afi asked the Messenger of Allah (may peace be upon him): Prophet of Allah, what do you think if we have rulers who rule over us and demand that we discharge our obligations towards them, but they (themselves) do not discharge their own responsibilities towards us? What do you order us to do? The Messenger of Allah (may peace be upon him) avoided giving any answer. Salama asked him again. He (again) avoided giving any answer. Then he asked again-it was the second time or the third time-when Ash’ath b. Qais (finding that the Holy Prophet was unnecessarily being pressed for answer) pulled him aside and said: Listen to them and obey them, for on them shall he their burden and on you shall be your burden.
It has been narrated through a different chain of transmitters. on the authority of Simak who said: Ash’ath b. Qais pulled him (Salama b. Yazid) when the Messenger of Allah (may peace be upon him) said: Listen to them and obey them, for on them shall be the burden of what tney do and on you shall be the burden of what you do.
Chapter 13: INSTRUCTION TO STICK TO THE MAIN BODY OF THE MUSLIMS IN THE TIME OF TRIALS AND WARNING AGAINST THOSE INVITING PEOPLE TO DISBELIEF
It has been narrated on the authority of Hudhaifa b. al-Yaman who said: People used to ask the Messenger of Allah (may peace be upon him) about the good times, but I used to ask him about bad times fearing lest they overtake me. I said: Messenger of Allah, we were in the midst of ignorance and evil, and then God brought us this good (time through Islam). Is there any bad time after this good one? He said: Yes. I asked: Will there be a good time again after that bad time? He said: Yes, but therein will be a hidden evil. I asked: What will be the evil hidden therein? He said: (That time will witness the rise of) the people who will adopt ways other than mine and seek guidance other than mine. You will know good points as well as bad points. I asked: Will there be a bad time after this good one? He said: Yes. (A time will come) when there will be people standing and inviting at the gates of Hell. Whoso responds to their call they will throw them into the fire. I said: Messenger of Allah, describe them for us. He said: All right. They will be a people having the same complexion as ours and speaking our language. I said: Messenger of Allah, what do you suggest if I happen to live in that time? He said: You should stick to the main body of the Muslims and their leader. I said: If they have no (such thing as the) main body and have no leader? He said: Separate yourself from all these factions, though you may have to eat the roots of trees (in a jungle) until death comes to you and you are in this state.
It his been narrated through a different chain of transmitters, on the authority of Hudhaifa b. al-Yaman who said: Messenger of Allah, no doubt, we had an evil time (i. e. the days of Jahiliyya or ignorance) and God brought us a good time (i. e. Islamic period) through which we are now living Will there be a bad time after this good time? He (the Holy Prophet) said: Yes. I said: Will there be a good time after this bad time? He said: Yes. I said: Will there be a bad time after good time? He said: Yes. I said: How? Whereupon he said: There will be leaders who will not be led by my guidance and who will not adopt my ways? There will be among them men who will have the hearts of devils in the bodies of human beings. I said: What should I do. Messenger of Allah, if I (happen) to live in that time? He replied: You will listen to the Amir and carry out his orders; even if your back is flogged and your wealth is snatched, you should listen and obey.
It has been narrated on the authority of Abu Huraira that the Messenger of Allah (may peace be upon him) said: One who defected from obedience (to the Amir) and separated from the main body of the Muslims-if he died in that state-would die the death of one belonging to the days of Jahiliyya (i. e. would not die as a Muslim). One who fights under the banner of a people who ate blind (to the cause for which they are fighting. i. e. do not know whether their cause is just or otherwise), who gets flared up with family pride, calls, (people) to fight for their. family honour, and supports his kith and kin (i. e. fignts not for the cause of Allah but for the sake of this family or tribe) -if he is killed (in this fight), he dies as one belonging to the days of Jhiliyya. Whoso attacks my Umma (indiscriminately) killing the righteous and the wicked of them, sparing not (even) those staunch in faith and fulfilling not his promise made with those who have been given a pledge of security-he has nothing to do with me and I have nothing to do with him.
The same tradition has been narrated by the same authority through another chain of transmitters with a slight difference in wording.
It has been narrated (through a different chain of transmitters) on the authority of Abu Huraira that the Messenger of Allah (may peace be upon him) said: Who defected from obedience (to the Amir) and separated from the main body of the Muslim-then he died in that state-would die the death of one belonging to the days of Jahillyya. And he who is killed under the banner of a man who is blind (to the cause for which he is fighting), who gets flared up with family pride and fights for his tribe-is not from my Umma, and whoso from my followers attacks my followers (indiscriminately) killing the righteous and the wicked of them, sparing not (even) those staunch in faith and fulfilling not his obligation towards them who have been given a pledge (of security), is not from me (i. e. is not my follower).
This hadlth has been narrated on the authority of Jarir with the same chain of transmitters with a slight variation in wording.
It has been narrated on the authority of Ibn ‘Abbas that the messenger of Allah (may peace be upon him) said: One who found in his Amir something which he disliked should hold his patience, for one who separated from the main body of the Muslims even to the extent of a handspan and then he died would die the death of one belonging to the days of Jahiliyya.
It has been narrated (through a different chain of transmitters) on the authority of Ibn Abbas that the Messenger of Allah (may peace be upoh him) said: One who dislikes a thing done by his Amir should be patient over it, for anyone from the people who withdraws (his obedience) from the government, even to the extent of a handspan and died in that conditions, would die the death of one belonging to the days of jahilliyya.
It has been narrated on the authority of Ibn ‘Abdullah al-Bajali that the Messenger of Allah (may peace be upon him) said: One who is killed under the banner of a man who is blind (to his just cause), who raises the slogan of family or supports his own tribe, dies the death of one belonging to the days of Jahiliyya.
It has been reported on the authority of Nafi, that ‘Abdullah b. Umar paid a visit to Abdullah b. Muti’ in the days (when atrocities were perpetrated on the People Of Medina) at Harra in the time of Yazid b. Mu’awiya. Ibn Muti’ said: Place a pillow for Abu ‘Abd al-Rahman (family name of ‘Abdullah b. ‘Umar). But the latter said: I have not come to sit with you. I have come to you to tell you a tradition I heard from the Messenger of Allah (may peace be upon him). I heard him say: One who withdraws his band from obedience (to the Amir) will find no argument (in his defence) when he stands before Allah on the Day of Judgment, and one who dies without having bound himself by an oath of allegiance (to an Amir) will die the death of one belonging to the days of Jahillyya.
It has been narrated on the authority of Abu ‘Umar that he visited Ibn Muti’, and related from the Holy Prophet (may peace be upon him) the tradition that has gone before.
The same tradition has been transmitted by a different chain of narrators.
Chapter 14: DECISION ABOUT ONE WHO TRIES TO DISRUPT THE UNITY OF THE MUSLIMS
It has been narrated on the authority of ‘Arfaja who said: I have heard the Messenger of Allah (may peace be upon him) say: Different evils will make their appearance in the near future. Anyone who tries to disrupt the affairs of this Umma while they are united you should strike him with the sword whoever he be. (If remonstrance does not prevail with him and he does not desist from his disruptive activities, he is to be killed.)
In another version of the tradition narrated on the same authority through a different chains of transmitters we have the words:” Kill him.”
It has been narrated (through a still different chain of transmitters) on the Same authority (i. e. ‘Arfaja) who said similarly-but adding:” Kill all of them.” I heard the Messenger of Allah (may peace be upon him) say: When you are holding to one single man as your leader, you should kill who seeks to undermine your solidarity or disrupt your unity.
Chapter 15: WHEN THE OATH OF ALLEGIANCE HAS BEEN OBTAINED FOR TWO CALIPHS
It has been narrated on the authority of Aba Sa’id al-Khudri that the Messenger of Allah (may peace be upon him) said: When oath of allegiance has been taken for two caliphs, kill the one for whom the oath was taken later.
Chapter 16: JUSTIFICATION FOR HATING THE AMIRS FOR VIOLATING THE LAWS OF THE SHARI’AH
It has been narrated on the authority of Umm Salama that the Messenger of Allah (may peace be upon him) said: In the near future there will be Amirs and you will like their good deeds and dislike their bad deeds. One who sees through their bad deeds (and tries to prevent their repetition by his band or through his speech), is absolved from blame, but one who hates their bad deeds (in the heart of his heart, being unable to prevent their recurrence by his hand or his tongue), is (also) fafe ( so far as God’s wrath is concerned). But one who approves of their bad deeds and imitates them is spiritually ruined. People asked (the Holy Prophet): Shouldn’t we fight against them? He replied: No, as long as they say their prayers.
It has been narrated (through a different chain of tmnamitters) on the authority of Umm Salama (wife of the Holy Prophet) that he said: Amirs will be appointed over you, and you will find them doing good as well as bad deeds. One who hates their bad deeds is absolved from blame. One who disapproves of their bad deeds is (also) safe (so far as Divine wrath is concerned). But one who approves of their bad deeds and imitates them (is doomed). People asked: Messenger of Allah, shouldn’t we fight against them? He replied: No, as long as they say their prayer. (” Hating and disapproving” refers to liking and disliking from the heart.)
Another version of the tradition narrated on the same authority attributes the same words to the Messenger of Allah (may peace be upon him) except that it replaces kariha with ankhara and vice versa.
Another version omits a portion at the end of the tradition-a portion which begins with man radiya wa taba and ends with the last word of the tradition.
Chapter 17: THE BEST AND THE WORST OR YOUR RULERS
It has been narrated on the authority of ‘Auf b. Malik that the Messenger of Allah (may peace be upon him) said: The best of your rulers are those whom you love and who love you, who invoke God’s blessings upon you and you invoke His blessings upon them. And the worst of your rulers are those whom you hate and who hate you and whom you curse and who curse you. It was asked (by those present): Shouldn’t we overthrow them with the help of the sword? He said: No, as long as they establish prayer among you. If you then find anything detestable in them. You should hate their administration, but do not withdraw yourselves from their obedience.
It has been narrated on the authority of Auf b. Malik al-Ashja’i who said that he heard the Messenger of Allah (may peace be upon him) say: The best of your rulers are those whom you love and who love you, upon whom you invoke God’s blessings and who invoke His blessing upon you. And the worst of your rulers are those whom you hate and who hate you, who curse you and whom you curse. (Those present) said: Shouldn’t we overthrow them at this? He said: No, as long as they establish prayer among you. No, as long as they establish prayer among you. Mind you! One who has a governor appointed over him and he finds that the governor indulges in an act of disobedience to God, he should condemn the governor’s act, in disobedience to God, but should not withdraw himself from his obedience. Ibn Jabir said: Ruzaiq narrated to me this hadith. I asked him: Abu Miqdam, have you heard it from Muslim b. Qaraza or did he describe it to you and he heard it from ‘Auf (b. Malik) and he transmitted this tradition of Allah’s Messenger (may peace be upon him)? Upon this Ruzaiq sat upon his knees and facing the Qibla said: By Allah, besides Whom there is no other God, I heard it from Muslim b. Qaraza and he said that te had heard it from Auf (b. Malik) and he said that he had heard it from the Messenger of Allah (may peace be upon him).
The above tradition has been narrated through a different chain of transmitters.
Chapter 18: IT IS GOOD ON THE PART OF A LEADER TO TAKE THE OATH OF ALLEGIANCE FROM HIS FORCES WHEN INTENDING TO FIGHT AND AN ACCOUNT OF THE ALLEGIANCE OF GOD’S PLEASURE UNDER THE TREE
It has been narrated on the authority of Jabir who said: We were one thousand and four hundred on the Day of Hudaibiya. We swore fealty to hiin (the Holy Prophet) and ‘Umar was holding the latter’s hand (when he was sitting) under the tree (called) Samura (to administer the oath to the Companions). The narrator added: We took oath to the effect that we would not flee (from the battlefield if there was an encounter with the Meccans), but we did not take oath to fight to death.
It has been narrated (through a different chain of transmitters) on the authority of Jabir who said: While swearing fealty to the Holy Prophet (may peace be upon him) we did not take the oath to death but that we would not run away (from the battlefield).
It has been narrated on the authority of Abu Zubair who heard Jabir being questioned as to how many people were there on the Day of Hudaibiya He replied: We wore fourteen hundred. We swore fealty to him, and Umar was holding his hand while he was sitting Under the tree (to administer the oath). The tree was Samura (a wild tree found in desers). All of as took tha oath of fealty at his hands except Jadd b. Qais al-Ansari who hid himself under the belly of his camel.
It has been narrated (through a different chain of transmitters) on the authority of Abu Zubair who heard Jabir being questioned as to whether the Holy Prophet (may peace be upon him) took the oath of fealty at Dhu’l-Hulaifa. He said: No! But he offered his prayers at that place, and he administered the oath of fealty nowhere except near the tree in (the plain oo Hudaibiya. Ibn Juraij said that he was informed by Abu Zabair who heard Jabir b. Abdullah say: The Holy Prophet (may peace be upon him) prayed over the well at Hudaibiya (as a result of which its scanty water rose up and increased so as to be sufficient for the 1400 or 1500 men who had encamped at the place).
It has been narrated (through a different chain of transmitters) on the authority of Jabir who said: We were one thousand and four hundred on the Day of Hudaibiya when the Holy Prophet (may peace be upon him) said to us: Today you are the best people on the earth. And Jabir said: If I had the eyesight, I could show you the place of the tree.
It has been narrated on the authority of Salim b. Abu al-Ja’d who said: I asked Jabir b. ‘Abdullah about the number of the Companions (of the Holy Prophet who took the oath of fealty under) the tree. He said: If we were a hundred thousand, it (i. e. the water in the well at Hudaibiya) would have sufficed us, but actually we were one thousand and five hundred.
It has been narrated on the authority of Jabir who said: If we had been a hundred thousand in number, it (the water) would have sufficed us, but actually we were fifteen hundred.
It has been narrated (through a different chain of transmitters) on the authority of Salim b. al-Ja’d who said: I asked Jabir: How many were you on the Day of Hudaibiya? He said: One thousand and four hundred.
It has been narrated on the authority of ‘Abdullah b. Abu Aufa who said: The Companions of the Tree (i e. those who swore fealty under the tree) were one thousand and three hundred, and the people of Aslam tribe were one-eighth of the Muhajirs.
The same tradition has been handed down through a different chain of transmitters.
It has been narrated on the authority of Ma’qil b. Yasar who aaid: I remember being present on the Day of the Tree, and the Holy Prophet (may peace be upon him) was taking the oath of the people and I was holding a twig of the tree over his head. We were fourteen hundred (in number). We did not take oath to the death, but to the effect that we would not run away from the battlefield.
This hadith has been narrated on the authority of Yunus with the same chain of transmitters.
It has been narrated on the authority of Sa’id b. Musayyab who said: My father was one of those who swore fealty to the Messenger of Allah (may peace be upon him) near the tree. When we passed that way next year intending to perform the Hajj, the place of the tree was hidden to us. If you could point out clearly, you would (certainly) be knowing better.
It has also been narrated on the authority of Sa’id b. Musayyib who learnt from his father that they were with the Messenger of Allah (may peace be upon him) in the year of the Tree (i. e. in the year of the fealty of God’s pleasure sworn under the tree at Hudaibiya), but next year they forgot the spot of the tree.
The tradition has been narrated on the authority of Sa’id b. Musayyib who learnt it from his father. The latter said: I had seen the tree. When I came to the spot afterwards, I could not recognise it.
It has been narrated on the authority of Yazid b. Abu Ubaid (the freed slave of Salama b. al-Akwa’) who said: 1 asked Salama as to what effect he had sworn fealty to the Messenger of Allah (may peace be upon him) on the Day of Hudaibiya. He said: To the effect that we will die fighting.
The above tradition has also been handed down through a different chain of transmitters.
It has been narrated on the authority of Abdullah b. Zaid who said: A person came to him and said: Here is Ibn Hanzala who is making people swear allegiance to him. He (, Abdullah) asked: To what effect? He replied: To the effect that they will die for him. ‘Abdullah said: I will never swear allegiance to this effect after the Messenger of Allah (may peace be upon him).
Chapter 19: IT IS FORBIDDEN TO A MUHAJIR TO RETURN TO HIS NATIVE PLACE FOR THE PURPOSE OF RESETTLING THERE
It has been narrated by Salama b. al-Akwa’ that he visited al-Hajjaj who said to him: O son of al-Akwa’, you have turned apostate and have come to live again in the desert with the Bedouins (after your migration). He said: No, but the Messenger of Allah (may peace be upon him) has permitted me to live in the desert.
Chapter 20: NO MIGRATION AFTER THE CONQUEST OF MECCA BUT ALLEGIANCE COULD BE SWORN (TO A RIGHTFUL LEADER) ON SERVING THE CAUSE OF ISLAM, ON FIGHTING IN THE WAY OF ALLAH AND ON FOLLOWING THE PATH OF VIRTUE
It has been reported on the authority of Mujashi’ b. Mas’ud as-Sulami who said: I came to the Holy Prophet (may peace be upon him) to offer him my pledge of migration. He said: The period of migration has expired (and those who wereto get the reward for this great act of devotion have got it). You may now give your pledge to serve the cause of Islam, to strive in the way of Allah and to follow the path of virtue.
It has been reported on the authority of Mujashi’ b. Mas’ud who said: I brought my brother Abu Ma’bad to the Messenger of Allah (may peace he upon him) after the conquest of Mecca and said: Messenger of Allah, allow him to swear his pledge of migration at your hand. He said: The period of migration is over with those who had to do it (and now nobody can get this meritorious distinctions) I said: For what actions will you allow him to bind himself in oath? He said: (He can do so) for serving the cause of Islam, for fighting in the way of Allah and for fighting in the cause of virtue. Abd Uthman said: I met Abd Ma’bad and told him what I had heard from Mujashi’. He said: He has told the truth.
Another version of the tradition transmitted on the authority of Asim has the same wording but does not mention the name of Abu Ma’bad.
It has been narrated on the authority of Ibn ‘Abbas that the Messenger of Allah (may peace be upon him) said on the day of the Conquest of Mecca: There is no Hijra now, but (only) Jihad (fighting for the cause of Islam) and sincerity of purpose (have great reward) ; when you are asked to set out (on an expedition undertaken for the cause of Islam) you should (readily) do so.
The above tradition has been handed down through a different chain of transmitters.
‘A’isha reported that the Messenger of Allah (may peace be upon him) was asked about migration, whereupon he said: There is no migration after the Conquest (of Mecca), but Jihad and sincere intention. When you are asked to set out (for the cause of Islam), you should set out,
It has been narrated on the authority of Abu Sa’id al-Khudari that a Bedouin asked the Messenger of Allah (may peace be upon him) about Migration. He replied: Do you talk of Hijra? The affair of Hijra is very difficult. But have you got camels? The bedouin said: Yes. He asked: Do you pay the poor-rate payable on their account? He replied: Yes. He (the Holy Prophet) said: Go on doing good deeds (across the seas), for surely God will not leave any of your deeds unrewarded.
This tradition has been handed down through a different chain of transmitter with the addition of the following words at the end:” Do you milk them on the day they arrive at the water? He replied: Yes.”
Chapter 21: HOW THE WOMEN SWORE FEALTY (TO THE HOLY PROPHET)
It has been narrated on the authority of ‘A’isha, the wife of the Holy Prophet (may peace be upon him). She said: When the believing women migrated (to Medina) and came to the Messenger of Allah (may peace be upon him), they would be tested in accordance with the following words of Allah. the Almighty and Exalted:” O Prophet, when believing women come to thee to take the oath of fealty to thee that they will not associate in worship anything with God, that they will not steal. that, they will not commit adultery…” to the end of the verse (lx. 62).
Whoso from the believing women accepted these conditions and agreed to abide by them were considered to have offered themselves for swearing fealty. When they had (formally) declared their resolve to do so, the Messenger of Allah (may peace he upon him) would say to them: You may go. I have confirmed your fealty. By God, the hand of the Messenger of Allah (may peace be upon him) never touched the hand of a woman. He would take the oath of fealty from them by oral declaration. By God, the Messenger of Allah (may peace be upon him) never took any vow from women except that which God had ordered him to take, and his palm never touched the palm of a woman. When he had taken their vow, he would tell them that he had taken the oath from them orally.
It has been narrated on the authority of ‘Urwa that ‘A’isha described to him the way the Holy Prophet (may peace be upon him) took the oath of fealty from women. She said: The Messenger of Allah (may peace be upon him) never touched a woman with his hand. He would only take a vow from her and when he had taken the (verbal) vow, he would say: You may go. I have accepted your fealty.
Chapter 22: SWEARING FEALTY FOR LISTENING TO AND OBEYING THE ORDERS OF THE LEADER AS FAR AS POSSIBLE
It has been narrated on the authority of Abdullah b. ‘Umar who said: We used to take oath to the Messenger of Allah (may peace be upon him) that we would listen to and obey his orders. He would tell us (to say in the oath): As far as it lies in my power.
Chapter 23: THE AGE OF MAJORITY
It has been narrated on the authority of Ibn ‘Umar who said: The Messenger of Allah (may peace be upon him) inspected me on the battlefield on the Day of Uhud, and I was fourteen years old. He did not allow me (to take part in the fight). He inspected me on the Day of Khandaq-and I was fifteen yearsold, and he permitted me (to fight), Nafi’ said: I came to ‘Umar b. ‘Abd al-’Aziz who was then Caliph, and narrated this tradition to him. He said: Surely, this is the demarcation between a minor and a major. So he wrote to his governors that they should pay subsistence allowance to one who was fifteen years old, but should treat those of lesser age among children.
This tradition has been handed down through a different chain Of transmitters with the following change in the wording:” I was fourteen years old and he thought me too young (to participate in the fight).”
Chapter 24: IT IS FORBIDDEN TO TAKE THE QUR’AN TO THE LAND OF THE INFIDELS WHEN IT IS FEARED THAT IT MIGHT FALL INTO THEIR HANDS
It has been narrated on the authority of Ibn ‘Umar who said: The Messenger of Allah (may peace be upon him) forbade that one should travel to the land of the enemy taking the Qur’an with him.
It has been narrated on the authority of Abdullah b. Umar that the Messenger of Allah (may peace be upon him) used to forbid that one should travel to the land of the enemy taking the Qur’an (with him) lest it should fall into the hands of the enemy.
It has been narrated on the authority of Ibn ‘Umar that the Messenger of Allah (may peace be upon him) said: Do not take the Qur’an on a journey with you, for I am afraid lost it should fall into the hands of the enemy. Ayyub (one of the narrators in the chain of transmitters) said: The enemy may seize it and may quarrel with you over it.
Chapter 25: RACE BETWEEN HORSES AND THEIR TRAINING FOR THE COMPETITION
It has been narrated on the authority of Ibn ‘Umar that the Messenger of Allah (may peace be upon him) had a race of the horses which had been especially prepared for the purpose from Hafya’ to Thaniyyat al-Wada’ (the latter being the winning post), and of those which had not been trained from Thaniyya to the mosque of Banu Zuraiq, and Ibn Umar was among those who took part in this race.
This tradition has been handed down through another chain of transmitters with the addition of the following words from Abdullah b. ‘Umar:” I came first in the race and my horse jumped into the mosque with me.”
Chapter 26: GREAT BENEFIT IN THE FORELOCKS OF THE HORSES
It has been narrated on the authority of Ibn Umar that the Messenger of Allah (may peace be upon him) said: There will be great benefit in the forelock of the horses until the Day of judgment.
The same tradition has been handed down through a different chain of transmitters.
It has been narrated on the authority of Jarir b. Abdullah who said: I saw that the Messenger of Allah (may peace be upon him) was twisting the forelock of a horse with his fingers and he was saying: (A great) benefit. i. e. reward (for rearing them for Jihad) and spoils of war, has been tied to the forelocks of horses until the Day of Judgment.
The above tradition has also been narrated on the authority of Yunus through a different chain of transmitters.
The same tradition has been narrated on the authority of Urwat al-Bariqi who said that the Prophet (may peace be upon him) said: Great good is attached to the forelock of the horses until the Day of Judgment.
‘Urwat al-Bariqi reported Allah’s Messenger (may peace be upon him) having said this: Good is tied to the forelock of the horses. It Was said to him: Messenger of Allah, why is it so? He (the Holy Prophet said): For reward and booty until the Day of Judgment.
This hadith has been narrated with the same chain of transmitters with the difference that here instead of” Urwat al-Bariqi” there is” Urwa b. ja’d.”
A version of the tradition narrated on the authority of ‘Urwat al-Bariqi does not mention (the words):” reward and booty”.
A version of the tradition transmitted on the authority of ‘Urwa b. al-ja’d does not mention” reward and booty”.
It has been narrated on the authority of Anas b. Malik that the Messenger of Allah (may peace be upon him) said: There is a blessing in the forelocks of the war horses.
A hadith like this has been narrated on the authority of Anas through another chain of transmitters.
Chapter 27: THE HORSES OF UNDESIRABLE QUALITY
It has been narrated on the authority of Abn Huraira that the Messenger of Allah (may peace be upon him) used to dislike the Shikal horse.
This tradition has been narrated on the authority of Sufyan with the addition from Abd ar-Razzaq (one of the narrators) explaining the meaning of shikal as a bone whose right back foot and left front foot or left back foot and right front foot are white.
The tradition has been handed down through a different chain of transmitters.
Chapter 28: THE MERIT OF JIHAD AND CAMPAIGNING IN THE WAY OF ALLAH
It has been narrated on the authority of Abu Huraira that the Messenger of Allah (may peace upon him) said: Allah has undertaken to look after the affairs of one who goes out to fight in His way believing in Him and affirming the truth of His Apostles. He is committed to His care that Re will either admit him to Paradise or bring him back to his home from where he set out with a reward or (his share of) booty. By the Being in Whose Hand is the life of Muhammad. If a person gets wounded in the way of Allah, he will come on the Day of Judgment with his wound in the same condition as it was when it was first inflicted; its colour being the colour of blood but its smell will be the smell of musk. By, the Being in Whose Hand is Muhammad’s life, if it were not to be too hard upon the Muslime. I would not lag behind any expedition which is going to fight in the cause of Allah. But I do not have abundant means to provide them (the Mujahids) with riding beasts, nor have they (i. e. all of them) abundant means (to provide themselves with all the means of Jihad) so that they could he left behind. By the Being in Whose Hand is Mubammgls lac, I love to fight in the way of Allah and be killed, to fight and again be killed and to fight again and be killed.
The same tradition has been melted through another chain of transmitters.
It has been narrated on the authority of Abu Huraira who said: Allah has undertaken to provide for one who leaves his home (only) to fight for His cause and to affirm the truth of His word; Allah will either admit him to Paradise or will bring him back home from where he had come out, with his reward and booty.
It has been narrated on the authority of Abu Huraira that the Messenger of Allah (may peace be upon him) said: One who is wounded in the way of Allah-and Allah knows better who is wounded in His way-will appear on the Day of Judgment with his wound bleediing. The colour (of its discharge) will be the colour of blood, (but) its smell will be the smell of musk.
It has been narrated on the authority of Abu Haraira that the Messenger of Allah (may peace be upon him) said: Every wound received by a Muslim in the way of Allah will appear on the Day of Judgment in the same condition as it was when it was inflicted, and would be bleeding profusely. The colour (of its discharge) will be the colour of blood, but its smell will be the smell of musk. By the Being in Whose Hand is Muhammad’s life, if it were not hard upon the Muslims, I would not lag behind any expedition undertaken for Jihad, but I do not possess abundant means to provide the Mujahids with riding animals, nor do they (i. e. all of them) have abundant means (to provide themselves with all the means of Jihad) to follow me, nor would it please their hearts to stay behind me.
It has been narrated on the authority of Abu Huraira who said: I heard the Messenger of Allah (may peace be upon him) say: I would not stay behind (when) an expedition (for Jihad was being mobilised) if it were going to be too hard upon the believers…. This is followed by the same words as have appeared in the previous tradition, but this tradition has the same ending as the previous hadith with a slight difference in the wording:” By the Being in Whose Hand is my life, I love that I should be killed in the way of Allah; then I should be brought back to life and be killed again in His way….”
It has been narrated on the authority of Abu Huraira that the Messenger of Allah (may peace be upon him) said: If it were not hard upon my Umma (to follow my example), I would not lag behind any expedition-as in the traditions gone before.
Another version of the tradition narrated through a different chain of transmitters on the authority of Abu Huraira has the same wording as the previous tradition:” Allah takes care of one who goes out in the way of Allah” but ends in the words:” I would not lag behind any expedition which is undertaken to fight in the way of Allah, the Exalted.”
Chapter 29: THE MERIT OF MARTYRDOM
It has been narrated on the authority of Anas b. Malik that the Messenger of Allah (may peace be upon him) said:” Nobody who dies and has something good for him with Allah will (ever like to) return to this world even though he were offered the whole world and all that is in its (as an inducement), except the martyr who desires to return and be killed in the world for the (great) merit of martyrdom that he has seen.
It has been narrated on the authority of Anas b. Malik (through a different chain of transmitters) that the Messenger of Allah (may peace be upon him) said: Nobody who enters Paradise will (ever like to) return to this world even if he were offered everything on the surface of the earth (as an inducement) except the martyr who will desire to return to this world and be killed ten times for the sake of the great honour that has been bestowed upon him.
It has been narrated on the authority of Abu Huraira who said: The Messenger of Allah (may peace be upon him) was asked: What deed could be an equivalent of Jihad in the way of Allah, the Almighty and Exalted? He answered: You do not have the strength to do that deed. The narrator said: They repeated the question twice or thrice. Every time he answered: You do not have the strength to do it. When the question was asked for the third time, he said: One who goes out for Jibad is like a person who keeps fasts, stands in prayer (constantly), (obeying) Allah’s (behests contained in) the verses (of the Qur’an), and does not exhibit any lassitude in fasting and prayer until the Mujihid returns from Jihad in the way of Allah, the Exalted.
This tradition has been handed down through a different chain of transmitters.
It has been narrated on the authority of Nu’man b. Bashir who said: As I was (sitting) near the pulpit of the Messenger of Allah (may peace be upon him), a man said: I do not care if, after embracing Islam, I do not do any good deed (except) distributing drinking water among the pilgrims. Another said: I do not care if, after embracing Islam, I do not do any good deed beyond maintenance service to the Sacred Mosque. Another said: Jihad in the way of Allah is better than what you have said. ‘Umar reprimanded them and said: Don’t raise your voices near the pulpit of the Messenger of Allah (may peace be upon him) on Friday. When prayer was over, I entered (the apartment of the Holy Prophet) and asked his verdict about the matter in which they had differed. (It was upon this that) Allah, the Almighty and Exalted, revealed the Qur’anic verse:” Do you make the giving of drinking water to the pilgrims and the maintenance of the Sacred Mosque equal to (the service of those) who believe in Allah and the Last Day and strive hard in the cause of Allah. They are not equal in the sight of God. And Allah guides not the wrongdoing people” (ix. 20). This tradition has been narrated on the authority of Nu’man b. Bashir through another chain of transmitters.
Chapter 30: MERIT OF LEAVING FOR JIHAD IN THE MORNING AND EVENING
It has been narrated on the authority of Anas b. Malik that the Messenger of Allah (may peace be upon him) said: Leaving (for Jihad) in the way of Allah in the morning or in the evening (will merit a reward) better than the world and all that is in it.
It has been narrated on the authority of Sahl b. Sa’d as-Sa’idi that the Messenger of Allah (may peace be upon him) said: The journey undertaken by a person in the morning (for Jihad) in the way of Allah (will merit a reward) better than the world and all that is in it.
It has been narrated on the authority of Sahl b. Sa’d as-Sa’idi that the Messenger of Allah (may peace be upon him) said: A journey undertaken in the morning or evening (fond Jihad) in the way of Allah (will merit a reward) better than the world and all that is in it.
It has been narrated on the authority of Abu Huraira that the Messenger of Allah (may peace be upon him) said: If some persons of my Umma (were not to undertake the hardships of Jihad), and he (Abu Huraira) then narrated the rest of the hadith and then said: A journey undertaken for jihad in the evening or morning merits a reward better than the world and all that is in it.
It has been narrated on the authority of Abu Ayyub that the Messenger of Allah (may peace be upon him) said: A journey undertaken in the morning or evening (for Jihad) in the way of Allah is better than (anything) on which the sun rises or sets.
This tradition has been narrated on the authority of Abu Ayyub through a different chain of transmitters having the same wording.
Chapter 31: THE HIGH POSITION RESERVED BY GOD FOR MUJAHIDS IN PARADISE
It has been narrated on the authority of Abu Sa’id Khudri that the Messenger of Allah (may peace be upon him) said (to him): Abu Sa’id, whoever cheerfully accepts Allah as his Lord, Islam as his religion and Mubammad as his Apostle is necessarily entitled to enter Paradise. He (Abu Sa’id) wondered at it and said: Messenger of Allah, repeat it for me. He (the Messenger of Allah) did that and said: There is another act which elevates the position of a man in Paradise to a grade one hundred (higher), and the elevation between one grade and the other is equal to the height of the heaven from the earth. He (Abu Sa’id) said: What is that act? He replied: Jihad in the way of Allah! Jihad in the way of Allah!
Chapter 32: ONE WHO IS KILLED IN THE WAY OF ALLAH WILL HAVE ALL HIS SINS BLOTTED OUT EXCEPF DEBT
It has been narrated on the authority of Abu Qatada that the Messenger of Allah (may peace be upon him) stood up among them (his Companions) to deliver his sermon in which he told them that Jihad in the way of Allah and belief in Allah (with all His Attributes) are the most meritorious of acts. A man stood up and said: Messenger of Allah, do you think that if I am killed in the way of Allah, my sins will be blotted out from me? The Messenger of Allah (may peace be upon him) said: Yes, in case you are killed in the way of Allah and you were patient and sincere and you always fought facing the enemy, never turming your back upon him. Then he added: What have you said (now)? (Wishing to have further assurance from him for his satisfaction), he asked (again): Do you think if I am killed in the way of Allah, all my sins will be obliterated from me? The Messenger of Allah (may peace be upon him) said: Yes, it you were patient and sincere and always fought facing the enemy and never turning your back upon him, (all your lapses would be forgiven) except debt. Gabriel has told me this.
The tradition has been narrated through a different chain of transmitters on the authority of Abu Qatada who said: A man came to the Messenger of Allah (may peace be upon him) while he was on the pulpit and said: Do you think if I am killed in the way of Allah… (except this difference in its beginning, the rest of the tradition is the same as the previous one).
Another version of the tradition differently transmitted begins with the words:” A man came to the Messenger of Allah (may peace be upon him) and he was sitting on the pulpit…. He said: What do you find if I strike with the sword?” (The rest of the tradition is the same as the previous one.)
It has been reported on the authority of ‘Amr b. al-’As that the Messenger of Allah (may peace be upon him) said: All the sins of a Shahid (martyr) are forgiven except debt.
It has been reported on the authority of Amr b. al-’As through a different chain of transmitters that the Messenger of Allah (may peace be upon him) said: Death in the way of Allah blots out everything except debt.
Chapter 33: THE SOULS OF THE MARTYRS ARE IN PARADISE; THEY ARE ALIVE AND FIND THEIR SUSTENANCE FROM THEIR LORD
It has been narrated on the authority of Masruq Who said: We asked ‘Abdullah about the Qur’anic verse:” Think not of those who are slain in Allah’s way as dead. Nay, they are alive, finding their sustenance in the presence of their Lord..” (iii. 169). He said: We asked the meaning of the verse (from the Holy Prophet) who said: The souls, of the martyrs live in the bodies of green birds who have their nests in chandeliers hung from the throne of the Almighty. They eat the fruits of Paradise from wherever they like and then nestle in these chandeliers. Once their Lord cast a glance at them and said: Do ye want anything? They said: What more shall we desire? We eat the fruit of Paradise from wherever we like. Their Lord asked them the same question thrice. When they saw that they will continue to be asked and not left (without answering the question). they said: O Lord, we wish that Thou mayest return our souls to our bodies so that we may be slain in Thy way once again. When He (Allah) saw that they had no need, they were left (to their joy in heaven).
Chapter 34: MERIT OF JIHADAND OF KEEPING VIGILANCE (OVER THE ENEMY)
It has been narrated on the authority of Abu Sa’id Khudri that a man came to the Holy Prophet (may peace he upon him) and said: Who is the best of men? He replied: A man who fights in the way of Allah spending his wealth and staking his life. The man then asked: Who is next to him (in excellence)? He said: Next to him is a believer who lives in a mountain gorge worshipping hid Lord and sparing men from his mischief.
It has been narrated (through a diferent chain of transmetters) on the same authority (i. e. Abu Sa’id Khadri) who said: A man asked: Messenger of Allah, which of men is the best? He said: A believer who fights staking his life and spending his wealth in the way of Allah. He asked: Who is next to him (in excellence)? He said: Next to him is a man who lives an isolated life in a mountain gorge, worshipping his Lord and sparing men from his mischief.
A version of the tradition narrated on the authority of Ibn Shihab has a little differently worded ending. i. e.” A man in a mountain valley.” but did not mention” next to him a man who….”
It has been narrated on the authority of Abu Huraira that the Messenger of Allah (may peace be upon him) said: Of the men he lives the best life who holds the reins of his horse (ever ready to march) in the way of Allah, flies on its back whenever he hears a fearful shriek, or a call for help, flies to it seeking death at places where it can be expected. (Next to him) is a man who lives with his sheep at a hill-top or in a valley, says his prayers regularly, gives Zakat and worships his Lord until death comes to him. There is no better person among men except these two.
This hadith has been transmitted on the authority of Abu Huraira with a slight variation of wording.
Two more versions of the tradition narrated by ‘Abdullah b. Badr and Abu Huraira, respectively, have been handed down through different chains of transmitters with negligible difference in the wording.
Chapter 35: THE TWO MEN, BOTH OF WHOM WILL ENTER PARADISE THOUGH ONE OF THEM SLAYS THE OTHER
It has been narrated on the authority of Abu Huraira that the Messenger of Allah (may peace be upon him) said: God laughs at the two men both of whom will enter Paradise (though) one of them kills the other. They said: Messenger of Allah, how is it? He said: One of them fights in the way of Allah, the Almighty and Exalted. and dies a martyr. Then God turns in mercy to the murderer who embraces Islam, fights in the way of Allah, the Almighty and Exalted, and dies a martyr.
The same tradition has been narrated on the authority of Abu Zinad (with the same chain of transmitters).
It has been reported on the authority of Abu Huraira that the Messenger of Allah (may peace be upon him) said: God laughs at the two men one of whom kills the other; both of them will enter Paradise. They (the Companions) said: How, Messenger of Allah? He said: One is slain (in the way of Allah) and enters Paradise. Then God forgives the other and guides him to Islam; then he fights in the way of Allah and dies a martyr.
Chapter 36: ABOUT A MAN WHO KILLED A DISBELIEVER AND EMBRACED ISLAM
It has been narrated on the authority of Abu Huraira that the Messenger Allah (may peace be upon him) said: A disbeliever and a believer who killed him will never be gathered together in Hell.
It has been narrated on the authority of Abu Huraira that the Messenger of Allah (may peace be upon him) said: No two such persons shall be together in Hell as if one of them is such that his presence hurts the other. It was asked: Messenger of Allah, who are they? He said: A believer who killed a disbeliever and (then) kept to the right path.”
Chapter 37: THE EXCELLENCE OF CHARITY IN THE WAY OF ALLAH AND ITS MANIFOLD REWARD
It has been narrated on the authority of Abu Mas’ud al-Ansari who said A man brought a muzzled she-camel and said: It is (offered) in the way of Allah. The Messenger of Allah (may peace be upon him) said: For this you will have seven hundred she-camels on the Day of Judgment all of which will be muzzled.
A similar tradition has been narrated on the authority of al-A’mash.
Chapter 38: THE MERIT OF HELPING THE WARRIOR (FIGHTING IN THE WAY OF ALLAH) WITH SOMETHING TO RIDE UPOW AND LOOKING AFTER HIS FAMILY IN HIS ABSENCE
It has been narrated on the authority of Abu Mas’ud al-Ansari who said: A man came to the Messenger of Allah (may peace be upon him) and said: My riding beast has been killed, so give me some animal to ride upon. He (the Holy Prophet) said: I have none with me. A man said: Messenger of Allah, I can guide him to one who will provide him with a riding beast. The Messenger of Allah (may peace be upon him) said: One who guides to something good has a reward similar to that of its doer.
The above tradition has been handed down through a different chain of transmitters.
It has been narrated on the authority of Anas b. Malik that a young man from Aslam tribe said: Messenger of Allah, I wish to fight (in the way of Allah) but I don’t have anything to equip myself with for fighting. He (the Holy Prophet) said: Go to so and so, for he had equipped himself (for fighting) but he fell ill. So, he (the young man) went to him and said: The Messenger of Allah (may peace be upon him) sends you his greetings and says that you should give me the equipage that you have provided yourself with. The man said (to his wife or maidservant): So and so, give him the equipage I have collected for myself and do not withhold anything from him. Do not withhold anything from him so that you may be blessed therein.
It has been narrated on the authority of Zaid b. Kbalid al-Juhani that the Messenger of Allah (may peace be upon him) said: Anybody who equips a warrior (going to fight) in the way of Allah (is like one who actually) fights. And anybody who looks well after his family in his absence (is also like one who actually) fights.
The above tradition has been narrated on the authority of Khalid al- Juhani who said: The Prophet of Allah (may peace be upon him) said: He who equips a warrior in the way of Allah (is like one who dctually fights) aud he who looks after the family of a warrior in the way of Allah in fact participated in the battle.
It has been narrated on the authority of Abu Sa’id Khudri that the Messenger of Allah (may peace be upon him) sent a force to Banu Lihyan (who are from Banu Hudhail, and said: One man from every two and the reward (will be divided) between the two.
The above tradition has also been narrated through two different chains of transmitters on the authority of Abu Sa’id Khudri and Yahya, respectively.
It has been narrated (through a still different chain of transmitters) on the authority of Abu Sa’id Khudrl that the Messenger of Allah (may peace be upon him) despatched a force to Banu Lihyan. (and said: ) One man from every two should join the force. Then he said to those who stayed behind: Those of you who will look well after the family and wealth of those who are going on the expedition will be getting half the reward of the warriors.
Chapter 39: THE WIVES OF MUJAHIDS, A SACRED TRUST, AND SINFULNESS OF THOSE WHO BETRAY THIS TRUST
It has been narrated on the authority of Sulaimin b. Buraida who learnt the tradition from his father. The latter said that the Messenger of Allah (may peace be upon him) said: The sanctity of the wives of Mujahids is like the sanctity of their mothers for those who sit at home (i. e do not go out for Jihad). Anyone who stays behind looking after the family of a Mujahid and betrays his trust will be made to stand on the Day of judgment before the Mujahid who will take away from his meritorious deeds whatever he likes. So what do you think (will he leave anything)?
This tradition has been narrated by the same authority through different chain of transmitters.
A version of the tradition narrated on the authority of ‘Alqama b. Murthad has a differently worded end: It will be said to the Mujahid: Take from his noble deeds whatever you like. Then the Messenger of Allah (may peace be upon him) turned to us and asked: What do you think (will he leave anything)? – (i. e. he will take away everything).
Chapter 40: JIHAD NOT COMPULSORY FOR THOSE WHO HAVE A GENUINE EXCUSE
It has been narrated on the authority of Abu Ishaq, that he heard Bara’ talking about the Qur’anic verse:” Those who sit (at home) from among the believers and those who go out for Jihad in the way of Allah are not aqual” (iv. 95). (He said that) the Messenger of Allah (may peace be upon him) ordered Zaid (to write the verse). He brought a shoulder-blade (of a slaughtered camel) and inscribed it (the verse) thereon. The son of Umm Maktum complained of his blindness to the Holy Prophet (may peace be upon him). (At this) descended the revelation:” Those of the believers who sit (at home) without any trouble (illness, incapacity, disability)” (iv. 95). The tradition has been handed down through two other chains of transmitters.
It has been narrated on the authority of Bara’ who said: When the Qur’anic verse:” Those who sit (at home) from among mu’min” (iv. 94) was revealed, the son of Umm Maktum spoke to him (the Holy Prophet). (At this). the words:” other than those who have a trouble (illness)” were revealed.
Chapter 41: IN PROOF OF THE MARTYR’S ATTAINING PARADISE
It has been reported on the authority of Jabir that a man said: Messenger of Allah, where shall I be if I am killed? He replied: In Paradise. The man threw away the dates he had in his hand and fought until he was killed (i. e. he did not wait until he could finish the dates).
In the version of the tradition narrated by Suwaid we have the words:” A man said to the Holy Prophet (may peace be upon him). on the day of Uhud……”
It has been reported on the authority of Bara! ‘ who stated: A man from Banu Nabit (one of the Ansar tribes) came to the Holy Prophet (may peace be upon him) and said: I testify that there is no god except Allah and that thou art His bondman and Messenger. Then he went forward and fought until he was killed. The Holy Prophet (may peace be upon him) said: He has done a little but shall be given a great reward.
It has been reported on the authority of Anas b. Malik who said: The Messenger of Allah (may peace be upon him) sent Busaisah as a scout to see what the caravan of Abu Sufyan was doing. He came (back and met the Holy Prophet in his house) where there was nobody except myself and the Messenger of Allah. I do not remember whether he (Hadrat Anas) made an exception of some wives of the Holy Prophet (may peace be upon him) or not and told him the news of the caravan. (Having heard the news), the Messenger of Allah (may peace be upon him) came out (hurriedly), spoke to the people and said: We are in need (of men) ; whoever has an animal to ride upon ready with him should ride with us. People began to ask him permission for bringing their riding animals which were grazing on the hillocks near Medina. He said: No. (I want) only those who have their riding animals ready. So the Messenger of Allah (may peace be upon him) and his Companions proceeded towards Badr and reached there forestalling the polytheists (of Mecca). When the polytheists (also) reached there, the Messenger of Allah (may peace be upon him) said: None of you should step forward to (do) anything unless I am ahead of him. The polytheists (now) advanced (towards us), and the Messenger of Allah (may peace be upon him) said. Get up to enter Paradise which is equal in width to the heavens and the earth. ‘Umair b. al- Humam al-Ansari said: Messenger of Allah, is Paradise equal in extent to the heavens and the earth? He said: Yes. ‘Umair said: My goodness! The Messenger of Allah (may peace be upon him) asked him: What prompted you to utter these words (i. e. my goodness! ‘)? He said: Messenger of Allah, nothing but the desire that I be among its residents. He said: Thou art (surely) amona its residents. He took out dates from his bag and began to eat them. Then he said: If I were to live until I have eaten all these dates of mine, it would be a long life. (The narrator said): He threw away all the dates he had with him. Then he fought the enemies until he was killed.
The tradition has been narrated on the authority of ‘Abdullah b. Qais. He heard it from his father who, while facing the enemy, reported that the Messenger of Allah (may peace be upon him) said: Surely, the gates of Paradise are under the shadows of the swords. A man in a shabby condition got up and said; Abu Musa, did you hear the Messenger of Allah (may peace be upon him) say this? He said: Yes. (The narrator said): He returned to his friends and said: I greet you (a farewell greeting). Then he broke the sheath of his sword, threw it away, advanced with his (naked) sword towards the enemy and fought (them) with it until he was slain.
It has been reported on the authority of Anas b. Malik that some people came to the Messenger of Allah (may peace be upon him) and said to him: Send with us some men who may teach us the Qur’an and the Sunnah. Accordingjy, he sent seventy men from the Ansar. They were called the Reciters and among them was my maternal uncle. Haram. They used to recite the Qur’an, discuss and ponder over its meaning at night. In the day they brought water and poured it (in pitchers) in the mosque, collected wood and sold it, and with the sale proceeds bought food for the people of the Suffa and the needy. The Holy Prophet (may peace be upon him) sent the Reciters with these people, but these (treacherous people) fell upon them and killed thern before they reached their destination (While dying), they said: O Allah, convey from us the news to our Prophet that we have met Thee (in a way) that we are pleased with Thee and Thou art pleased with us. (The narrator said): A man attacked Haram (maternal uncle of Anas) ) from behind and smote him with a spear which pierced him. (While dying), Haram said: By the Lord of the Ka’ba, I have met with success. The Messenger of Allah (may peace be upon him) said to his Companions: Your brethren have been slain grid they were saying: O Allah, convey from us to our Prophet the news that we have met Thee in a way that we are pleased with Thee and Thou art pleased with us.
It has been Deported on the authority of Anas who said: My uncle and I have been named after him was not present with the Messenger of Allah (mav peace be upon him) on the Day of Badr. He felt distressed about it. He would say: I have missed the first battle fought by the Messenger of Allah (may peace be upon him), and if God now gives me an opportunity to see a battlefield with the Messenger of Allah (may peace be upon him), God will see what I do therein. He was afraid to say more than this (lest he be unable to keep his word with God). He was present with the Messenger of Allah (may peace be upon him) on the Day of Uhud. He met Sa’d b. Mu’adh (who was retreating). Anas said to him: O Abu ‘Amr, where (are you going)? Woe (to thee)! I find the smell of Paradise beside the Uhud mountain. (Reprimanding Sa’d in these words) he went forward and fought thein (the enemy) until he was killed. (The narrator says). More than eighty wounds inflicted with swords, spears and arrows were found on his body. His sister, my aunt, ar-Rubayyi’, daughter of Nadr, said: I could not recognise my brother’s body (it was so badly mutilated) except from his finger-tips. (It was on this occasion that) the Qur’anic verse:” Among the Believers are men who have been true to their covenant with God. Of them some have completed their vow (to the extreme), and some still wait: but they have never changed (their determination) in the least” (xxxiii. 23).
The narrator said that the verse had been revealed about him (Anas b. Nadr) and his Companions.
Chapter 42: ONE WHO FIGHTS THAT THE WORD OF ALLAH IS EXALTED FIGHTS IN THE WAY OF ALLAH
It has been narrated on the authority of Abu Musa Ash’ari that a desert Arab came to the Holy Prophet (may peace be upon him) and said: Messenger of Allah, one man fights fgr the spoils of war; another fights that he may be remembered, and another fights that he may see his (high) position (achieved as a result of his valour in fighting). Which of these is fighting in the cause of God? The Messenger of Allah (may peace be upon him) said: Who fights so that the word of Allah is exalted is fighting in the way of Allah.
It has been narrated (through another chain of transmitters) on the authority of Abu Musa who said. The Messenger of Allah (may peace be upon him) was asked which of the men fights in the way of Allah: (one who fights) for displaying his valour; (a man who) fights out of his family pride and (a man who) fights for the sake of show, who amongst these fights in the way of Allah? The Messenger of Allah (may peace be upon him) said: Who fights that the word of Allah be exalted fights in the way of Allah.
It has been narrated (through yet another chain of transmitters) on the same authority, i. e. Abu Musa, who said: We, came to the Messenger of Allah (may peace be upon him) and said: Messenger of Allah, one of us hho fights to display his valour… (followed by the same words as we have in the previous tradition).
It has been narrated through a different chain of transmitters on the same authority, i. e. Abu Musa Ash’ari, that a man asked the Messenger of Allah (may peace be upon him) about fighting in the way of Allah, the Exalted and Majestic, a man who fights out of rage or out of family pride. He raised his head towards him-and he did so because the man was standing and said: Who fights that the word of Allah be exalted fights in the way of Allah.
Chapter 43: WHO FOUGHT FOR OSTENTATION AND VANITY DESERVED (PUNISHMENT IN) HELL
It has been narrated on the authority of Sulaiman b. Yasar who said: People dispersed from around Abu Huraira, and Natil, who was from the Syrians. said to him: O Shaikh, relate (to us) a tradition you have heard from the Messenger of Allah (may peace be upon him). He said: Yes. I heard the Messenger of Allah (may peace be upon him) say: The first of men (whose case) will be decided on the Day of Judgment will be a man who died as a martyr. He shall be brought (before the Judgment Seat). Allah will make him recount His blessings (i. e. the blessings which He had bestowed upon him) and he will recount them (and admit having enjoyed them in his life). (Then) will Allah say: What did you do (to requite these blessings)? He will say: I fought for Thee until I died as a martyr. Allah will say: You have told a lie. You fought that you might be called a” brave warrior”. And you were called so. (Then) orders will be passed against him and he will be dragged with his face downward and cast into Hell. Then will be brought forward a man who acquired knowledge and imparted it (to others) and recited the Qur’an. He will be brought And Allah will make him recount His blessings and he will recount them (and admit having enjoyed them in his lifetime). Then will Allah ask: What did you do (to requite these blessings)? He will say: I acquired knowledge and disseminated it and recited the Qur’an seeking Thy pleasure. Allah will say: You have told a lie. You acquired knowledge so that you might be called” a scholar,” and you recited the Qur’an so that it might be said:” He is a Qari” and such has been said. Then orders will be passed against him and he shall be dragged with his face downward and cast into the Fire. Then will be brought a man whom Allah had made abundantly rich and had granted every kind of wealth. He will be brought and Allah will make him recount His blessings and he will recount them and (admit having enjoyed them in his lifetime). Allah will (then) ask: What have you done (to requite these blessings)? He will say: I spent money in every cause in which Thou wished that it should be spent. Allah will say: You are lying. You did (so) that it might be said about (You):” He is a generous fellow” and so it was said. Then will Allah pass orders and he will be dragged with his face downward and thrown into Hell.
This tradition has been handed down through a different chain of transmitters.
Chapter 44: THE REWARD OF ONE WHO FOUGHT AND GOT HIS SHARE OF THE BOOTY AND OF ONE (WHO FOUGHT) BUT DID NOT GET ANY BOOTY
It has been narrated on the authority of ‘Abdullah b. ‘Amr that the Messenger of Allah (may peace be upon him) said: A troop of soldiers who fight in tile way of Allah and get their share of the booty receive in advance two-thirds of their reward in the Hereafter and only one-third will remain (to their credit). If they do not receive any booty, they will get their full reward.
It has been narrated on the authority of Abdullah b. Amr (through a different chain of transmitters) that the Messenger of Allah (may peace be upon him) said: A troop of soldiers, large or small, who fight (in the way of Allah), get their share of the booty and return safe and sound, receive in advance two-thirds of their reward (only one-third remaining to their credit to be received in the Hereafter) ; and a troop of soldiers, large or small, who return empty-handed and are afflicted or wounded, will receive their full reward (in the Hereafter).
Chapter 45: THE VALUE OF AN ACTION DEPENDS ON THE INTENTION BEHIND IT
It has been narrated on the authority of Umar b. al-Khattab that the Messenger of Allah (may peace be upon him) said: (The value of) an action depends on the intention behind it. A man will be rewarded only for what he intended. The emigration of one who emigrates for the sake of Allah and His Messenger (may peace be upon him) is for the sake of Allah and His Messenger (may peace be upon him) ; and the emigration of one who emigrates for gaining a worldly advantage or for marrying a woman is for what he has emigrated.
It has been narrated through a different chain of transmitters on the authority of Sufyan who said that he heard ‘Umar b. al-Khattab relate (this tradition) from the Holy Prophet (may peace be upon him) while he was delivering a sermon from the pulpit.
Chapter 46: DESIRABILITY OF SEEKING MARTYRDOM
It has been narrated on the authority of Anas b. Malik that the Messenger of Allah (may peace he upon him) said: Who seeks martyrdom with sincerity shall get its reward, though he may not achieve it.
It has been reported on the authority of Sahl b. Aba Umama b. Sahl b. Hunaif who learned the tradition from his father who (in turn) learned it from his grandfather-that the Messenger of Allah (may peace be upon him) said: Who sought martyrdom with sincerity will be ranked by Allah among the martyrs even if he died on his bed. In his version of the tradition Abd Tahir did not mention the words:” with sincerity”.
Chapter 47: DENUNCIATION OF ONE WHO DIED BUT NEVER FOUGHT IN THE WAY OF ALLAH NOR DID HE EVER EXPRESS A DESIRE OR DETERMINATION FOR JIHAD
It has been narrated on the authority of Abu Huraira that the Messenger of Allah (may peace be upon him) said: One who died but did not fight in the way of Allah nor did he express any desire (or determination) for Jihid died the death of a hypocrite.
‘Abdullah b. Mubarak said: We think the hadith pertained to the time of the Messenger of Allah (may peace be upon him).
Chapter 48: REWARD OF THOSE WHO COULD NOT JOIN A JIHAD EXPEDITION ON ACCOUNT OF ILLNESS OR SOME OTHER EXCUSE
It has been narrated on the authority of Jabir who said: We were with the Holy Prophet (may peace be upon him) on an expedition. He said: There are some people in Medina. They are with you whenever you cover a distance or cross a valley. They have been detained by illness.
In a version of the tradition narrated on the authority of A’mash, we have the words:” They will share with you the reward (for Jihid).”
Chapter 49: THE MERIT OF JOINING A NAVAL EXPEDITION FOR JIHAD
It has been reported on the authority of Anas b. Malik that the Messenger of Allah (may peace be upon him) used to visit Umm Haram daughter of Milhan (who was the sister of his foster-mother or his father’s aunt). She was the wife of ‘Ubada b. Samit, One day the Messenger of Allah (may peace be upon him) paid her a visit. She entertained him with food and then sat down to rub his head. The Messenger of Allah (may peace be upon him) dozed off and when he woke up (after a while), he was laughing. She asked: What made you laugh. Messenger of Allah? He said: Some people from my Umma were presented to me who were fighters in the way of Allah and were sailing in this sea. (Gliding smoothly on the water), they appeared to be kings or like kings (sitting) on thrones (the narrator has a doubt about the actual expression used by the Holy Prophet). She said: Messenger of Allah, pray to Allah that He may include me among these warriors. He prayed for her. Then he placed his head (down) and dozed off (again). He woke up laughing, as before. (She said) I said: Messenger of Allah, what makes you laugh? He replied: A people from my Umma were presented to me. They were fighters in Allah’s way. (He described them in the same words as he had described the first warriors.) She said: Messenger of Allah, pray to God that He may include me among these warriors. He said: You are among the first ones.
Umm Haram daughter of Milhan sailed in the aea in the time of Mu’awiya. When she came out of the sea and (was going to mount a riding animal) she fell down and died.
It has been narrated on the authority of Umm Haram (and she was the aunt of Anas) who said: The Holy Prophet (may peace be upon him) came to us one day and had a nap in our house. When he woke up, he was laughing. I said: Messenger of Allah, what made you laugh? He said: I saw a people from my followers sailing on the surface of the sea (looking) like kings (sitting) on their thrones. I said: Pray to Allah that He may include me among them. He said: You will hip among them. He had a (second) ntip, woke up and was laughing. I asked him (the reason for his laughter). He gave the same reply. I said: Pray to Allah that He may include me among them. He said: You are among the first ones. Anas said: ‘Ubada b. Samit married her. He joined a naval expedition and took her along with him. When she returned, a mule was brought for her. While mounting it she fell down, broke her neck (and died).
It has been reported on the authority of Umm Haram daughter of Milhan (through another chain of transmitters). She said: One day the Messenger of Allah (may peace be upon him) slept (at a place) near me. He woke up smiling. She said: Messenger of Allah. what made thee laugh? He said: A people from my followers were presented to me. They were sailing on the surface of this green sea… (here follows the tradition that has gone before).
It has been reported by ‘Abdullah b. ‘Abd al-Rahman that he heard Anas b. Malik say: The Messenger of Allah (may peace be upon him) paid a visit to Milhan’s daughter, maternal aunt of Anas (and the sister of the Holy Prophet’s foster-mother). He placed his head near her (from this point onward, the narrator carried on the previous tradition to its end).
Chapter 50: THE MERIT OF KEEPING WATCH IN THE WAY OF ALLAH, THE ALMIGHTY AND EXALTED
It has been narrated on the authority of Salman who said: I heard the Messenger of Allah (may peace be upon him) say: Keeping watch for a day and a night is better (in point of reward) than fasting for a whole month and standing in prayer every night. If a person dies (while, performing this duty), his (meritorious) activity will continue and he will go on receiving his reward for it perpetually and will be saved from the torture of the grave.
This tradition has been handed down on the authority of Salman al-Khair through another chain of transmitters.
Chapter 51: ABOUT THE MARTYRS
It has been narrated on the authority of Abu Huraira that the, Messenger of Allah (may peace be upon him) said: While a man walks along a path, finds a thorny twig lying on the way and puts it aside, Allah would appreciate it and forgive him The Holy Prophet (may peace be upon him) said: The martyrs are of five kinds: one who dies of plague; one who dies of diarrhoea (or cholera) ; one who is drowned; one who is buried under debris and one who dies fighting in the way of Allah.
It has been narrated on the authority of Abu Huraira (through another chain of transmitters) that the Messenger of Allah (may peace be upon him) said: Whom do you consider to be a martyr among you? They (the Companions) said: Messenger, of Allah, one who is slain in the way of Allah is a martyr. He said: Then (if this is the definition of a martyr) the martyrs of my Umma will be small in number. They asked: Messenger of Allah, who are they? He said: One who is slain in the way of Allah is a martyr; one who dies in the way of Allah, is a martyr; one who dies of plague is a martyr; one who dies of cholera is a martyr.
Ibn Miqsam said: I testify the truth of your father’s statement (with regard to this tradition) that the Holy Prophet (may peace be upon him) said: One who is drowned is a martyr.
A version of the tradition narrated on the authority of Suhail contains the additional words:” And one who is drowned is a martyr.”
Another version of the tradition narrated on the authority of Suhail thouch a different chain of transmitters contains the additional words:” A drowned person is a martyr.”
It has been narrated on the authority of Hafsa daughter of Sirin who said: Anas b. Malik asked me the cause of death of Yahya b. ‘Abu ‘Amra. I said: (He died) of plague. He said: The Messenger of Allah (may peace be upon him) said that death by plague is martyrdom for a Muslim.
This hadith has been narrated on the authority of ‘Asim through the same chain of transmitters.
Chapter 52: THE MERIT OF ARCHERY AND INDUCING OTHERS TO LEARN IT AND DENUNCIATION OF ONE WHO LEARNT THE ART AND THEN NEGLECTED IT
It has been narrated on the authority of Ibn Amir who said: I heard the Messenger of Allah (may peace be upon him) say-and he was delivering a sermon from the pulpit: Prepare to meet them with as much strength as you can afford. Beware, strength consists in archery. Beware, strength consists in archery. Beware, strength consists in archery.
It has been narrated on the authority of Uqba b. Amir who said: I heard the Messenger of Allah (may peace be upon him) say: Lands shall be thrown open to you and Allah will suffice you (against your enemies), but none of you should give up playing with his arrows.
This tradition has also been narrated on the same authority through another chain of transmitters.
It has been reported by ‘Abd al-Rahman b. Shamasa that Fuqaim al- Lakhmi said to Uqba b. Amir: You frequent between these two targets and you are an old man, so you will be finding it very hard. ‘Uqba said: But for a thing I heard from the Holy Prophet (may peace be upon him), I would not strain myself. Harith (one of the narrators in the chain of transmitters) said: I asked Ibn Shamasa: What was that? He said that he (the Holy Prophet) said: Who learnt archery and then gave it up is not from us. or he has been guilty of disobedience (to Allah’s Apostle).
Chapter 53: SAYING OF THE HOLY PROPHET (MAY PEACE BE UPON HIM):” A GROUP OF PEOPLE FROM MY UMMA WILL ALWAYS REMAIN ON THE RIGHT PATH AND CONTINUE TO BE TRIUMPHANT; THEIR OPPONENTS SHALL NOT BE ABLE TO DO THEM ANY HARM”
It has been narrated on the authority of Thauban that the Messenger of Allah (may peace be upon him) said: A group of people from mv Umma will always remain triumphant on the right path and continue to be triumphant (against their opponents). He who deserts them shall not be able to do them any harm. They will remain in this position until Allah’s. Command is executed (i. e. Qayamah is established). In Qutaiba’s version of the tradition, we do not have the words:” They will remain in this position.”
It has been narrated on the authority of Mughira who said: I heard the Messenger of Allah (may peace be upon him) say: A group of people from my Umma will continue to be triumphant over the people until the Command of Allah overtakes them while they are still triumphant. The same tradition has been narrated through another chain of transmitters on the same authority.
It has been narrated on the authority of Jabir b. Samura that the Holy Prophet (may peace be upon him) said: This religion will continue to exist, and a group of people from the Muslims will continue to fight for its protection until the Hour is established.
It has been narrated on the authority of Jabir b. ‘Abdullah who said: I heard the Messenger of Allah (may peace be upon him) say: A group of people from my Umma will continue to fight In defence of truth and remain triumphant until the Day of judgment.
It his been narrated on the authority of Umair b. Umm Hani who said: I heard Mu’awiya say (while delivering a sermon from the pulpit) that he heard the Messenger of Allah (may peace be upon him) say: A group of people from my Umma will continue to obey Allah’s Command, and those who desert or oppose them shall not be able to do them any harm. They will be dominating the peeple until Allah’s Command is executed (i. e. Resurrection is established).
It has been related by, Yazid b. al-Asamm that he heard Mu’awiya b. Abu Sfyan quote a tradition from the Holy Prophet (may peace be upon him) which he related from the Prophet (mail peace he upon him) -and he did not hear him quote from the Holy Prophet (masy peace be upon him) any tradition other than this in the course of his sermon from the pulpit-that whom Allah wants to do a favour, He grants him an understanding of religion. A group of people from the Muslims will remain on the Right Path and continue until the Day of Judgment to triumph over those who oppose them.
It has been narrated on the authority of ‘Abd al-Rahman b. Shamasa al- Mahri who said: I was in the company of Maslama b. Mukhallad, and ‘Abdullah b. ‘Amr b. ‘As was with him. ‘Abdullah said: The Hour shall some oniy when the worst type of people are left on the earth. They will be worse than the people of pre-Islamic days. They will get whatever they ask of Allah. While we were yet sitting when ‘Uqba b. ‘Amir came, and Maslama said to him: ‘Uqba, listen to what ‘Abdullah says. ‘Uqba said: He knows better; so far as I am concerned, I heard the Messenger of Allah (may peace be upon him) say: A group of people from my Umma will continue to fight in obedience to the Command of Allah, remaining dominant over their enemies. Those who will oppose them shall not do them any harm. They will remain ill this condition until the Hour overtakes them. (At this) ‘Abdullah said: Yes. Then Allah will raise a wild which will be fragrant like musk and whose touch will be like the touch of silk; (but) it will cause the death of all (faithful) persons, not leaving behind a single person with an iota of faith in his heart. Then only the worst of men will remain to be overwhelmed by the Hour.
It has been narrated by Sa’d b. Abu Waqqas that the Messenger of Allah (may peace be upon him) said: The people of the West will continue to triumphantly follow the truth until the Hour is established.
Chapter 54: KEEPING THE GOOD OF THE ANIMALS IN VIEW DURING A JOURNEY AND FORBIDDANCE FROM HALTING FOR THE NIGHT ON THE TRACK
It has been narrated on the authority of Abu Huraira that the Messenger of Allah (may peace be upon him) said: When you journey through a fertile land, you should (go slow and) give the camels a chance to graze in the land. When you travel In an arid (land) where there is scarcity of vegetation, you should quicken their pace (lest your camels grow feeble and emaciated for lack of fodder). When you halt for the night, avoid (pitching your tent on) the road, for it is the abode of noxious little animals at night.
It has been narrated (through another chain of transmitters) on the authority of Abu Huraira that the Messenger of Allah (may peace be upon him) said: When you travel (through a land) where there is plenty of vegetation, you should (go slow and) give the camels a chance to enjoy the benefit of the earth. When you travel (through a land) where there is scarcity of vegetation, you should hasten with them (so that you may be able to cross that land while your animals ore still in a good condition of health). When you make a halt for the night, avoid (doing so on) the road, for the tracks are the pathways of wild beasts or the abode of noxious little animals.
Chapter 55: TRAVELLING, A TORTUOUS EXPERIENCE-DESIRABILITY OF A TRAVELLER’S HASTENING HIS RETURN TO HIS FAMILY AFTER THE TRANSACTION OF HIS BUSINESS
On the authority of Abu Huraira that the Prophet (may peace be upon him) said: Travelling is a tortuous experience. It deprives a person of his sleep. his food and drink. When one of you has accomplished his purpose, he should hasten his return to his family.
Chapter 56: UNDESIRABILITY OF RETURNING TO ONE’S FAMILY AT NIGHT (AFTER A LONG ABSENCE FROM HOME)
It has been narrated on the authority of Anas b. Malik that the Messenger of Allah (may peace be upon him) would not come (back) to his family by night. He would come to them in the morning or in the evening. Another version of the tradition narrated on the some authority is a little difierently worded. It says: (He) would not enter (upon his household at night).
It has been narrated on the authority of Jabir b. ‘Abdullah who said: We accompanied the Messenger of Allah (may peace be upon him) on an expedition. When we came (back) to Medina and were going to enter our houses, he said: Wait and enter (your houses) in the later part of the evening so that a woman with dishevelled hair may have used the comb, and a woman whose husband has been away from home may have removed the hair from her private parts.
It has been narrated on the authority of Jabir that the Messenger of Allah (may peace be upon him) said: If one of you comes (back from a journey) at night. he should not enter his house as a night visitor (but should wait) until a woman whose husband has been away from house has removed the hair from her private parts and a woman with dishevelled hair has combed her hair.
This tradition has been handed down through another chain of transmitters.
It has been narrated (through a different chain of tranmitten) on the authority of Jabir who said: The Messenger of Allah (may peace be upon him) forbade that a man should come to his family like (an unexpected) night visitor doubting their fidelity and spying into their lapses.
A version of the tradition narrated on the authority of Jabir (but through a different chain of transmitters) mentions the undesirability of coining to one’s house like a night visitor, but does not contain the words:” Doubting their fidelity or spying into their lapses.”
INTRODUCTION
The word Jihad is derived from the verb jahada which means:” he exerted himself”. Thus literally, Jihad means exertion, striving; but in juridico-religious sense, it signifies the exertion of one’s power to the utmost of one’s capacity in the cause of Allah. This is why the word Jihad has been used as the antonym to the word Qu, ud (sitting) in the Holy Qur’an (iv. 95). Thus Jihad in Islam is not an act of violence directed indiscriminately against the non-Muslims; it is the name given to an all-round struggle which a Muslim should launch against evil in whatever form or shape it appears. Qital fi sabilillah (fighting in the way of Allah) is only one aspect of Jihad. Even this qital in Islam is not an act of mad brutality. It has its material and moral functions, i. e. self-preservation and the preservation of the moral order in the world. The verdict of all religious and ethical philosophies-ancient and modern-justify war on moral grounds. When one nation is assailted by the ambitions and cupidity of another, the doctrine of non-resistance is anti-social, as it involves non-assertion, not only of one’s own rights, but of those of others who need protection against the forces of tyranny and oppression. A Muslim is saddled with the responsibilities to protect himself and all those who seek his protection. He cannot afford to abandon the defenceless people, old man, women and children to privation, suffering and moral peril. Fighting in Islam, therefore, represents in Islamic Law what is known among Western jurists as” just war”.
The very first revelation in which the permission to wage war against the forces of evil sums up the aims and objects of qital in Islam:
” Permitted’are those who are fought against, because they have been oppressed. and verily God is more Powerful for their aid. Those who have been driven from their homes unjustly only because they said: ‘Our Lord is Allah, ‘ for had it not been for ‘Allah’s repelling someone by means of others, cloisters and churches and mosques, wherein the name of Allah is oft-mentioned, would assuredly have been pulled down. Verily Allah helps one who helps Him. Lo! Allah is Strong. Almighty” (xxii. 39. 41).
These verses eloquently speak of ‘the fact that it is neither for the acquisition of territory nor for the love of power and distinction that the Muslims have been permitted to raise arms against the enemy. They were allowed to do so because their very existence had been made difficult by the high-handedness of the Meccans. The Holy Qur’an has elucidated this point in the following verse:
” And what reason have you not to fight in the way of Allah and for the oppressed among men and women and children who say: Our Lord! take us forth from the town whereof the people are oppressors and grant us from Thee a friend and grant us from Thee a helper” (iv. 75).
The war in Islam is waged with a view to securing liberty and freedom for those who are groaning under the oppression of heartless tyrants. It is the bounden duty of the Muslims to alleviate their sufferings and create for them an atmosphere of peace and security.
Then in the succeeding verse a distinction is also drawn between two types of war: one which is fought for the sake of Allah and the other which is waged for evil ends:
” Those who believe fight in the way of Allah and those who disbelieve fight in the way of devil. So fight against the friends of Satan; verily weak indeed is the strategy of the devil” (iv. 76).
It has been made clear that those people who fight for self-glorification or for the exploitation of the weak are in fact friends of the devil; wheres those who raise arms to curb tyranny and aggression, to eradicate evil from the human society, fight in the way of Allah. Mere fighting is not, therefore, Jihad in Islam; it is the noble objective alone which makes it a sacred pursuit like devotion and prayer. It is narrated on the authority of Abu Musa Ash’ari that once a man went to the Holy Prophet (may peace be upon him) and said: One man fights for the sake of spoils of war, the second one fights for fame and glory and the third to display his courage and skill; which among them is the fighter for the cause of Allah? Upon this the Holy Prophet (may peace be upon him) replied: He who fights with the sole objective that the word of Allah should become supreme is a Mujahid in the cause of the Lord.
A Mujahid is thus a noble person who offers his life for the achievement of lofty ends. He is actuated by human considerations lifts arms not under the impulse of fury and revenge, but with will, fore-thought, tenacity and fellow-feeling, and his conduct bears the imprint of human intellect, human sympathy and sense of justice.
The Holy Qur’an has explained this point in Sura Anfal in these words:
” O you who believe, when you meet an enemy, be firm, and remember Allah much, that you may be successful. And obey Allah and His Apostle. And fall with no disputes, lest ye falter and your strength fail; but be steadfast! For Allah is with those who patiently persevere. Be not as those who came forth from their dwellings boastfully. And to be seen of men and debar (men) from the way of Allah. And Allah encompasses what they do” (viii. 45-46).
Here the Muslims have been exhorted to observe five principles of war:
Be steadfast in the face of the enemy.
Have full reliance on the help of Allah and remember Him much.
Have the unity of purpose and solidarity of corporate life always before your eyes.
Be fully aware of the lofty purpose before you in fighting.
Don’t be proud and boastful in your attitude and behaviour.
Islam has purified even war of all its cruelty and horrors and has made it a” reformative process” to deal with evil. The Holy Qur’an bserves:
” And fight in the way of Allah against those who fight against you and transgress not the limits. Verily Allah loves not the transgressors” (ii. 190).
The Holy Prophet (may peace be upon him) has given clear instructions about the behaviour of the Muslim army. He observed:
” Set out for Jibad in the name of Allah and for the sake of Allah. Do not lay hands on the old verging on death, on women, children and babes. Do not steal anything from the booty and collect together all that falls to your lot in the battlefield and do good, for Allah loves the virtuous and the pious.”
So great is the respect for humanly feelings in Islam that even the wanton destruction of enemy’s crops or property is strictly forbidden. The righteous Caliphs followed closely the teachings of Allah and those of His Apostle in letter and spirit the celebrated address which the first Caliph Abu Bakr (Allah be pleased with him) gave to his army while sending her on the expedition to the Syrian borders is permeated with the noble spirit with which the war in Islam is permitted. He said:
” Stop, O people, that I may give you ten rules for your guidance in the battlefield. Do not commit treachery or deviate from the right path. You must not mutilate dead bodies. Neither kill a child, nor a woman. nor an aged man. Bring no harm to the trees, nor burn them with fire, especially those which are fruitful. Slay not ary of the enemy’s flock. save for your food. You are likely to pass by people who have devoted their lives to monast ic services; leave them alone”
It is said that once at the time of conquest, a singing girl was brought to al-Muhajir b. Abu Umayya who had been publicly singing satirical poems about Hadrat Abu Bakr. Muhajir got her hand amputated. When the Caliph heard this news, he was shocked and wrote a letter to Muhajir in the following words:
” I have learnt that you laid hands on a woman who had hurled abuses on me, and, therefore, got her hand amputated. God has not sought vengeance even in the case of polytheism, which is a great crime. He has not permitted mutilation even with regard to manifest infidelity. Try to be considerate and sympathetic in your attitude towards others in future. Never mutilate, because it is a grave offence. God purified Islam and the Muslims from rashness and excessive wrath. You are well aware of the fact that those enemies fell into the hands of the Messenger of Allah (may peace be upon him) who had been recklessly abusing him; who had turned him out of his home; and who fought against him, but he never permitted their mutilation.”
Another letter written by hadrat ‘Umar the Second Caliph, which is addressed to sa’d b. Abu Waqqas, speaks eloquently of the noble spirit with which the Muslims have bear exhorted to take up arms:
” Always search your minds and hearts and stress upon your men the need of perfect integrity and sincerity in the cause of Allah. There should be no material end before them in laying down their lives. but they abould deem it a means whereby they can please their Lord and entitle them. selves to His favour: such a spirit of selflessness should be inculcated in the minds of those who unfortunately lack it. Be firm in the thick of the battle as Allah helps man according to the perseverance that he shows in the cause of His faith and he would be rewarded in accordance with the spirit of sacrifice which he displays for the sake of the Lord. Be careful that those who have been entrusted to your care receive no harm at your hands and are never deprived of any of their legitimate rights.
Such in fact is the humane and noble attitude which Islam exhorts its followers to adopt on the battlefield where passions are generally let loose. It is an attitude the like of which is not to be found in the history of any other nation. Has the world any code of military ethics more noble and compassionate than this?” The moral tone adopted by the Caliph Abu Bakr in his instructions to the Syrian army was,” says a Christian historian,” so unlike the principles of the Roman government that it must have commanded profound attention from the subject people-such a proclamation announced to Jews and Christians sentiments of justice and principles of toleration which neither Roman emperors nor orthodox bishops had ever adopted as the rule of conduct.”
Western scholars have indulged in a good deal of mud-slinging on the question of the use of the sword in Islam. But if one were to reflect calmly on this point one would be convinced that the sword has not been used recklessly by the Muslims; it has been wielded purely with humane feelings in the wider interest of humanity. Utmost regard was always shown to human life, honour and property even on the battlefield. That is why in all the eighty-two encounters between the Muslims and the non-Muslims during the life of the Holy Prophet (may peace he upon him), only 1018 persons lost their lives on both sides. Out of this 259 were Muslims, whereas the remaining 759 belonged to the opposite camp. One wonders at the audacity of these writers only when one compares the religious wars of Charles the Great, in which 4300 pagan Saxons were killed in cold blood, when one recalls the” famous answer by which the Papal Legate, in the Albigensian war, quieted the scruples of a too conscientious general, ‘Kill all, God will know His own’…. When we recall the Spanish Inquisition, the conquest of Mexico and Peru, the massacre of St. Bartholomew, and the sack of Magdeburg by Tilly.”
It is indeed strange that the criticism on the use of sword by Muslims emanates from those whose hands are soiled in the blood of countless innocent human beings, by those who exult in the techniques of homicide, who have depersonalised warfare to such an extent that millions of innocent men and women are put to death and numberless are thrown into concentration camps and flogged with steel rods and ox-hide whips, and all this is done without any qualm of conscience. As human beings. we hang our heads down in shame when we think of the horrifying atrocities which have been perpetrated by the modern civilised men. It is estimated that. in the First World War, ten million soldiers were killed and an equal number of civilians lost their lives, and twenty million died on account of widespread epidemics and famines throughout the world as an aftermath of this war. Economic costs are estimated at $ 338,000,000,000 of which $ 186,000,000,000 were direct costs.
The losses in the Second World War were staggeringly greater as compared to those in the first one. Twenty-two million persons were killed and thirty-four million were wounded. The estimated cost of the war was $ 1, 348. 000,000,000 of which $ 1, 167,000,000,000 consisted of direct military costs.
It is significant that in the Korean War, the first instance in which an international organisation for establishing peace utilised military force to suppress aggression, more than one million persons were killed which added to the civilian deaths in Korea and totalled about five millions.
Chapter 1: REGARDING PERMISSION TO MAKE A RAID, WITHOUT AN ULTIMATUM, UPON THE DISBELIEVERS WHO HAVE ALREADY BEEN INVITED TO ACCEPT ISLAM
Ibn ‘Aun reported: I wrote to Nafi’ inquiring from him whether it was necessary to extend (to the disbelievers) an invitation to accept (Islam) before m”. ing them in fight. He wrote (in reply) to me that it was necessary in the early days of Islam. The Messenger of Allah (may peace be upon him) made a raid upon Banu Mustaliq while they were unaware and their cattle were having a drink at the water. He killed those who fought and imprisoned others. On that very day, he captured Juwairiya bint al-Harith. Nafi’ said that this tradition was related to him by Abdullah b. Umar who (himself) was among the raiding troops.
This hadith has been narrated on the authority of Ibn ‘Aun and the name of Juwairiya bint al-Harith was mentioned beyond any doubt.
Chapter 2: APPOINTMENT OF THE LEADERS OF EXPEDITIONS BY THE IMAM AND HIS ADVICE TO THEM ON ETIQUETTES OF WAR AND RELATED MATTERS
It has been reported from Sulaiman b. Buraid through his father that when the Messenger of Allah (may peace be upon him) appointed anyone as leader of an army or detachment he would especially exhort him to fear Allah and to be good to the Muslims who were with him. He would say: Fight in the name of Allah and in the way of Allah. Fight against those who disbelieve in Allah. Make a holy war, do not embezzle the spoils; do not break your pledge; and do not mutilate (the dead) bodies; do not kill the children. When you meet your enemies who are polytheists, invite them to three courses of action. If they respond to any one of these, you also accept it and withold yourself from doing them any harm. Invite them to (accept) Islam; if they respond to you, accept it from them and desist from fighting against them. Then invite them to migrate from their lands to the land of Muhairs and inform them that, if they do so, they shall have all the privileges and obligations of the Muhajirs. If they refuse to migrate, tell them that they will have the status of Bedouin Muilims and will be subjected to the Commands of Allah like other Muslims, but they will not get any share from the spoils of war or Fai’ except when they actually fight with the Muslims (against the disbelievers). If they refuse to accept Islam, demand from them the Jizya. If they agree to pay, accept it from them and hold off your hands. If they refuse to pay the tax, seek Allah’s help and fight them. When you lay siege to a fort and the besieged appeal to you for protection in the name of Allah and His Prophet, do not accord to them the guarantee of Allah and His Prophet, but accord to them your own guarantee and the guarantee of your companions for it is a lesser sin that the security given by you or your companions be disregarded than that the security granted in the name of Allah and His Prophet be violated When you besiege a fort and the besieged want you to let them out in accordance with Allah’s Command, do not let them come out in accordance with His Command, but do so at your (own) command, for you do not know whether or not you will be able to carry out Allah’s behest with regard to them.
Sulaiman b. Buraida repotted on the authority of his father that when Allah’s Messenger (may peace be upon him) sent an Amir with a detachment he called him and advised him. The rest of the hadith is the same.
This hadith has been transmitted on the authority of Shu’ba.
Chapter 3: COMMAND TO SHOW LENIENCY AND TO AVOID CREATING AVERSION (TOWARDS RELIGION)
It has been narrated on the authority of Abu Masa that when the Messenger of Allah (may peace be upon him) deputed any of his Companions on a mission, he would say: Give tidings (to the people) ; do not create (in their minds) aversion (towards religion) ; show them leniency and do not be hard upon them.
It has also been narrated by Sa’d b. Abu Burda through his father through his grandfather that the Prophet of Allah (may peace be upon him) sent him and Mu’adh (on a mission) to the Yemen, and said (by way of advising them): Show leniency (to the people) ; don’t be hard upon them; give them glad tidings (of Divine favours in this world and the Hereafter) ; and do not create aversion. Work in collaboration and don’t be divided.
This hadith has been transmitted on the authority of Buraida but for the last two words.
The Messenger of Allah (may peace he upon him) has been reported by Anas b. Malik to have said: Show leniency; do not be hard; give solace and do not create aversion.
Chapter 4: PROHIBITION (DENUNCIATION) OF BREACH OF FAITH
It has been narrated on the authority of Ibn ‘Umar that the Messenger of Allah (may peace be upon him) said: When Allah will gather together, on the Day of Judgment, all the earlier and later generations of mankind, a flag will be raised (to mark off) every person guilty of breach of faith, and it will be announced that this is the perfidy of so and so, son of so and so (to attract the attention of people to his guilt).
This hadith has been narrated on the authority of Ibn Umar through some other Chains of transmitters.
This hadith has been narrated by another chain of transmitters on the authority of the same narrator, with the wording: Allah will set up a flag for every person guilty of breach of faith on the Day of Judgment, and it will be announced: Look, this is the perfidy of so and so.
Ibn Umar reported that he heard the Messenger of Allah (may peace be upon him) saying: There will be a flag for every perfidious person on the Day of Judgment.
‘Abdullah reported Allah’s Prophet (may peace be upon him) as saying: There will be a flag for every perfidious person on the Day of Judgment, and it would be said: Here is the perfidy of so and so.
This hadith has been narrated on the authority of Shu’ba with a slight variation of wording.
It has been narrated on the authority of Abdullah that the Messenger of Allah (may peace be upon him) said: There will be for every perfidious person on the Day of Judgment a flag by which he will be recognised. It will be announced: Here is the breach of faith of so and so.
Anas reported Allah’s Messenger (may peace be upon him) having said this: There would be a flag for every perfidious person on the Day of Judgment by which he will be recognised.
It is narrated on the authority of Abu Sa’id that the Messenger of Allah (may peace be upon him) said: On the Day of Judgment there will be a flag fixed behind the buttocks of every person guilty of the breach of faith.
It is narrated on the authority of Abu Sa’id that the Messenger of Allah (may peace be upon him) said: On the Day of Judgment there will be a flag for every person guilty of the breach of faith. It will be raised in proportion to the extent of his guilt; and there is no guilt of treachery more serious than the one committed by the ruler of men.
Chapter 5: JUSTIFICATION FOR THE USE OF STRATAGEM IN WAR
It is narrated on the authority of Jabir that the Messenger of Allah (may peace be upon him) said: War is a stratagem.
This hadith has also been narrated on the authority of Abu Huraira.
Chapter 6: ONE SHOULD NOT DESIRE AN ENCOUNTER WITH THE ENEMY, BUT IT IS ESSENTIAL TO SHOW PATIENCE DURING THE ENCOUNTER
It has been narrated on the authority of Abu Huraira that the Messenger of Allah (may peace be upon him) said: Do not desire an encounter with the enemy; but when you encounter them, be firm.
It is narrated by Abu Nadr that he learnt from a letter sent by a man from the Aslam tribe, who was a Companion of the Holy Prophet (may peace be upon him) and whose name was ‘Abdullah b. Abu Aufa, to ‘Umar b. ‘Ubaidullah when the latter marched upon Haruriyya (Khawarij) informing him that the Messenger of Allah (may peace be upon him) in one of those days when lie was confronting the enemy waited until the sun had declined. Then he stood up (to address the people) and said: O ye men, do not wish for an encounter with the enemy. Pray to Allah to grant you security; (but) when you (have to) encounter them exercise patience, and you should know that Paradise is under the shadows of the swords. Then the Messenger of Allah (may peace be upon him) stood up (again) and said: O Allah. Revealer of the Book, Disperser of the clouds, Defeater of the hordes, put our enemy to rout and help us against them.
Chapter 7: DESIRABILITY OF PRAYING FOR VICTORY AT THE TIME OF CONFRONTATION WITH THE ENEMY
It is narrated on the authority of Ibn Abu Aufa that the Messenger of Allah (may peace be upon him) cursed the tribes (who had marched upon Medina with a combined force in 5 H) and said: O Allah, Revealer of the Book, swift in (taking) account, put the tribes to rout. O Lord, defeat them and shake them.
This hadith has been transmitted on the authority of Ibn Abu Aufa with a slight variation of words.
This hadith has been narrated on the authority of Ibn ‘Uyaina through another chain of transmitters (who added the words)” the Disperser of clouds” in his narration.
It is narrated on the authority of Anas that the Messenger of Allah (may peace be upon him) said on the day of the Battle of Ubud: O Allah, if Thou wilt (defeat Muslims), there will be none on the earth to worship Thee.
Chapter 8: PROHIBITION OF KILLING WOMEN AND CHILDREN IN WAR
It is narrated on the authority of ‘Abdullah that a woman was found killed in one of the battles fought by the Messenger of Allah (may peace be upon him). He disapproved of the killing of women and children.
It is narrated by Ibn ‘Umar that a woman was found killed in one of these battles; so the Messenger of Allah (may peace be upon him) forbade the killing of women and children.
Chapter 9: PERMISSIBILITY OF KILLING WOMEN AND CHILDREN IN THE NIGHT RAIDS, PROVIDED IT IS NOT DELIBERATE
It is reported on the authority of Sa’b b. Jaththama that the Prophet of Allah (may peace be upon him), when asked about the women and children of the polytheists being killed during the night raid, said: They are from them.
It is narrated by Sa’b b. Jaththama that he said (to the Holy Prophet): Messenger of Allah, we kill the children of the polytheists during the night raids. He said: They are from them.
Sa’b b. Jaththama has narrated that the Prophet (may peace be upon him) asked: What about the children of polytheists killed by the cavalry during the night raid? He said: They are from them.
Chapter 10: JUSTIFICATION FOR CUTTING DOWN THE TREES AND BURNING THEM
It is narrated on the authority of ‘Abdullah that the Messenger of Allah (may peace be upon him) ordered the date-palms of Banu Nadir to be burnt and cut. These palms were at Buwaira. Qutaibah and Ibn Rumh in their versions of the tradition have added: So Allah, the Glorious and Exalted, revealed the verse:” Whatever trees you have cut down or left standing on their trunks, it was with the permission of Allah so that He may disgrace the evil-doers” (lix. 5).
It is narrated on the authority of Ibn Umar that the Messenger of Allah (may peace be upon him) caused the date-palms of Banu Nadir to be cut down and burnt. It is in this connection that Hassan (the poet) said:
It was easy for the nobles of Quraish to barn Buwaira whose sparks were flying in all directions.
in the same connection was revealed the Qur’anic verse:” Whatever trees you have cut down or left standing on their trunks.”
‘Abdullah b. Umar reported that Allah’s Apostle (may peace be upon him) burnt the date-palms of Banu Nadir.
Chapter 11: THE SPOILS OF WAR ESPECIALLY MADE LAWFUL FOR THIS UMMA
It has been narrated by Abu Huraira that the Messenger of Allah (may peace be upon him) said: One of the Prophets made a holy war. He said to his followers: One who has married a woman and wants to consummate to his marriage but has not yet done so; another who has built a house but has not yet erected its roof; and another who has bought goats and pregnantshe-camels and is waiting for their offspring-will not accommpany me. So he marched on and approached a village at or about the time of the Asr prayers. He said to the sun: Thou art subserviant (to Allah) and so am I. O Allah, stop it for me a little. It was stopped for him until Allah granted him victory. The people gathered the spoils of war (at one place). A fire approached the spoils to devour them, but it did not devour them. He (the Holy Prophet) said: Some of you have been guilty of misappropriation. So one man from each tribe should swear fealty to me. The did so (putting their hands into his). The hand of one man stuck to his hand and the Prophet (may peace be upon him) said: Your tribe is guilty of misappropriation. Let all the members of your tribe swear fealty to me one by one. They did so, when the hands of two or three persons got stuck with his hand. He said: You have misappropriated. So they took out gold equal in volume to the head of a cow. They-placed it among the spoils on the earth. Then the fire approached the spoils and devoured them. The spoils of war were not made lawful for any people before us, This is because Allah saw our weakness and humility and made them lawful for us.
Chapter 12: SPOILS OF WAR
A hadith has been narrated by Mus’ab b. Sa’d who heard it from his father as saying: My father took a sword from Khums and brought it to the Holy Prophet (may peace be upon him) and said: Grant it to me. He refused. At this Allah revealed (the Qur’anic verse):” They ask thee concerning the spoils of war. Say: The spoils of war are for Allah and the Apostle” (viii. 1).
A hadith has been narrated by Mus’ab b. Sa’d who heard it from his father as saying:” Four verses of the Qur’an have been revealed about me. I found a sword (among the spoils of war). It was brought to the Holy Prophet (may peace be upon him). He (my father) said: Messenger of Allah, bestow it upon me. The Apostle of Allah (may peace be upon him) said: Place it there. Then he (my father) stood up and the Messenger of Allah (may peace be upon him) said to him: Place it from where you got it. (At this) he (my father) said again: Messenger of Allah, bestow it upon me Shall I be treated like one who has no share in (the booty)? The Apostle of Allah (may peace be upon him said: Place it from where you got it. At this was revealed the verse:” They ask thee about the spoils of war…. Say: The spoils of war are for Allah and the Messenger”
It has been narrated on the authority of Ibn Umar that the Prophet (may peace be upon him) sent an expedition to Najd and I was among the troops. They got a large number of camels as a booty. Eleven or twelve camels fell to the lot of every fighter and each of them also got one extra camel.
Ibn ‘Umar reported that Allah’s Messenger (may peace be upon him) sent an expedition to Najd and Ibn Umar was also among the troops, and their share (of the spoils) came to twelve camels and they were given one camel over and above that. and Allah’s Messenger (may peace be upon him) did not make any change in it.
It has been narrated by Ibn ‘Umar that the Messenger of Allah (may peace be upon him) sent an expedition to Najd, and I (also) went with the troops. We got camels and goats as spoils of war, and our share amounted to twelve camels per head, and the Messenger of Allah (may peace be upon him) gave an extra camel to each of us.
This hadith has been narrated on the authority of ‘Ubaidullah with the same chain of transmitters.
Ibn Aun said: I wrote to Nafi’ asking him about Nafl (spoils of war) and be wrote to me that Ibn ‘Umar was among that expedition. (The rest of the hadith is the same.)
A hadith has been narrated by Salim who learnt it from his father and said: The Messenger of Allah (may peace be upon him) gave us an extra (camel) besides our share of Khums; (and in this extra share) I got a Sharif (and a Sharif is a big old camel).
Ibn Shihab reported: It reached me through Ibn Umar that Allah’s Messenger (may peace be upon him) gave a share of spoils to the troop. The rest of the hadith is the same.
It has been narrated on the authority of Abdullah b. ‘Umar that the Messenger of Allah (may peace be upon him) used to give (from the spoils of war) to small troops seat on expeditions something more than the due share of each fighter in a large force. And Khums (one-fifth of the total spoils) was to be reserved (for Allah and His Apostle) in all cases.
Abu Muammad al-Ansari, who was the close companion of Abu Qatada. narrated the hadith (which follows).
Abu Muhammad, the freed slave of Abu Qatada reported on the authority of Abu Qatda and narrated the hadith.
Chapter 13: REGARDING THE RIGHT OF THE FIGHTER TO THE BELONGINGS OF THE ONE KILLED BY HIM IN THE FIGHT
Abu Qatada reported: We accompanied the Messenger of Allah (my peace be upon him) on an expedition in the year of the Battle of Hunain. When we encountered the enemy, (some of the Muslims turned back (in fear). I saw that a man from the polytheists overpowered one of the Muslims. I turned round and attacked him from behind giving a blow between his neck and shoulder. He turned towards me and grappled with me in such a way that I began to see death staring me in the face. Then death overtook him and left me alone. I joined ‘Umar b. al-Khattab who was saying: What has happened to the people (that they are retreating)? I said: It is the Decree of Allah. Then the people returned. (The battle ended in a victory for the Muslims) and the Messenger of Allah (may peace be upon him) sat down (to distribute the spoils of war). He said: One who has killed an enemy and can bring evidence to prove it will get his belongings. So I stood up and said: Who will give evidence for me? Then I sat down. Then he (the Holy Prophet) said like this. I stood up (again) and said: Who will bear witness for me? He (the Holy Prophet) made the same observation the third time, and I stood up (once again). Now the Messenger of Allah (may peace be upon him) said: What has happened to you, O Abu Qatada? Then I related the (whole) story, to him. At this, one of the people said: He has told the truth. Messenger of Allah 1 The belongings of the enemy killed by him are with me. Persuade him to forgo his right (in my favour). (Objecting to this proposal) Abu Bakr said: BY Allah, this will not happen. The Messenger of Allah (may peace be upon him) will not like to deprive one of the lions from among the lions of Allah who fight in the cause of Allah and His Messenger and give thee his share of the booty. So the Messenger of Allah (may peace he upon him) said: He (Abu Bakr) has told the truth, and so give the belongings to him (Abu Qatada). So he gave them to me. I sold the armour (which was a part of my share of the booty) and bought with the sale proceeds a garden in the street of Banu Salama. This was the first property I acquired after embracing Islam.
In a version of the hadith narrated by Laith, the words uttered by Abu Bakr are:” No, never! He will not give it to a fox from the Quraish leaving aside a lion from the lions of Allah among….” And the hadith is closed with the words:” The first property I acquired.”
It has been narrated on the authority of ‘Abd al-Rahman b. Auf who said: While I was standing in the battle array on the Day of Badr, I looked towards my right and my left, and found myself between two boys from the Ansar quite young in age. I wished I were between stronger persons. One of them made a sign to me and. said: Uncle, do you recognise Abu Jahl? 1 said: Yes. What do you want to do with him, O my nephew? He said: I have been told that he abuses the Messenger of Allah (may peace be upon him). By Allah, in Whose Hand is my life, if I see him (I will grapple with him) and will not leave him until one of us who is destined to die earlier is killed. The narrator said: I wondered at this. Then the other made a sign to me and said similar words. Soon after I saw Abu Jahl. He was moving about among men. I said to the two boys: Don’t you see? He is the man you were inquiring about. (As soon as they heard this), they dashed towards him, struck him with their swords until he was killed. Then they returned to the Messenger of Allah (may peace be upon him) and informed him (to this effect). He asked: Which of you has killed him? Each one of them said: I have killed him. He said: Have you wiped your swords? They said: No. He examined their swords and said: Both of you have killed him. He then decided that the belongings of Abu Jahl he handed over to Mu’adh b. Amr b. al-Jamuh. And the two boys were Mu’adh b. Amr b. Jawth and Mu’adh b. Afra.
Auf b. Malik has narrated that a man from the Himyar tribe killed an enemy and wanted to take the booty. Khalid b. Walid, who was the commander over them, forbade, him. ‘Auf b Malik (the narrator) came to the Messenger of Allah (may peace be upon him) and informed him (to this effect). The latter asked Khalid: What prevented you from giving the booty to him? Khalid said: I thought it was too much. He (the Holy Prophet) said: Hand it over to him. Now when Khalid by Auf, the latter pulled him by his cloak and said (by way of chafing him): Hasn’t the same thing happened what I reported to you from the Messenger of Allah (may peace he upon him)? When the Messenger of Allah (may peace be upon him) heard it. he was angry (and said): Khalid, don’t give him, Khalid, don’t give him. Are you going to desert the commanders appointed by roe? Your similitude and theirs is like a person who took camels and sheep for grazing. He grazed them and when it was time for them to have a drink, he brought them to a pool. So they drank from it, drinking away its clear water and leaving the turbid water below So the clear water (i. e. the best reward) is for you and the turbid water (i e. blame) is for them.
It has been narrated on the authority of Auf b. Malik al-Ashja’i who said: I joined the expedition that marched under Zaid b. Haritha to Muta, and I received reinformcement from the Yemen. (After this introduction), the narrator narrated the tradition that had gone before except that in his version Auf was reported to have said (to Khalid): Khalid, didn’t you know that the Messenger of Allah (way peace be upon him) had decided In favour of giving the booty (sized from an enemy) to one who killed him? He (Khalid) said: Yes. but I thought it was too much.
It has been reported by Salama b. al-Akwa’: We fought the Battle of Hawazin along with the Messenger of Allah (may peace be upon him). (One day) when we were having our breakfast with the Messenger of Allah (may peace he upon him), a man came riding a red camel. He made it kneel down, extracted a strip of leather from its girth and tethered the camel with it. Then he began to take food with the people and look (curiously around). We were in a poor condition as some of us were on foot (being without any riding animals). All of a sudden, he left us hurriedy, came to his camel, untethered it, made it kneel down, mounted it and urged the beast which ran off with him. A man on a brown rhe-camel chased him (taking him for a spy). Salama (the narrator) said: I followed on foot. I ran on until I was near the thigh of the she-camel. I advanced further until I was near the haunches of the camel. I advanced still further until I caught hold of the nosestring of the camel. I made it kneel down. As soon as it placed its knee on the ground, I drew my sword and struck at the head, of the rider who fell down. I brought the camel driving it along with the man’s baggage and weapons. The Messenger of Allah (may peace be upon him) came forward to meet me and the people were with him. He asked: Who has killed the man? The people said: Ibn Akwa’. He said: Everything of the man is for him (Ibn Akwa’).
Chapter 14: ADDITIONAL AWARD TO THE FIGHTERS AND REPATRIATION OF THE ENEMY PRISONERS AS A RANSOM FOR THE MUSLIMS
It has been narrated on the authority of Salama (b. al-Akwa’) who said: We fought against the Fazara and Abu Bakr was the commander over us. He had been appointed by the Messenger oi Allah (may peace be upon him). When we were onlv at an hour’s distance from the water of the enemy, Abu Bakr ordered us to attack. We made a halt during the last part of the night tor rest and then we attacked from all sides and reached their watering-place where a battle was fought. Some of the enemies were killed and some were taken prisoners. I saw a group of persons that consisted of women and children. I was afraid lest they should reach the mountain before me, so I shot an arrow between them and the mountain. When they saw the arrow, they stopped. So I brought them, driving them along. Among them was a woman from Banu Fazara. She was wearing a leather coat. With her was her daughter who was one of the prettiest girls in Arabia. I drove them along until I brought them to Abu Bakr who bestowed that girl upon me as a prize. So we arrived in Medina. I had not yet disrobed her when the Messenger of Allah (may peace be upon him) met me in the street and said: Give me that girl, O Salama. I said: Messenger of Allah, she has fascinated me. I had not yet disrobed her. When on the next day. the Messenger of Allah (may peace be upon him) ag;tin met me in the street, he said: O Salama, give me that girl, may God bless your father. I said: She is for you. Messenger of Allah! By Allah. I have not yet disrobed her. The Messenger of Allah (may peace be upon him) sent her to the people of Mecca, and surrendered her as ransom for a number of Muslims who had been kept as prisoners at Mecca.
Chapter 15: FAI’ (PROPERTY TAKEN FROM THE ENEMY WITHOUT A FORMAL WAR)
It has been narrated on the authority of Abu Huraira that the Messenger of Allah (may peace be upon him) said: If you come to a township (which has surrendered without a formal war) and stay therein, you have a share (that will be in the form of an award) in (the properties obtained from) it. If a township disobeys Allah and His Messenger (and actually fights against the Muslims) one-fifth of the booty seized therefrom is for Allah and His Apostle and the rest is for you.
It has been narrated on the authority of Umar, who said: The properties abandoned by Banu Nadir were the ones which Allah bestowed upon His Apostle for which no expedition was undertaken either with cavalry or camelry. These properties were particularly meant for the Holy Prophet (may peace be upon him). He would meet the annual expenditure of his family from the income thereof, and would spend what remained for purchasing horses and weapons as preparation for Jihad.
This hadith has been narrated on the authority of Zuhri.
It is reported by Zuhri that this tradition was narrated to him by Malik b. Aus who said: Umar b. al-Khattab sent for me and I came to him when the day had advanced. I found him in his house sitting on his bare bed-stead, reclining on a leather pillow. He said (to me): Malik, some people of your tribe have hastened to me (with a request for help). I have ordered a little money for them. Take it and distribute it among them. I said: I wish you had ordered somebody else to do this job. He said: Malik, take it (and do what you have been told). At this moment (his man-servant) Yarfa’ came in and said: Commander of the Faithful, what do you say about Uthman, Abd al-Rabman b. ‘Auf, Zubair and Sa’d (who have come to seek an audience with you)? He said: Yes, and permitted them. so they entered. Then he (Yarfa’) came again and said: What do you say about ‘Ali and Abbas (who are present at the door)? He said: Yes, and permitted them to enter. Abbas said: Commander of the Faithful, decide (the dispute) between me and this sinful, treacherous, dishonest liar. The people (who were present) also said: Yes. Commander of the Faithful, do decide (the dispute) and have mercy on them. Malik b. Aus said: I could well imagine that they had sent them in advance for this purpose (by ‘Ali and Abbas). ‘Umar said: Wait and be patient. I adjure you by Allah by Whose order the heavens and the earth are sustained, don’t you know that the Messenger of Allah (may peace be upon him) said:” We (prophets) do not have any heirs; what we leave behind is (to be given in) charity”? They said: Yes. Then he turned to Abbas and ‘Ali and said: I adjure you both by Allah by Whose order the heavens and earth are sustained, don’t you know that the Messenger of Allah (may peace be upon him) said:” We do not have any heirs; what we leave behind is (to be given in) charity”? They (too) said: Yes. (Then) Umar said: Allah, the Glorious and Exalted, had done to His Messenger (may peace be upon him) a special favour that He has not done to anyone else except him. He quoted the Qur’anic verse:” What Allah has bestowed upon His Apostle from (the properties) of the people of township is for Allah and His Messenger”. The narrator said: I do not know whether he also recited the previous verse or not. Umar continued: The Messenger of Allah (may peace be upon him) distrbuted among you the properties abandoned by Banu Nadir. By Allah, he never preferred himself over you and never appropriated anything to your exclusion. (After a fair distribution in this way) this property was left over.
The Messenger of Allah (may peace be upon him) would meet from its income his annual expenditure, and what remained would be deposited in the Bait-ul-Mal. (Continuing further) he said: I adjure you by Allah by Whose order the heavens and the earth are sustained. Do you know this? They said: Yes. Then he adjured Abbas and ‘All as he had adjured the other persons and asked: Do you both know this? They said: Yes. He said: When the Messenger of Allah (may peace be upon him) passed away, Abu Bakr said:” I am the successor of the Messenger of Allah (may peace be upon him).” Both of you came to demand your shares from the property (left behind by the Messenger of Allah). (Referring to Hadrat ‘Abbas), he said: You demanded your share from the property of your nephew, and he (referring to ‘Ali) demanded a share on behalf of his wife from the property of her father. Abu Bakr (Allah be pleased with him) said: The Messenger of Allah (may peace be upon him) had said:” We do not have any heirs; what we leave behind is (to be given in) charity.” So both of you thought him to be a liar, sinful, treacherous and dishonest. And Allah knows that he was true, virtuous, well-guided and a follower of truth. When Abu Bakr passed away and (I have become) the successor of the Messenger of Allah (may peace be upon him) and Abu Bakr (Allah be pleased with him), you thought me to be a liar, sinful, treacherous and dishonest. And Allah knows that I am true, virtuous, well-guided and a follower of truth. I became the guardian of this property. Then you as well as he came to me. Both of you have come and your purpose is identical. You said: Entrust the property to us. I said: If you wish that I should entrust it to you, it will be on the condition that both of you will undertake to abide by a pledge made with Allah that you will use it in the same way as the Messenger of Allah (may peace be upon him) used it. So both of you got it. He said: Wasn’t it like this? They said: Yes. He said: Then you have (again) come to me with the request that I should adjudge between you. No, by Allah. I will not give any other judgment except this until the arrival of the Doomsday. If you are unable to hold the property on this condition, return it to me.
The same hadith has been narrated by a different chain of transmitters with a slight variation in wording: ‘Umar b. al-Khattab sent for me and said: Some families from your tribe have come to me (then follows the foregoing hadith) by Malik with the difference that the Messenger of Allah (may peace be upon him) would spend on his family for a year. And sometimes Ma’mar said: He would retain sustenance for his family for a year, and what was left of that he spent in the cause of Allah, the Majestic and Exalted.
Chapter 16: THE SAYING OF THE PROPHET (MAY PEACE BE UPON HIM):” WE (PROPHETS) DO NOT HAVE ANY HEIRS; WHAT WE LEAVE BEHIND IS (TO BE GIVEN IN) CHARITY”
It is narrated on the authority of ‘A’isha who said: When the Messenger of Allah (may peace be upon him) passed away, his wives made up their minds to send ‘Uthman b. ‘Affan (as their spokesman) to Abu Bakr to demand from him their share from the legacy of the Holy Prophet (may peace be upon him). (At this), A’isha said to them: Hasn’t the Messenger of Allah (may peace be upon him) said:” We (Prophets) do not have any heirs; what we leave behind is (to be given in) charity”?
It is narrated on the authority of Urwa b. Zubair who narrated from A’isha that she informed him that Fatima, daughter of the Messenger of Allah (may peace be upon him), sent someone to Abu Bakr to demand from him her share of the legacy left by the Messenger of Allah (may peace be upon him) from what Allah had bestowed upon him at Medina and Fadak and what was left from one-filth of the income (annually received) from Khaibar. Abu Bakr said: The Messenger of Allah (may peace be upon him) said:” We (prophets) do not have any heirs; what we leave behind is (to be given in) charity.” The household of the Messenger of Allah (may peace be upon him) will live on the income from these properties, but, by Allah, I will not change the charity of the Messenger of Allah (may peace be upon him) from the condition in which it was in his own time. I will do the same with it as the Messenger of Allah (may peace be upun him) himself used to do. So Abu Bakr refused to hand over anything from it to Fatima who got angry with Abu Bakr for this reason. She forsook him and did not talk to him until the end of her life. She lived for six months after the death of the Messenger of Allah (may peace be upon him). When she died, her husband. ‘Ali b. Abu Talib, buried her at night. He did not inform Abu Bakr about her death and offered the funeral prayer over her himself. During the lifetime of Fatima, ‘All received (special) regard from the people. After she had died, he felt estrangement in the faces of the people towards him. So he sought to make peace with Abu Bakr and offer his allegiance to him. He had not yet owed allegiance to him as Caliph during these months. He sent a person to Abu Bakr requesting him to visit him unaccompanied by anyone (disapproving the presence of Umar). ‘Umar said to Abu Bakr: BY Allah, you will not visit them alone. Abu Bakr said: What will they do to me? By Allah, I will visit them. And he did pay them a visit alone. ‘All recited Tashahhud (as it is done in the beginning of a religious sermon) ; then said: We recognise your moral excellence and what Allah has bestowed upon you. We do not envy the favour (i. e. the Catiphate) which Allah nas conferred upon you; but you have done it (assumed the position of Caliph) alone (without consulting us), and we thought we had a right (to be consulted) on account of our kinship with the Messenger of Allah (may peace be upon him). He continued to talk to Abu Bakr (in this vein) until the latter’s eyes welled up with tears. Then Abd Bakr spoke and said: By Allah, in Whose Hand is my life, the kinship of the Messenger of Allah (may peace be upon him) is dearer to me than the kinship of my own people. As regards the dispute that has arisen between you and me about these properties, I have not deviated from the right course and I have not given up doing about them what the Messenger of Allah (may peace be upon him) used to do. So ‘Ali said to Abu Bakr: This aftetnoon is (fixed) for (swearing) allegiance (to you). So when Abu Bakr had finished his Zuhr prayer, he ascended the pulpit and recited Tashahhud, and described the status of ‘Ali, his delay in swearing allegiance and the excuse which lie had offered to him (for this delay). (After this) he asked for God’s forgiveness. Then ‘Ali b. Abu Talib recited the Tashahhud. extolled the merits of Abu Bakr and (said that) his action was nott prompted by any jealousy of Abu Bakr on his part or his refusal to accept the high position which Allah had conferred upon him, (adding: ) But we were of the opinion that we should have a share in the government, but the matter had been decided without taking us into confidence, and this displeased us. (Hence the delay in offering allegiance. The Muslims were pleased with this (explanation) and they said: You have done the right thing. The Muslims were (again) favourably inclined to ‘Ali since he adopted the proper course of action.
It has been narrated on the authority of ‘A’isha that Fatima and ‘Abbas approached Abu Bakr, soliciting transfer of the legacy of the Messenger of Allah (may peace be upon him) to them. At that time, they were demanding his (Holy Prophet’s) lands at Fadak and his share from Khaibar. Abu Bakr said to them: I have heard from the Messenger of Allah (may peace be upon him). Then he quoted the hadith having nearly the same meaning as the one which has been narrated by Uqail on the authority of al-Zuhri (and which his gone before) except that in his version he said: Then ‘Ali stood up, extolled the merits of Abu Bakr mentioned his superiority, and his earlier acceptance of Islam. Then he walked to Abu Bakr and swore allegiance to him. (At this) people turned towards ‘Ali and said: you have done the right thing. And they became favourably inclined to ‘Ali after he had adopted the proper course of action.
It has been narrated by ‘Urwa b Zubair on the authority of ‘A’isha, wife of the Holy Prophet (may peace be upon him), that Fatima, daughter of the Messenger of Allah (may peace be upon him), requested Abu Bakr, after the death of the Messenger of Allah (may peace he upon him), that he should set apart her share from what the Messenger of Allah (may peace be upon him) had left from the properties that God had bestowed upon him. Abu Bakr said to her: The Messenger of Allah (may peace be npon him) said:” We do not have any heirs; what we leave behind is Sadaqa (charity).” The narrator said: She (Fatima) lived six months after the death of the Messenger of Allah (may peace be upon him) and she used to demand from Abu Bakr her share from the legacy of the Messenger of Allah (may peace be upon him) from Khaibar, Fadak and his charitable endowments at Medina. Abu Bakr refused to give her this, and said: I am not going to give up doing anything which the Messenger of Allah (may peace be upon him) used to do. I am afraid that it I go against his instructions in any matter I shall deviate from the right course. So far as the charitable endowments at Medina were concerned, ‘Umar handed them over to ‘All and Abbas, but ‘Ali got the better of him (and kept the property under his exclusive possession). And as far as Khaibar and Fadak were concerned ‘Umar kept them with him, and said: These are the endowments of the Messenger of Allah (may peace be upon him) (to the Umma). Their income was spent on the discharge of the responsibilities that devolved upon him on the emergencies he had to meet. And their management was to be in the hands of one who managed the affairs (of the Islamic State). The narrator said: They have been managed as such up to this day.
It has been narrated on the authority of Abu Huraira that the Messenger of Allah (may peace be upon him) said: My heirs cannot share even a dinar (from my legacy) ; what I leave behind after paving mtintenance allowance to my wives and remuneration to my manager is (to go in) charity.
A similar hadith has been narrated on the authority of Abu Zinad through a different chain of transmitters.
It his been narrated on the authority of Abu Huraira that the Messenger of Allah (may peace be upon him) said:” We do not have any heirs; what we leave behind is a charitable endowment.”
Chapter 17: DISTRIBUTION OF THE SPOILS AMONG THE FIGHTERS
It has been narrated on the authority of Ibn Umar that the Messenger of Allah (may peace be upon him) allowed two shares from the spoils to the horseman and one share to the footman.
The same tradition has been narrated on the authority of Ubaidullah by a different chain of transmitters who do not mention the words:” from the booty”.
Chapter 18: THE HELP WITH ANGELS IN BADR AND THE PERMISSIBILITY OF THE SPOILS OF WAR
It has been narrated on the authority of ‘Umar b. al-Khattab who said: When it was the day on which the Battle of Badr was fought, the Messenger of Allah (may peace be upon him) cast a glance at the infidels, and they were one thousand while his own Companions were three hundred and nineteen. The Holy Prophet (may peace be upon him) turned (his face) towards the Qibla Then he stretched his hands and began his supplication to his Lord:” O Allah, accomplish for me what Thou hast promised to me. O Allah, bring about what Thou hast promised to me. O Allah, if this small band of Muslims is destroyed. Thou will not be worshipped on this earth.” He continued his supplication to his Lord, stretching his hands, facing the Qibla, until his mantle slipped down from his shoulders. So Abu Bakr came to him, picked up his mantle and put it on his shoulders. Then he embraced him from behind and said:. Prophet of Allah, this prayer of yours to your Lord will suffice you, and He will fulfil for you what He has promised you. So Allah, the Glorious and Exalted, revealed (the Qur’anic verse):” When ye appealed to your Lord for help, He responded to your call (saying): I will help you with one thousand angels coming in succession.” So Allah helped him with angels.
Abu Zumail said that the badith was narrated to him by Ibn ‘Abbas who said: While on that day a Muslim was chasing a disbeliever who was going ahead of him, he heard over him’ the swishing of the whip and the voice of the rider saying: Go ahead, Haizi’m! He glanced at the polytheist who had (now) fallen down on his back. When he looked at him (carefully he found that) there was a scar on his nose and his face was torn as if it had been lashed with a whip, and had turned green with its poison. An Ansari came to the Messenger of Allah (may peace be upon him) and related this (event) to him. He said: You have told the truth. This was the help from the third heaven. The Muslims that day (i. e. the day of the Battle of Badr) killed seventy persons and captured seventy. The Messenger of Allah (may peace be upon him) said to Abu Bakr and ‘Umar (Allah be pleased with them): What is your opinion about these captives? Abu Bakr said: They are our kith and kin. I think you should release them after getting from them a ransom. This will be a source of strength to us against the infidels. It is quite possible that Allah may guide them to Islam. Then the Messenger of Allah (may peace be upon him) said: What is your opinion. Ibn Khattab? He said: Messenger of Allah. I do not hold the same opinion as Abu Bakr. I am of the opinion that you should hand them over to us so that we may cut off their heads. Hand over ‘Aqil to ‘Ali that he may cut off his head, and hand over such and such relative to me that I may but off his head. They are leaders of the disbelievers and veterans among them. The Messenger of Allah (may peace be upon him) approved the opinion of Abu Bakr and did not approve what I said The next day when I came to the Messenger of Allah (may peace be upon him), I found that both he and Abu Bakr were sitting shedding tears. I said: Messenger of Allah, why are you and your Companion shedding tears? Tell me the reason. For I will weep ate, if not, I will at least pretend to weep in sympathy with you. The Messenger of Allah (may peace be upon him) said: I weep for what has happened to your companions for taking ransom (from the prisoners). I was shown the torture to which they were subjected. It was brought to me as close as this tree. (He pointed to a tree close to him.) Then God revealed the verse:” It is not befitting for a prophet that he should take prisoners until the force of the disbelievers has been crushed…” to the end of the verse:” so eat ye the spoils of war, (it is) lawful and pure. So Allah made booty lawful for them.”
Chapter 19: BINDING THE PRISONERS AND PUTTING THEM IN CONFINMENT AND JUSTIFICATION FOR SETTING THEM FREE WITHOUT ANY RANSOM
It has been narrated on the authority of Abu Huraira who said: The Messenger of Allah (may peace be upon him) sent some horsemen to Najd. They captured a man. He was from the tribe of Banu Hanifa and was called Thumama b. Uthal. He was the chief of the people of Yamama. People bound him with one of the pillars of the mosque. The Messenger of Allah (may peace be upon him) came out to (see) him. He said: O Thumama, what do you think? He replied: Muhammad, I have good opinion of you. If you kill me, you will kill a person who has spilt blood. If you do me a favour, you will do a favour to a grateful person. If you want wealth, ask and you will get what you will demand. The Messenger of Allah (may peace be pon him) lefthim (in this condition) for two days, (and came to him again) and said: What do you think, O Thumama? He replied: What I have already told you. If you do a favour, you will do a favour to a grateful person. If you kill me, you will kill a person who has spilt blood. If you want wealth, ask and you will get what you will demand. The Messenger of Allah (may peace be upon him) left him until the next day when he (came to him again) and said: What do you think, O Thumama? He replied: What I have already told you. If you do me a favour, you will do a favour to a grateful person. If you kill me, you will kill a person who has spilt blood. If you want wealth ask and you will get what you will demand. The Messenger of Allah (may peace be upon him) said: Set Thumama free. He went to a palm-grove near the mosque and took a bath. Then he entered the mosque and said: I bear testimony (to the truth) that there is no god but Allah and I testify that Muhammad is His bondman and His messenger. O Muhammad, by Allah, there was no face on the earth more hateful to me than your face, but (now) your face has become to me the dearest of all faces. By Allah, there was no religion more hateful to me than your religion, but (now) your religion has become the dearest of all religions to me. By Allah, there was no city more hateful to me than your city, but (now) your city has become the dearest of all cities to me. Your horsemen captured me when I intended going for Umra. Now what is your opinion (in the matter)? The Messenger of Allah (may peace be upon him) announced good tidings to him and told him to go on ‘Umra. When he reached Mecca, somebody said to him: Have you changed your religion? He said: No! I have rather embraced Islam with the Messenger of Allah (may peace be upon him). By Allah, you will not get a single grain of wheat from Yamama until it is permitted by the Messenger of Allah (may peace be upon him).
The same tradition has been narrated by a different chain of transmitters with a slight difference in the wording.
Chapter 20: EVACUATION OF THE JEWS FROM THE HIJAZ
It has been narrated on the authority of Abu Huraira who said: We were (sitting) in the mosque when the Messenger of Allah (may peace be upon him) came to us and said: (Let us) go to the Jews. We went out with him until we came to them. The Messenger of Allah (may peace be upon him) stood up and called out to them (saying): O ye assembly of Jews, accept Islam (and) you will be safe. They said: Abu’l-Qasim, you have communicated (God’s Message to us). The Messenger of Allah (may peace be upon him) said: I want this (i. e. you should admit that God’s Message has been communicated to you), accept Islam and you would be safe. They said: Abu’l-Qisim, you have communicated (Allah’s Message). The Messenger of Allah (may peace be upon him) said: I want this… – He said to them (the same words) the third time (and on getting the same reply) he added: You should know that the earth belongs to Allah and His Apostle, and I wish that I should expel you from this land Those of you who have any property with them should sell it, otherwise they should know that the earth belongs to Allah and His Apostle (and they may have to go away leaving everything behind).
It has been narrated on the authority of Ibn Umar that the Jews of Banu Nadir and Banu Quraizi fought against the Messenger of Allah (may peace be upon him) who expelled Banu Nadir, and allowed Quraiza to stay on, and granted favour to them until they too fought against him Then he killed their men, and distributed their women, children and properties among the Muslims, except that some of them had joined the Messenger of Allah (may peace be upon him) who granted them security. They embraced Islam. The Messenger of Allah (may peace be upon him) turned out all the Jews of Medlina. Banu Qainuqa’ (the tribe of ‘Abdullah b. Salim) and the Jews of Banu Haritha and every other Jew who was in Medina.
A similar hadith has been transmitted by a different chain of narrators, but the hadith narrated by Ibn Juraij is more detailed and complete.
It has been narrated by ‘Umar b. al-Khattib that he heard the Messenger of Allah (may peace be upon him) say: I will expel the Jews and Christians from the Arabian Peninsula and will not leave any but Muslim.
This hadith has been narrated on the authority of Zubair with the same chain of transmitters.
Chapter 21: JUSTIFICATION FOR KILLING THOSE GUILTY OF BREACH OF TRUST AND MAKING THE PEOPLE OF THE FORT SURRENDER ON THE ARBITRATION OF A JUST PERSON
It has been narrated on the authority of Abu Sa’id al-Khudri who said: The people of Quraiza surrendered accepting the decision of Sa’d b. Mu’adh about them. Accordingly, the Messenger of Allah (may peace be upon him) sent for Sa’d who came to him riding a donkey. When he approached the mosque, the Messenger of Allah (may peace be upon him) said to the Ansar: Stand up to receive your chieftain. Then he said (to Sa’d): These people have surrendered accepting your decision. He (Sa’d) said: You will kill their fighters and capture their women and children. (Hearing this), the Propbot (may peace he tpon him) said: You have adjudged by the command of God. The narrator is reported to have said: Perhaps he said: You have adjuged by the decision of a king.
Ibn Muthanna (in his version of the tradition) has not mentioned the alternative words.
Through the same chain of transmitters Shu’ba has narrated the same tradition in which he says that the Messenger of Allah (may peace be upon him) said (to Sa’d): You have adjudged according to the command of God. And once he said: you have adjudged by the decision of a king.
It has been narrated on the authority of A’isha who said: Sa’d was wounded on the day of the Battle of the Ditch. A man from the Quraish called Ibn al-Ariqah shot at him an arrow which pierced the artery in the middle of his forearm. The Messenger of Allah (may peacce be upon him) pitched a tent for him in the mosque and would inquire after him being in close proximity. When he returned from the Ditch and laid down his arms and took a bath, the angel Gabriel appeared to him and he was removing dust from his hair (as if he had just returned from the battle). The latter said: You have laid down arms. By God, we haven’t (yet) laid them down. So march against them. The Messenger of Allah (may peace be upon him) asked: Where? He poirftad to Banu Quraiza. So the Messenger of Allah (may peace he upon him) fought against them. They surrendered at the command of the Messenger of Allah (may peace be upon him), but he referred the decision about them to Sa’d who said: I decide about them that those of them who can fight be killed, their women and children taken prisoners and their properties distributed (among the Muslims).
It has been narrated on the authority of Hisham (who learnt it from his father) that the Messenger of Allah (may peace be upon him) said (to Sa’d): You have adjudged their case with the judgment of God. the Exalted and Glorified.
It has been narrated on the authority of ‘A’isha that Sa’d's wound became dry and was going to heal when he prayed: O God, surely Thou knowest that nothing is dearer to me than that I should fight for Thy cause against the people who disbeliever Your Messenger (may peace be upon him) and turned him out (from his native place). If anything yet remains to be decided from the war against the Quraish, spare my life so that I may fight against them in Thy cause. O Lord, I think Thou hast ended the war between us and them. If Thou hast done so, open my wound (so that it may discharge) and cause my death thereby. So the wound begin to bleed from the front part of his neck. The people were not scared except when the blood flowed towards them, and in the mosque along with Sa’d's tent was the tent of Banu Ghifar. They said: O people of the tent, what is it that is coming to us from you? Lo! it was Sa’d's wound that was bleeding and he died thereof.
This tradition has been narrated by Hishim through the same chain of transmitters with a little difference in the wording. He said: (His wound) began to bleed that very night and it continued to bleed until he died. He has made the addition that it was then that (a non-believing) poet said:
Hark, O Sa’d, Sa’d of Banu Mu’adh,
What have the Quraiaa and Nadir done?
By thy life! Sa’d b. Mu’adh>br> Was steadfast on the morn they departed.
You have left your cooking-pot empty,
While the cooking-pot of the people is hot and boiling.
Abu Hubab the nobleman has said,
O Qainuqa’, do not depart.
They were weighty in their country
just aa rocks are weighty in Maitan.
Chapter 22: SHOWING PROMPTITUDE IN JIHAD AND GIVING PRECEDENCE TO THE MORE URGENT OF THE TWO ACTIONS WHILE MAKING A CHOICE BETWEEN THEM
It has been narrated on the authority of Abdullah who said: On the day he returned from the Battle of Ahzab, the Messenger of Allah (may peace be upon him) made for us an announcement that nobody would say his Zuhr prayer but in the quarters of Banu Quraiza (Some) people, being afraid that the time for prayer would expire, said their prayers before reaching the street of Banu Quraiza. The others said: We will not say our prayer except where the Messenger of Allah (may peace be upon him) has ordered us to say it even if the time expires. (When he learned of the difference in the view of the two groups of the people, the Messenger of Allah (may peace be tipon him) did not blame anyone from the two groups.
Chapter 23: RETURN OF THEIR GIFTS TO THE ANSAR BY THE MUHAJIRS WHEN THE LATTER GREW RICH AS A REBULT OF THE CONQUESTS
It has been narrated on the authority of Anas b. Malik who said: When the Muhajirs migrated from Mecca to Medina; they came (in a state that) they had not anything (i. e. money) in theirhands, while the Ansar possessed lands and date palms. They divided their properties with the Muhajirs. The Ansar divided and gave them on the condition that they would give half the fruit from the orchards every year, and the Muhajirs would recompense them by working with them and putting in labour. The mother of Anas b. Malik was called Umm Sulaim and she was also the mother of ‘Abdullah b. Talha who was a brother of Anas from his mother’s side. The mother of Anas had given the Messenger of Allah (may peace be upon him) her date-palms. He bestowed them upon Umm Aiman, the slave-girl who had been freed by him and was the mother of Usama b. Zaid. When the Messenger of Allah (may peace be upon him) had finished the war with the people of Khaibar and returned to Medina, the Muhajirs returned to the Ansar all the gifts which they had given them out of the fruits. (Anas b. Malik said: ) The Messenger of. Allah (may peace be upon him) returned to my mother her date-palms and gave to Umm Aiman instead of them date-palms from his orchard. Ibn Shihab says that Umm Aiman was the mother of Usama b. Zaid who was the slave-girl of ‘Abdullah b. ‘Abd-ul-Muttalib and hailed from Abyssinia. When Amina gave birth to the Messenger of Allah (may peace be upon him) after the death of his father, Umm Aiman used to nurse him until he grew up. He (later on) freed her and married her to Zaid b. Haritha. She died five months after the death of the Messenger of Allah (may peace be upon him).
It has been narrated by Anas that (after his migration to Medina) a person placed at the Prophet’s (may peace be upon him) disposal some date-palms growing on his land until the lands of Quraiza and Nadir were conquered. Then he began to return to him whatever he had received. (In this connection) my people told me to approach the Messenger of Allah (may peace be upon him) and ask from him what his people had given him or a portion thereof, but the Messenger of Allah (may peace be upon him) had bestowed those trees upon Umm Aiman. So I came to the Prophet (may peace be upon him) and he gave hem (back) to me. Umm Aiman (also) came (at this time). She put the cloth round my neck and said: No, by Allah, we will not give to, you what he has granted to me. The Holy Prophet (may peace be upon him) said: Umm Aiman, let him have them and for you are such and such trees instead. But she said: By Allah, there is no god besides Him. No, never! The Holy Prophet (may peace be upon him) continued saying: (You will get) such and such. until he had granted her ten times or nearly ten times more (than the original gift).
Chapter 24: JUSTIFICATION FOR TAKING FOOD IN THE LAND OF THE ENEMY
It has been narrated on the authority of Abdullah b. Mughaffal who said I found a bag containing fat on the day of the Battle of Khaibar. I caught hold of it and said: I will not give anything today from it to anybody. Then I turned round and saw that the Messenger of Allah (may peace be upon him) was smiling (at my words).
This tradition has been transmitted by a different chain of narrators with a different wording, the last in the chain being the same narrator, (i. e. ‘Abdullah b. Mughaffal), who said: A bag containing food and fat was thrown to us. I lept forward to catch it. Then I turned round and saw (to my surprise) the Messenger of Allah (may peace be upon him) and I felt ashamed of my act in his presence.
This hadith has been transmitted on the authority of Shu’ba with a slight variation of words.
Chapter 25: THE HOLY PROPHET’S (MAY PEACE BE UPON HIM) LETTER TO HIRAQL (CEASAR) INVITING HIM TO ISLAM
It has been narrated on the authority of Ibn Abbas who learnt the tradition personally from Abu Safyan. The latter said: I went out (on a mercantile venture) during the period (of truce) between me and the Messenger of Allah (may peace be upon him). While I was in Syria, the letter of the Messenger of Allah (may peace be upon him) was handed over to Hiraql (Ceasar), the Emperor of Rome (who was on a visit to Jerusalem at that time). The letter was brought by Dihya Kalbi who delivered it to the governor of Busra The governor passed it on to Hiraql, (On receiving the letter), he said: Is there anyone from the people of this man who thinks that he is a prophet. People said: Yes. So, I was called along with a few others from the Quraish. We were admitted to Hiraql and he seated usbefore him. He asked: Which of you has closer kinship with the man who thinks that he is a prophet? Abu Sufyan said: I. So they seated me in front of him and stated my companions behind me. Then, he called his interpreter and said to him: Tell them that I am going to ask this fellow (i. e. Abu Sufyan) about the man who thinks that he is a prophet. It he tells me a lie, then refute him.
Abu Sufyan told (the narrator): By God, if there was not the fear that falsehood would be imputed to me I would have lied. (Then) Hiraqi said to his interpreter: Inquire from him about his ancestry, I said: He is of good ancestry among us. He asked: Has there been a king among his ancestors? I said: No. He asked: Did you accuse him of falsehood before he proclaimed his prophethood? I said: No. He asked: Who are his follower people of high status or low status? I said: (They are) of low status. He asked: Are they increasing in number or decreasing? I said. No. they are rather increasing. He asked: Does anyone give up his religion, being dissatisfied with it, after having embraced it? I said: No. He asked: Have you been at war with him? I said: Yes. He asked: How did you fare in that war? I said: The war between us and him has been wavering like a bucket, up at one turn and down at the other (i. e. the victory has been shared between us and him by turns). Sometimes he suffered loss at our hands and sometimes we suffered loss at his (hand). He asked: Has he (ever) violated his covenant? I said: No. but we have recently concluded a peace treaty with him for a petiod and we do not know what he is going to do about it. (Abu Sufyin said on oath that he could not interpolate in this dialogue anything from himself more than these words ) He asked: Did anyone make the proclamation (Of prophethood) before him? I said: No. He (now) said to his interpreter: Tell him, I asked him about his ancestry and he had replied that he had the best ancestry. This is the case with Prophets; they are the descendants of the noblest among their people (Addressing Abu Sufyan), he continued: I asked you if there had been a king among his ancestors. You said that there had been none. If there had been a king among his ancestors, I would have said that he was a man demanding his ancestral kingdom. I asked you about his followers whether they were people of high or low status, and you said that they were of rather low status. Such are the followers of the Prophets. I asked you whether you used to accuse him of falsehood before he proclaimed his prophethood, and you said that you did not.
So I have understood that when he did not allow himself to tell a lie about the poeple, he would never go to the length of forging a falsehood about Allah. I asked you whether anyone renounced his religion being dissatisfied with it after he had embraced it, and you replied in the negative. Faith is like this when it enters the depth of the heart (it perpetuates them). I asked you whether his followers were increasing or decreasing. You said they were increasing. Faith is like this until it reaches its consummation. I asked you whether you had been at war with him, and you replied that you had been and that the victory between you and him had been shared by turns, sometimes he suffering loss at your hand and sometimes you suffering lost at his. This is how the Prophets are tried before the final victory its theirs. I asked you whether he (ever) violated his covenant, and you said that he did not. This is how the Prophets behave. They never violate (their covenants). I asked you whether anyone before him had proclaimed the same thing, and you replied in the negative. I said: If anyone had made the same proclamation before, I would have thought that he was a man following what had been proclaimed before. (Then) he asked: What does he enjoin upon you? I said: He exhorts us to offer Salat, to pay Zakat, to show due regard to kinship and to practise chastity. He said: It what you have told about him is true, he is certainly a Prophet. I knew that he was to appear but I did not think that he would be from among you. If I knew that I would be able to reach him. I would love to meet him; and it I had been with him. I would have washed his feet (out of reverence). His dominion would certainly extend to this place which is under my feet. Then he called for the letter of the Messenger of Allah (may pface be upon him) and read it. The letter ran as follows:” In the name of Allah, Most Gracious and Most Merciful. From Muhammad, the Messenger of Allah, to Hiraql, the Emperor of the Romans. Peace be upon him who follows the guidance. After this, I extend to you the invitation to accept Islam. Embrace Islam and you will be safe. Accept Islam, God will give you double the reward. And if you turn away, upon you will be the sin of your subjects.” O People of the Book, come to the word that is common between us that we should worship none other than Allah, should not ascribe any partner to Him and some of us should not take their fellows as Lords other than Allah. If they turn away, you should say that we testify to our being Muslims [iii. 64].”
When he hid finished the reading of the letter, noise and confused clamour was raise around him, and he ordered us to leave. Accordingly, we left. (Addressing my companions) while we were coming out (of the place). I said: Ibn Abu Kabsha (referring sarcastically to the Holy Prophet) has come to wield a great power. Lo! (even) the king of the Romans is afraid of him. I continued to believe that the authority of the Messenger of Allah (may peace be upon him) would triumph until God imbued me with (the spirit of) Islam.
This hadith has been narrated on the authority of Ibn Shihab with the same chain of transmitters but with the addition:” When Allah inflicted defeat on the armies of Persia, Caesar moved from Hims to Aelia (Bait al-Maqdis) for thanking Allah as He granted him victory.” In this hadith these words occur:” From Muhammad, servant of Allah and His Messenger,” and said:” The sin of your followers,” and also said the words:” to the call of Islam”.
Chapter 26: LETTERS OF THE HOLY PROPHET (MAY PEACE BE UPON HIM) TO THE KINGS OF DISBELIEVERS INVITING THEM TO ALLAH, THE EXALTED AND GLORIOUS
It has been narrated on the authority of Anas that the Prophet of Allah (may peace be upon him) wrote to Chosroes (King of Persia), Caesar (Emperor of Rome), Negus (King of Abyssinia) and every (other) despot inviting them to Allah, the Exalted. And this Negus was not the one for whom the Messenger of Allah (may peace be upon him) had said the funeral prayers.
The tradition has been narrated on the authority of Anas b. Malik (the same narrator) through a different chain of transmitters, but this version does not mention:” And he was not the Negus for whom the Prophet (may peace be upon him) had said the funeral prayers.”
It has been narrated on the authority of the same narrator through another chain of transmitters with the same difference in the wording.
Chapter 27: THE BATTLE OF HUNAIN
It has been narrated on the authority of ‘Abbas who said: I was in the company of the Messenger of Allah (may peace be upon him) on the Day of Hunain. I and Abd Sufyan b. Harith b. ‘Abd al-Muttalib stuck to the Messenaer of Allah (may peace be upon him) and we did not separate from him. And the Messenger of Allah (may place be upon him) was riding on his white mule which had been presented to him by Farwa b. Nufitha al-Judhami. When the Muslims had an encounter with the disbelievers, the Muslims fled, falling back, but the Messenger of Allah (may peace be upon him) began to spur his mule towards the disbelievers. I was holding the bridle of the mule of the Messenger of Allah (may peace be upon him) checking it from going very fast, and Abu Sufyan was holding the stirrup of the (mule of the) Messenger of Allah (may peace be upon him), who said: Abbas, call out to the people of al-Samura. Abbas (who was a man with a loud voice) called out at the top of the voice: Where are the people of Samura? (Abbas said: ) And by God, when they heard my voice, they came back (to us) as cows come back to their calves, and said: We are present, we are present! ‘Abbas said: They began to fight the infidels. Then there was a call to The Ansar. Those (who called out to them) shouted: O ye party of the Ansar! O party of the Ansar! Banu al-Harith b. al-Khazraj were the last to be called. Those (who called out to them) shouted: O Banu Al-Harith b. al-Khazraj! O BanU Harith b. al-Khazraj! And the Messenger of Allah (may peace be upon him) who was riding on his mule looked at their fight with his neck stretched forward and he said: This is the time when the fight is raging hot. Then the Messenger of Allah (may peace be upon him) took (some) pebbles and threw them in the face of the infidels. Then he said: By the Lord of Muhammad, the infidels are defeated. ‘Abbas said: I went round and saw that the battle was in the same condition in which I had seen it. By Allah, it remained in the same condition until he threw the pebbles. I continued to watch until I found that their force had been spent out and they began to retreat.
A version of the tradition has been transmitted through another chain of narrators. In this version the words uttered by the Holy Prophet (may peace be upon him) (after he had thrown the pebbles in the face of the enemy) are reported as:” By the Lord of the Ka’ba, they have been defeated.” And there is at the end the addition of the words:” Until Allah defeated them” (and I imagine) as if I saw the Prophet of Allah (may peace be upon him) chasing them on his mule.
‘Abbas reported: I was with Allah’s Apostle (may peace be upon him) on the Day of Hunain. The rest of the hadith is the same but with this variation that the hadith transmitted by Yonus and Ma’mar is more detailed and complete.
It has been narratedon the authority of Abu Ishaq who said: A man asked Bara’ (b. ‘Azib): Did you run away on the Day of Hunain. O, Abu Umira? He said: No, by Allah, The Messenger of Allah (may peace be upon him) did not turn his back; (what actually happened was that) some young men from among his companions, who were hasty and who were either without any arms or did not have abundant arms, advanced and met a party of archers (who were so good shots) that their arrows never missed the mark. This party (of archers) belonged to Banu Hawazin and Banu Nadir. They shot at the advancing young men and their arrows were not likely to miss their targets. So these young men turned to the Messenger of Allah (may peace be upon him) while he was riding on his white mule and Abu Sufyan b. al-Harith b. ‘Abd al-Muttalib was leading him. (At this) he got down from his mule, invoked God’s help, and called out: I am the Prophet. This is no untruth. I am the son of ‘Abd al-Muttalib. Then he deplnved his men into battle array.
It has been narrated (through a different chain of transmitters) by Abu Ishiq that a person said to Bara’ (b. ‘Azib): Abu Umara, did you flee on the Day of Hunain? He replied: The Messenger of Allah (may peace be upon him) did not retreat. (What actually happened was that some hasty young men who were either inadequately armed or were unarmed met a group of men from Banu Hawazin and Banu Nadir who happened to be (excellent) archers. The latter shot at them a volley of arrows that did not miss. The people turned to the Messenger of Allah (may peace be upon him). Abu Sufyan b. Harith was leading his mule. So he got down, prayed and invoked God’s help. He said: I am the Prophet. This is no untruth. I am the son of Abd al-Muttalib. O God, descend Thy help. Bara’ continued: When the battle grew fierce. we, by God. would seek protection by his side, and the bravest among us was he who confronted the onslaught and it was the Holy Prophet (may peace be upon him).
It has been narrated through a still different chain of transmitters by the same narrator (i. e. Abu Ishaq) who said: I heard from Bara’ who was asked by a man from the Qais tribe: Did you run away from the Messenger of Allah (may peace be upon him) on the Day of Hunain? Bara’ said: But the Messenger of Allah (may peace be upon him) did not run away. On that day Banu Hawzzin took part in the battle as archers (on the side of the disbelievers). When we attacked them, they retreated and we fell upon the booty; (they rallied) and advanced towards us with arrows. (At that time) I saw the Messenger of Allah (may peace be upon him) riding on his white mule and Abu Sufyan b. al-Harith was holding its bridle. He (the Messenger of Allah was saying: I am the Prophet. This is no untruth. I am a descendant of ‘Abd al-Muttalib.
This hadith has been narrated on the authority of Bara’ with another chain of transmitters, but this hadith is short as compared with other ahadith which are more detailed.
This tradition has been narrated on the authority of Salama who said: We fought by the side of the Messenger of Allah (may peace be upon him) at Hunain. When we encountered the enemy, I advanced and ascended a hillock. A man from the enemy side turned towards me and I shot him with an arrow. He (ducked and) hid himself from me. I could not understand what he did, but (all of a sudden) I saw that a group of people appeared from the other hillock. They and the Companions of the Prophet (may peace be upon him) met in combat, but the Companions of the Prophet turned back and I too turned back defeated. I had two mantles, one of which I was wrapping round the waist (covering the lower part of my body) and the other I was putting around my shoulders. My waist-wrapper got loose and I held the two mantles together. (In this downcast condition) I passed by the Messenger of Allah (may peace be upon him) who was riding on his white mule. He said: The son of Akwa’ finds himself to be utterly perplexed. Wher. the Companions gathered round him from all sides. the Messenger of Allah (may peace be upon him) got down from his mule. picked up a handful of dust from the ground, threw it into their (enemy) faces and said: May these faces be deformed 1 There was no one among the enemy whose eyes were not filled with the dust from this handful. So they turned back fleeing. and Allah the Exalted and Glorious defeated them, and the Messenger of Allah (may peace be upon him) distributed their booty among the Muslims.
Chapter 28: THE BATTLE OF TA’IF
It has been narrated on the authority of Ibn ‘Amr who said: The Messenger of Allah (may peace be upon him) besieged the people of Ta’if, but did get victory over them. He said: God willing, we shall return. His Companions said: Shall we depart without having conquered it? The Messenger of Allah (may peace be upon him) said: (All right) make a raid in the morning. They did so. and were wounded (with the arrows showered upon them). So the Messenger of Allah (may peace be upon him) said: We shall depart tomorrow. (The narrator says): (Now) this (announcement) pleased them, and the Messenger of Allah (may peace be upon him) laughed at (their waywardness).
Chapter 29: THE BATTLE OF BADR
It has been narrated on the authority of Anas that when (the news of) the advance of Abu Sufyan (at the head of a force) reached him. the Messenger of Allah (may peace be upon him) held consultations with his Companions. The narrator said: Abu Bakr spoke (expressing his own views), but he (the Holy Prophet) did not pay heed to him. Then spoke ‘Umar (expressing his views), but he (the Holy Prophet) did not pay heed to him (too). Then Sa’d b. ‘Ubada stood up and said: Messenger of Allah, you want us (to speak). By God in Whose control is my life, if you order us to plunge our horses into the sea, we would do so. If you order us to goad our horses to the most distant place like Bark al-Ghimad, we would do so. The narrator said: Now the Messenger of Allah (may peace be upon him) called upon the people (for the encounter). So they set out and encamped at Badr. (Soon) the water-carriers of the Quraish arrived. Among them was a black slave belonging to Banu al-Hajjaj. The Companions of the Messenger of Allah (may peace be upon him) caught him and interrogated him about Abu Sufyan and his companions. He said: I know nothing about Abu Sufyan, but Abu Jahl, Utba, Shaiba and Umayya b. Khalaf are there. When he said this, they beat him. Then he said: All right, I will tell you about Abu Sufyan. They would stop beating him and then ask him (again) about Abu Sufyan. He would again say’, I know nothing about Abu Sufyan, but Abu Jahl. ‘Utba, Shaiba and Umayya b. Khalaf are there. When he said this, they beat him likewise. The Messenger of Allah (may peace be upon him) was standing in prayer. When he saw this he finished his prayer and said: By Allah in Whose control is my life, you beat him when he is telling you the truth, and you let him go when he tells you a lie. The narrator said: Then the Messenger of Allah (may peace be upon him) said: This is the place where so and so would be killed. He placed his hand on the earth (saying) here and here; (and) none of them fell away from the place which the Messenger of Allah (may peace be upon him) had indicated by placing his hand on the earth.
Chapter 30: THE CONQUEST OF MECCA
It has been narrated by ‘Abdullah b. Rabah from Abu Huraira, who said: Many deputations came to Mu’awiya. This was in the month of Ramadan. We would prepare food for one another. Abu Huraira was one of those who frequently invited us to his house. I said: Should I not prepare food and invite them to my place? So I ordered meals to be prepared Then I met Abu Huraira in the evening and said: (You will have) your meals with me tonight. He said: You have forestalled me. I said: Yes, and invited them. (When they had finished with the meals) Abu Huraira said: Should I not tell yon a tradition from your traditions, O ye assembly of the Ansar? He then gave an account of the Conquest of Mecca and said: The Messenger of Allah (may peace be upon him) advanced until he reached Mecca. He deputed Zubair on his right flank and Khalid on the left, and he despatched Abu Ubaida with the force that had no armour. They advanced to the interior of the valley. The Messenger of Allah (may peace be upon him) was in the midst of a large contingent of fighters. He saw me and said: Abu Huraira. I said: I am here at your call, Messenger of Allah I He said: Let no one come to me except the Ansar, so call to me the Ansar (only). Abu Huraira continued: So they gathered round him. The Quraish also gathered their ruffians and their (lowly) followers, and said: We send these forward. If they get anything, we shall be with them (to share it), and if misfortune befalls them, we shall pay (as compensation) whatever we are asked for. The Messenger of Allah (may peace be upon him) said (to the Ansar): You see the ruffians and the (lowly) followers of the Quraish. And he indicated by (striking) one of his hands over the other that they should be killed and said: Meet me at as-Safa. Then we went on (and) if any one of us wanted that a certain person should be killed, he was killed, and none could offer any resistance. Abu Huraira continued: Then came Abu Sufyan and said: Messenger of Allah, the blood of the Quraish has become very cheap. There will be no Quraish from this day on.
Then he (the Holy Prophet) said: Who enters the house of Abu Sufyan, he will be safe. Some of the Ansar whispered among themselves: (After all), love for his city and tenderness towards his relations have overpowered him. Abu Huraira said: (At this moment) revelation came to the Holy Prophet (may peace be upon him) and when he was going to receive the Revelation, we understood it, and when he was (actually) receiving it, none of us would dare raise his eyes to the Messenger of Allah (may peace be upon him) until the revelation came to an end. When the revelation came to an end, the Messenger of Allah (may peace be upon him) said: O ye Assembly of the Ansar! They said: Here we are at your disposal, Messenger of Allah. He said: You were saying that love for his city and tenderness towards his people have overpowered this man. They said: So it was. He said: No, never. I am a bondman of God and His Messenger. I migrated towards God and towards you. I will live with you and will die with you. So, they (the Ansar) turned towards him in tears and they were saying: By Allah, we said what we said because of our tenacious attachment to Allah and His Messenger. The Messenger of Allah (may peace be upon him) said: Surely, Allah and His Messenger testify to your assertions and accept your apology. The narrator continued: People turned to the house of Abu Sufyan and people locked their doors. The Messenger of Allah (may peace be upon him) proceeded until he approached the (Black) Stone. He kissed it and circumambulated the Ka’ba. He reached near an idol by the side of the Ka’ba which was worshipped by the people. The Messenger of Allah (may peace be upon him) had a bow in his hand, and he was holding it from a corner. When he came near the idol, he began to pierce its eyes with the bow and (while doing so) was saying: Truth has been established and falsehood has perished. When he had finished the circumambulation, he came to Safa’, ascended it to a height from where he could see the Ka’ba, raised his hands (in prayer) and began to praise Allah and prayed what he wanted to pray.
The tradition has been narrated by a different chain of transmitters with the following additions: (i) Then be (the Messenger of Allah) said with his hands one upon the other: Kill them (who stand in your way)…. (ii) They (the Ansar) replied: We said so, Messenger of Allah! He said: What is my name? I am but Allah’s bondman and His Messenger.
It has been narrated on the authority of Abdullah b. Rabah who said: We came to Mu’awiya b. Abu Sufyan as a deputation and Abu Huraira was among us. Each of us would prepare food for his companions turn by turn for a day. (Accordingly) when it was my turn I said: Abu Huraira, it is my turn today. So they came to my place. The food was not yet ready, so I said to Abu Huraira: I wish you could narrate to us a tradition from the Messenger of Allah (may peace be upon him) until the food was ready. (Complying with my request) Abu Huraira said: We were with the Messenger of Allah (may peace be upon him) on the day of the Conquest of Mecca. He appointed Khalid b. Walid as commander of the right flank, Zubair as commander of the left flank, and Abu ‘Ubaida as commander of the foot-soldiers (who were to advance) to the interior of the valley. He (then) said: Abu Huraira, call the Ansar to me. So I called out to them and they came hurriedly. He said: O ye Assembly of the Ansaar, do you see the ruffians of the Quraish? They said: Yes. He said: See, when you meet them tomorrow, wipe them out. He hinted at this with his hand, placing his right hand on his left and said: You will meet us at as-Safa’. (Abu Huraira continued): Whoever was seen by them that day was put to death. The Messenger of Allah (may peace be upon him) ascended the mount of as-Safa’. The Ansar also came there and surrounded the mount. Then came Abu Sufyan and said: Messenger ot Allah, the Quraish have perished. No member of the Quraish tribe will survive this day. The Messenger of Allah (may peace be upon him) said: Who enters the house of Abu Safyin will be safe, who lays down arms will be safe, who locks his door will be safe. (some of) the Ansar said: (After all) the man has been swayed by tenderness towards his family and love for his city. At this, Divine inspiration descended upon the Messenger of Allah (may peace be upon him). He said: You were saying that the man has been swayed by tenderness towards his family and love for his city. Do you know what my name is? I am Muhammad, the bondman of God and His Messenger. (He repeated this thrice.) I left my native place for the take of Allah and joined you. So I will live with you and die with you. Now the Ansar said: By God, we said (that) only out of our greed for Allah and His Messenger. He said: Allah and His Apostle testify to you and accept your apology.
Chapter 31: REMOVAL OF THE IDOLS FROM THE VICINITY OF THE KA’BA
It has been narrated by Ibn Abdullah who said: The Holy Prophet (may peace be upon him) entered Mecca. There were three hundred and sixty idols around the Ka’ba. He began to thrust them with the stick that was in his hand saying:” Truth has come and falsehood has vanished. Lo! falsehood was destined to vanish” (xvii. 8). Truth has arrived, and falsehood can neither create anything from the beginning nor can It restore to life
This tradition has been narrated by Ibn Abu Najah through a different chain of transmitters up to the word: Zahaqa, (This version) does not contain the second verse and substitutes Sanam for Nusub (both the words mean” idol” or” image” that is worshipped).
Chapter 32: NO QURAISHITE WILL BE KILLED BOUND HAND AND FOOT AFTER THE CONQUEST OF MECCA
It has been narrated on the authority of Abdullah b. Muti’ who heard from his father and said: I heard the Holy Prophet (may peace be upon him) say on the day of the Conquest of Mecca: No Quraishite will be killed hound hand and foot from this day until the Day of judgment.
The same tradition has been narrated on the authority of Zakriyya through the same chain of transmitters with the following addition:” No rebellious Quraishite with al-Asi as his name embraced Islam that day except Muti. His name-was al-Asi, but the Messenger of Allah (way peace be upon him) changed his name to Muti.
Chapter 33: THE TREATY OF HUDAIBIYA
It has been narrated on the authority of al-Bara’ b. ‘Azib who said: ‘Ali b. Abu Talib penned the treaty between the Holy Prophet (may peace be upon him) and the polytheists on the Day of Hudaibiya. He wrote: This is what Muhammad, the Messenger of Allah, has settled. They (the polytheists) said: Do not write words” the Messenger of Allah”. If we knew that you were the Messenger of Allah, we would not fight against you. The Prophet (may peace be upon him) said to ‘Ali: Strike out these words. He (Ali) said: I am not going to strike them out. So the Prophet (may peace be upon him) struck them out with his own hand. The narrator said that the conditions upon which the two sides had agreed included that the Muslims would enter Mecca (next year) and would stay there for three days, and that they would not enter bearing arms except in their sheaths or bolsters.
It has been narrated on the authority of Abu Ishaq, who heard Bars’ b. Azib say: When the Messenger of Allah (may peace be upon him) made peace with the people of Hudaibiya, ‘Ali drew up the agreement between them, and so he wrote: Muhammad, the Messenger of Allah. (This is followed by the same wording as we have in the previous tradition except the omission of the words: This is what he has settled.)
It has been narrated on the authority of Bara’ who said: When the Prophet (may peace be upon him) was checked from going to the Ka’ba, the people of Mecca made peace with him’on the condition that he would (be allowed to) enter Mecca (next year) and stay there for three days, that he would not enter (the city) except with swords in their sheaths and arms encased in their covers, that he would not take eway with him anyone from its dwellers, nor would he prevent anyone from those with him to stay on in Mecca (if he so desired). He said to ‘Ali: Write down the terms settled between us. (So ‘Ali wrote): In the name of Allah, most Gracious and most Merciful. This is what Muhammad, the Messenger of Allah, has settled (with the Meccans), The polytheists said to him: If we knew that thou art the Messenger of of Allah, we would follow you. But write: Muhammad b. ‘Abdullah. So he told ‘Ali to strike out these words. ‘Ali said: No, by Allah, I will not strike them out. The Messenger of Allah (may Peace be upon him) said: Show me their place (on the parchment). So he (‘Ali) showed him their place and he (the Holy Prophet) struck them out; and ‘Ali wrote: Ibn ‘Abdullah. (According to the terms of the treaty, next year) the Holy Prophet (may peace be upon him) stayed there for three days When it was the third day, they said to ‘Ali: This is the last day according to the terms of your companion. So tell him to leave. ‘Ali informed the Prophet (may peace be upon him) accordingly. He said: Yes, and left (the city). Ibn Janab in his version of the tradition used:” we would swear allegiance to you” instead of” we would follow you”.
It has been narrated on the authority of Anas that the Quraish made peace with the Prophet (may peace be upon him). Among them was Suhail b. Amr. The Prophet (may peace be upon him) said to ‘Ali: Write” In the name of Allah, most Gracious and most Merciful.” Suhail said: As for” Bismillah,” we do not know what is meant by” Bismillah-ir-Rahman-ir-Rahim” (In the name of Allah most Gracious and most Merciful). But write what we understand, i. e. Bi ismika allahumma (in thy name. O Allah). Then, the Prophet (may peace be upon him) said: Write:” From Muhammad, the Messenger of Allah.” They said: If we knew that thou welt the Messenger of Allah, we would follow you. Therefore, write your name and the name of your father. So the Holy Prophet (may peace be upon him) said: Write” From Muhammad b. ‘Abdullah.” They laid the condition on the Prophet (may peace be upon him) that anyone who joined them from the Muslims, the Meccans would not return him, and anyone who joined you (the Muslims) from them, you would send him back to them. The Companions said: Messenger of Allah, should we write this? He said: Yes. One who goes away from us to join them-may Allah keep him away! and one who comes to join us from them (and is sent back) Allah will provide him relief and a way of escape.
It has been narrated on the authority of Abu Wa’il who said: Sahal b. Hunaif stood up on the Day of Siffin and said: O ye people, blame yourselves (for want of discretion) ; we were with the Messenger of Allah (may peace be upon him) on the Day of Hudaibiya. If we had thought it fit to fight, we could fight. This was in the truce between the Messenger of Allah (may peace be upon him) and the polytheists. Umar b. Khattab came, approached the Messenger of Allah (may peace be upon him) and said: Messenger of Allah, aren’t we fighting for truth and they for falsehood? He replied: By all means. He asked: Are not those killed from our side in Paradise and those killed. from their side in the Fire? He replied: Yes. He said: Then why should we put a blot upon our religion and return, while Allah has not decided the issue between them and ourselves? He said: Son of Khattab, I am the Messenger of Allah. Allah will never ruin me. (The narrator said): Umar went away, but he could not contain himself with rage. So he approached Abu Bakr and said: ‘Abu Bakr, aren’t we fighting for truth and they for falsehood? He replied: Yes. He asked: Aren’t those killed from our side in Paradise and those killed from their side in the Fire? He replied: Why not? He (then) said: Why should we then disgrace our religion and return while God has not yet decided the issue between them and ourselves? Abu Bakr said: Son of Khattab, verily, he is the Messenger of Allah, and Allah will never ruin him. (The narrator continued): At this (a Sura of) the Qur’an (giving glad tidings of the victory) was revealed to the Messenger of Allah (may peace be upon him). He sent for Umar and made him read it. He asked: Is (this truce) a victory? He (the Messenger of Allah) replied: Yes. At this Umar was pleased, and returned.
It has been narrated on the authority of Shaqiq who said: I heard Sahl b. Hunaif say at Siffin: O ye people, find fault with your (own) discretion. By Allah, on the Day of Abu Jandal (i. e. the day of Hudaibiya), I thought to myself that, if I could, I would reverse the order of the Messenger of Allah (may peace be upon him) (the terms of the truce being unpalatable). By Allah, we have never hung our swords on our shoulders in any situation whatsoever except when they made easy for us to realise the goal envisaged by us, but this battle of yours (seems to be an exception). Ibn Numair (in his version) did not mention the words:” In any situatina whatsoever”
The same tradition has been narrated through a different chain of transmitters on the authority of A’mash. This version contains the words: Ila amrin yofzi’una instead of Ila amrin na’rifuhu.
It has been narrated through a different chain of transmitters on the authority of Abu Wa’il who said: I heard Sahl b. Hunaif say at Siffin: Blame (the hollowness) of your views about your religion. I thought to myself on the day of Abu Jandal that if I could turn down the order of the Messenger of Allah (may peace be upon him), I would. The situation was so difficult that if we mended it at one place, it was rent at another.
It has been narrated on the authority of Anas b. Malik who said: When they (Companions of the Holy Prophet) were overwhelmed with grief and distress on his return from Hudaibiya where he had slaughtered his sacrificial beasts (not being allowed to proceed to Mecca), the Qur’anic verse: Inna fatahna… laka fathan mobinan to fauzan ‘aziman, was revealed to him. (At this) he said: On me has descended a verse that is dearer to me than the whole world.
This tradition has been narrated through a different chain of transmitters.
Chapter 34: KEEPING A COVENANT
It has been reported on the authority of Hudbaifa b. al-Yaman who said: Nothing prevented me from being present at! he Battle of Badr except this incident. I came out with my father Husail (to participate in the Battle), but we were caught by the disbelievers of Quraish. They said: (Do) you intend to go to Muhammad? We said: We do not intend to go to him, but we wish to go (back) to Medina. So they took from us a covenant in the name of God that we would turn back to Medina and would not fight on the side of Muhammad (may peace be upon him). So, we came to the Messenger of Allah (may peace be upon him) and related the incident to him. He said: Both, of you proceed (to Medina) ; we will fulfil the covenant made with them and seek God’s help against them.
Chapter 35: THE BATTLE OF AHZAB OR THE BATTLE OF THE DITCH
It has been narrated by Ibrahim al-Taimi on the authority of his father who said: We were sitting in the company of Hudhaifa. A man said: If I were in the time of the Messenger of Allah (may peace be upon him), I would have fought by his side and would have striven hard for his causes. Hudhaifa said: You might have done that, (but you should not make a flourish of your enthusiasm). I was with the Messenger of Allah (may peace be upon him) on the night of the Battle of Abzib and we were gripped by a violent wind and severe cold. The Messenger of Allah (may peace be him) said: Hark, the man who (goes reconnoitring and) brings me the news of the enemy shall be ranked with me on the Day of Judgment by Allah (the Glorious and Exalted). We all kept quiet and none of us responed to him. (Again) he said: Hark, a man who (goes reconnoitring and) brings me the news of the enemy shall be ranked with me on the Day of Judgment by Allah (the Glorious and Exalted). We kept quiet and none of us responded to him. He again said: Hark, a man who (goes reconnoitring and) brings me the news of the enemy shall be ranked with me on the Day of Judgtuent by Allah (the Glorious and Exalted) Then he said: Get up Hudhaifa, bring me the news of the enemy. When he called me by name I had no alternative but to get up. He said: Go and bring me information about the enemy, and do nothing that may provoke them against me. When I left him, I felt warm as if I were walking in a heated bath untill I reached them. I saw Abu Sufyan warming his back against fire I put an arrow in the middle of the bow. intending to shoot at him, when I recalled the words of the Messenger of Allah (may peace be upon him)” Do not provoke them against me.” Had I shot at him, I would have hit him. But I returned and (felt warm as if) I were walking in a heated bath (hammam). Presenting myself before him, I gave him information about the enemy. When I had done so, I began to feel cold, so the Messenger of Allah (may peace be upon him) wrapped me in a blanket that he had in excess to his own requirement and with which he used to cover himself while saying his prayers. So I continued to sleep until it was morning. When it was morning he said: Get up, O heavy sleeper.
Chapter 36: THE BATTLE OF UHUD
It has been reported on the authority of Anas b. Malik that (when the enemy got the upper hand) on the day of the Battle of Uhud, the Messenger of Allah (may peace be upon him) was left with only seven men from the ansar and two men from the Quraish. When the enemy advanced towards him and overwhelmed him, he said: Whoso turns them away from us will attain Paradise or will be my Companion in Paradise. A man from the Ansar came forward and fought (the enemy) until he was killed. The enemy advanced and overwhelmed him again and he repeated the words: Whoso turns them away, from us will attain Paradise or will be my Companion in Paradise. A man from the Arsar came forward and fought until he was killed. This state continued until the seven Ansar were killed (one after the other). Now, the Messenger of Allah (may peace be upon him) said to his two Companions: We have not done justice to our Companions.
It has been narrated on the authority of Abd-ul-’Aziz b. Abu Hazim, who learnt from his father (Abu Hazim). The latter heard it from Sahl b. Sa’d who was asked about the injury which the Messenger of Allah (may peace be upon him) got on the day of the Battle of Uhud. He said: The face of the Messenger of Allah (may peace be upon him) was injured, his front teeth were damaged and his helmet was crushed. Fatima, the daughter of the Messenger of Allah (may peace be upon him), was washing the blood (from his head), and ‘Ali b. Abu Talib was pouring water on it from a shield. When Fatima saw that the bleeding had increased on account of (pouring) water (on the wound), she took a piece of mat and burnt it until it was reduced to ashes. She put the ashes on the wound and the bleeding stopped.
It has been reported on the authority of Abu Hazim who heard from Sahl b. Sa’d. The latter was asked about the injury of the Messenger of Allah (may peace be upon him). He said: By God, I know the person who washed the wound of the Messenger of Allah (may peace be upon him), who poured water on it and with what the wound was treated. Then Sahl narrated the same tradition as has been narrated by ‘Abd al-’Azlz except that he added the words:” And his face was injured” and replaced the word” Hushimat” by” Kusirat” (i. e. it was broken).
The same tradition has been narrated on the authority of Sahl b. Sa’d through a different chain of transmitters with a slight difference in the wording.
It has been narrated on the authority of Anas that the Messenger of Allah (may peace be upon him) had his front teeth damaged on the day of the Battle of Uhud, and got a wound on his head. He was wiping the blood (from his face) and was saying: How will these people attain salvation who have wounded their Prophet and broken his tooth while he called them towards God? At this time, God, the Exalted and Glorious, revealed the Verse:” Thou hast no authority” (iii. 127).
It has been narrated on the authority of ‘Abdullah who said: It appeared to me as if I saw the Messenger of Allah (may peace be upon him) (and heard him) relate the story of a Prophet who had been beaten by his people, was wiping the blood from his face and was saying. My Lord, forgive my people, for they do not know.
A version of the tradition with a slightly different wording has been narrated by another chain of transmitters.
Chapter 37: WRATH OF ALLAH UPON A PERSON WHO IS KILLED BY THE PROPHET HIMSELF (MAY PEACE BE UPON HIM)
It has been narrated by Hammam b. Munabbih who said: This is what has been related to us by Abu Huraira from the Messenger of Allah (may peace be upon him). (With this introduction) he narrated a number of traditions. One of these was that the Messenger of Allah (may peace be upon him) said: Great is the wrath of Allah upon a people who have done this to the Messenger of Allah (may peace be upon him), and he was at that time pointing to his front teeth. The Messenger of Allah (may peace be upon him) also said: Great is the wrath of Allah upon a person who has been killed by the Messenger of Allah (may peace be upon him) in the way of Allah, the Exalted and Glorious.
Chapter 38: THE PERSECUTION OF THE HOLY PROPHET (MAY PEACE BE UPON HIM) AT THE HANDS OF THE INFIDELS AND HYPOCRITES
It has been narrated on the authority of Ibn Mas’ud who said: While the Messenger of Allah (may peace be upon him) was saying his prayer near the Ka’ba and Abu Jahl with his companions was sitting (near by), Abu Jahl said, referring to the she-camel that had been slaughtered the previous day: Who will rise to fetch the foetus of the she-camel of so and so, and place it between the shoulders of Muhammad when he goes down in prostration (a posture in prayer). The one most accursed among the people got up, brought the foetus and, when the Prophet (may peace be upon him) went down in prostration, placed it between his shoulders. Then they laughed at him and some of them leaned upon the others with laughter. And I stood looking. If I had the power, I would have thrown it away from the back of the Messenger of Allah (may peace be upon him). The Prophet (may peace be upon him) had bent down his head in prostration and did not raise it, until a man went (to his house) and informed (his daughter) Fatima, who was a young girl (at that time) (about this ugly incident). She came and removed (the filthy thing) from him. Then she turned towards them rebuking them (the mischief-mongers). When the Prophet (may peace be upon him) had finished his prayer, he invoked God’s imprecations upon them in a loud voice. When he prayed, he prayed thrice, and when he asked for God’s blessings, he asked thrice. Then he said thrice: O Allah, it is for Thee to deal with the Quraish. When they heard his voice, laughter vanished from them and they feared his malediction. Then he said: O God, it is for Thee to deal with Abu Jahl b. Hisham, ‘Utba b. Rabi’a, Shaiba b. Rabi’a. Walid b. Uqba, Umayya b. Khalaf, Uqba b. Abu Mu’ait (and he mentioned the name of the seventh person. which I did not remember). By One Who sent Muhammad with truth, I saw (all) those he had named lying slain on the Day of Badr. Their dead bodies were dragged to be thrown into a pit near the battlefield.
Abu Ishiq had said that the name of Walid b. ‘Uqba has been wrongly mentioned in this tradition.
It has been narrated by Abdullah (b. Mas’ud) who said: When the Messenger of Allah (may peace be upon him) was lying postrate in prayer and around him were some people from the Quraish, ‘Uqba b. Abu Mu’ait brought the foetus of a she-camel and threw it on the back of the Messenger of Allah (may peace be upon him). He did not raise his head until Fatima arrived, removed it from his back and cured him who had done that (ugly act). He said: O Allah, it is for Thee to deal with the chiefs of the Quraish. Abu Jahl b. Hisham, ‘Utba b. Rabi’a. Uqba b. Abu Mu’ait, Shaiba b. Rabi’a, Umayya b. Khalaf or Ubayy b. Khalaf (Shu’ba, one of the narrator of this tradition is in doubt about the exact person). I saw that all were slain in the Battle of Badr and their dead bodies were thrown into a well, except that of Umayya or Ubayy which was cut into pieces and was thrown into the well.
Abu Ishiq has narrated a similar tradition through a different chain of transmitters and has added: He (the Messenger of Allah) loved to repeat the supplication thrice. He was saying: O Allah, it is for Thee to deal with the Quraish (repeating these words thrice). And among the Quraish, he mentioned (the names of) al-Walid b. ‘Utba and Umayya b. Khalaf. (The narrator says there is no doubt about the names of these persons but he has forgotten the name of the seventh man).
It has been narrated on the authority of ‘Abdullah that, the Messenger of Allah (may peace be upon him) turned his face towards the Ka’ba and invoked God’s imprecations upon six men of the Quraish, amorig whom were Abu Jahl. Umayya b. Khalaf, Utba b. Rabi’a, Shaiba b. Rabi’a and ‘Uqba b. Abu Mu’ait I swear by God that I saw them lying slain in the battlefield of Badr. It being a hot day, their complexion had changed (showing signs of decay).
It has been narrated on the authority of ‘A’isha, the wife of the Prophet (may peace be upon him), who said to the Messenger of Allah (may peace he upon him): Messenger of Allah, has there come upon you a day more terrible than the day of Ubud. He said: I have experienced from thy people and the hardest treatment I met from them was what I received from them on the day of ‘Aqaba. I betook myself to Ibn Abd Yalil b. Abd Kulal with the purpose of inviting him to Islam, but he did not respond to me as I desired. So I departed with signs of (deep) distress on my face. I did not recover until I reached Qarn al-Tha’alib. Where I raised my head, lo! near me was a cloud which had cast its shadow on me. I looked and lo! there was in it the angel Jibril who called out to me and said.: God. the Honoured and Glorious, has heard what thy people have said to thee, and how they have reacted to thy call. And He has sent to thee the angel in charge of the mountains so that thou mayest order him what thou wishest (him to do) with, regard to them. The angel in charge of the mountains (then) called out to me, greeted me and said: Muhammad, God has listened to what thy people have said to thee. I am the angel in charge of the mountains. and thy Lord has sent me to thee so that thou mayest order me what thou wishest. If thou wishest that I should bring together the two mountains that stand opposite to each other at the extremities of Mecca to crush them in between, (I would do that). But the Messenger of Allah (may peace he upon him) said to him: I rather hope that God will produce from their descendants such persons as will worship Allah, the One, and will not ascribe partners to Him.
It has been narrated on the authority of Jundub b. Sufyan who said: A finger of the Messenger of Allah (may peace be upon him) was wounded in one of the encounters He said: Thou art just a little finger which has bled, and what thou hast experienced is in the cause of Allah.
It has been narrated on the authority of Aswad b. Qais who said: The Messenger of Allah (may peace be upon him) was in a cave (or raid) when his finger was hurt.
It has been narrated on the authority of Aswad b. Qais who heard Jundub saying that Gabriel delayed his visit to the Messenger of Allah (may peace be upon him) The polytheists began to say that Muhammad has been forsaken. At this Allah, the Glorious and Exalted, revealed:” Wa’dd hd wa’l-laili iza saja, ma wadda’ka Rabbuka wa’ ma qala” [By the glorious morning light, and by the night when it is still: thy Lord has not forsaken thee, nor is He displeased].
It has been narrated on the authority of Aswad b. Qais who said: I heard Jundub b. Sufyan say: The Messenger of Allah (may peace be upon him) fell ill and did not wake up for two or three nights (for prayers) A woman came to him and said: Muhammad, I hope that your satan has left you. I haven’t seen him approach you for two or three nights. The narrator says: At this, Allah, the Glorious and Exalted, revealed:” By the Glorious……”
This hadith has been narrated on the authority of Aswad b. Qais with the same chain of transmitters.
Chapter 39: ABOUT TAE HOLY PROPHET’S (MAY PEACE BE UPON HIM) CALLING FOR ALLAH’S HELP AND HIS PATIENCE OVER THE PERSECUTION OF THE HYPOCRITES
It has been narrated on the authority of Usama b. Zaid that the Prophet (may peace be upon him) rode a donkey. It had on it a saddle under which was a mattress made at Fadak (a place near Medina). Behind him he seated Usama. He was going to the street of Banu Harith al-Khazraj to inquire after the health of Sa’d b. Ubada This happened before the Battle of Badr. (He proceeded) until he passed by a mixed company of people in which were Muslims, polytheists, idol worshippers and the Jews and among them were ‘Abdullah b. Ubayy and ‘Abdullah b. Rawaha. When the dust raised by the hoofs of the animal spread over the company, ‘Abdullah b. Ubayy covered his nose with his mantle and said: Do not scatter the dust over us (Not minding this remark), the Holy Prophet (may peace be upon him) greeted them, stopped, got down from his animal, invited them to Allah, and recited to them the Qur’an. ‘Abdullah b. Ubayy said: O man, if what you say is the truth, the best thing for you would be not to bother us with it in our assemblies. Get back to your place. Whoso comes to you from us, tell him (all) this. Abdullah b. Rawaha said: Come to us in our gatherings, for we love (to hear) it. The narrator says: (At this), the Muslims, the polytheists and the Jews began to rebuke one another until they were determined to come to blows. The Holy Prophet (may peace be upon him) continued to pacify them. (When they were pacified), he rode his animal and came to Sa’d b. ‘Ubida. He said: Sa’d, haven’t you heard what Abu Hubab (meaning ‘Abdullah b. Ubayy) has said? He has said so and so. Sa’d said: Messenger of Allah, forgive and pardon. God has granted you a sublime position, (but so far as he is concerned) the people of this settlement had-decided to make him their king by making him wear a crown and a turban (in token thereof), but God has circumvented this by the truth He has granted you. This has made him jealous and his jealousy (must have) prompted the behaviour that you have witnessed. So, the Holy Prophet (may peace upon him) forgave him.
A similar tradition has been narrated through a different chain of transmitters by Ibn Shihab with the addition of the words:” Before Abdullah (b. Ubayy) became a Muslim.”
It has been narrated on the authority of Anas b. Malik that it was said to the Holy Prophet (may peace be upon him): Would that you approached Abdullah b. Ubayy (to persuade him to accept Islam). The Holy Prophet (may peace be upon him) (accordingly) went to him, riding a donkey, and (a party of) Muslims also went (with him). On the way they had to walk over a piece of land affected with salinity. When the Holy Prophet (may peace be upon him) approached him, he said: Do not come near me. By Allah, the obnoxious smell of your donkey has offended me. (As a rejoinder to this remark), a man from the Ansar said: By God, the smell of the donkey of the Messenger of Allah (may peace be upon him) is better than your smell. (At this), a man from the tribe of ‘Abdullah got furious. Then people from both sides got furious and exchanged blows with sticks, hands and shoes. (The narrator says) that (after this scuffle) we learnt that (the Qur’anic verse):” It two parties of the Believers have a quarrel, make ye peace between them” (xlix. 9) was revealed about these fighting parties.
Chapter 40: THE MURDER OF ABU JAHL
It has been narrated on the authority of Anas b. Malik that the Messenger of Allah (may peace be upon him) said (after the encounter at Badr): Who will ascertain for us what has happened to Abu Jahl? Ibn Mas’ud went (to gather this information). He found that the two sons of ‘Afra’ had struck him and he lay cold at the point of death. He caught him by his beard and said: Art thou Abu Jahl? He said: is there anybody superior to the person you have killed, or (he said) his people have killed him. Ibn Mas’ud says that, according to Abu Mijlaz, Abu Jahl said: Alas! a person other than a farmer would have killed me.
A similar tradition has been transmitted by a different chain of narrators, on the same authority with a slight difference In the wording.
Chapter 41: THE MURDER OF KA’B B. ASHRAF, (THE EVIL GENIUS) OF THE JEWS
It has been narrated on the authority of Jabir that the Messenger of Allah (may peace be upon him) said: Who will kill Ka’b b. Ashraf? He has maligned Allah, the Exalted, and His Messenger. Muhammad b. Maslama said: Messenger of Allah, do you wish that I should kill him? He said: Yes. He said: Permit me to talk (to him in the way I deem fit). He said: Talk (as you like). So, Muhammad b. Maslama came to Ka’b and talked to him, referred to the old friendship between them and said: This man (i. e. the Holy Prophet) has made up his mind to collect charity (from us) and this has put us to a great hardship. When be heard this, Ka’b said: By God, you will be put to more trouble by him. Muhammad b. Maslama said: No doubt, now we have become his followers and we do not like to forsake him until we see what turn his affairs will take. I want that you should give me a loan. He said: What will you mortgage? He said: What do you want? He said: Pledge me your women. He said: You are the most handsome of the Arabs; should we pledge our women to you? He said: Pledge me your children. He said: The son of one of us may abuse us saying that he was pledged for two wasqs of dates, but we can pledge you (cur) weapons. He said: All right. Then Muhammad b. Maslama promised that he would come to him with Harith, Abu ‘Abs b. Jabr and Abbad b. Bishr. So they came and called upon him at night. He came down to them. Sufyan says that all the narrators except ‘Amr have stated that his wife said: I hear a voice which sounds like the voice of murder. He said: It is only Muhammad b. Maslama and his foster-brother, Abu Na’ila. When a gentleman is called at night even it to be pierced with a spear, he should respond to the call. Muhammad said to his companions: As he comes down, I will extend my hands towards his head and when I hold him fast, you should do your job. So when he came down and he was holding his cloak under his arm, they said to him: We sense from you a very fine smell. He said: Yes, I have with me a mistress who is the most scented of the women of Arabia. He said: Allow me to smell (the scent on your head). He said: Yes, you may smell. So he caught it and smelt. Then he said: Allow me to do so (once again). He then held his head fast and said to his companions: Do your job. And they killed him.
Chapter 42: THE BATTLE OF KHAIBAR
It has been narrated on the authority of Anas that the Messenger of Allah (may peace be upon him) raided Khaibar. One morning we offered prayers in the darkness of early dawn (near Khaibar). Then the Messenger of Allah (may peace be upon him) mounted (his horse). Abu Talha mounted his and I mounted behind Abu Talha on the same horse. The Prophet of Allah (may peace be upon him) rode through the streets of Khaibar and (I rode so close to him) that my knee touched the thigh of the Prophet of Allah (may peace be upon him). The wrapper got aside from his thigh, and I could see its whiteness. When he entered the town, he said: God is Great. Khaibar shall face destruction. When we descend in the city-square of a people, it is a bad day for them who have been warned (and have not taken heed). He said these words thrice. The people of the town had just come out from (their houses) to go about their jobs. They said (in surprise): Muhammad has come. We captured Khaibar by force.
It has been narrated (through another chain of transmitters) on the authority of the same narrator (i. e. Anas) who said: I was riding behind Abu Talha on the day of the Battle of Khaibar (and we were riding so close to the Holy Prophet that) my foot would touch his We encountered the people at sunrise when they had come out with their axes, spades and strings driving their cattle along. They shouted (in surprise): Muhammad has come along with his force! The Messenger of Allah (may peace be upon him) said: Khaibar shall face destruction. Behold! when we descend in the city-square of a people, it is a bad day for those who have been warned (but have not taken heed). Allah, the Glorious and Majestic, inflicted defeat upon them.
This hadith has been transmitted on the authority of Anas b. Malik with a slight variation of words.
It has been narrated on the authority of Salama b. al-Akwa’ who said: We marched upon Khaibar with the Messenger of Allah (may peace be upon him). We journeyed during the night. One of the people said to (my brother) ‘Amir b. al-Akwa’: Won’t you recite to us some of your verses? Amir was a poet. So he began to chant his verses to urge the camels, reciting:
O God, if Thou hadst not guided us
We would have neither been guided rightly nor practised charity,
Nor offered prayers.
We wish to lay down our lives for Thee; so forgive Thou our lapses,
And keep us steadfast when we encounter (our enemies).
Bestow upon us peace and tranquillity.
Behold, when with a cry they called upon us to help.
The Messenger of Allah (may peace be upon him) said: Who is this driver (of the camels)? They said: It is ‘Amir. He said: God will show mercy to him. A man said: Martyrdom is reserved for him. Messenger of Allah, would that you had allowed us to benefit ourselves from his life. (The narrator says): We reached Khaibar and besieged them, and (we continued the siege) until extreme hunger afflicted us. Then the Messenger of Allah (may peace be upon him) said: Behold, God has conquered it for you. When it was evening of the day on which the city was conquered. the Muslims lit many fires. The Messenger of Allah (may peace be upon him) said: What are these fires? And what are they cooking? They said: They are cooking meat. He asked. Which meat? They said: That of domestic asses. He said: Let them throw it away and break the pots (in which it is being cooked). A man said: Or should they throw it away and wash the pots? He said: They may do that. When the people drew themselves up in battle array ‘Amir caught hold of his sword that was rather short He drove a Jew before him to strike him with it. (As he struck him), his sword recoiled and struck his own knee, and ‘Amir died of the wound. When the people returned (after the conquest of Kliaibar) and he (Salama) had caught hold of my hand, and said: The Messenger of Allah (may peace be upon him) saw that I was silent (and dejected) ; he said: What’s the matter with thee? I said to him: My father and my mother be thy ransom, people presume that ‘Amir’s sacrifice has been in vain. He asked: Who has said that? I said: So and so and Usaid b. Hudair al-Ansari. He said: Who has said that has lied. For him (for ‘Amir) there is a double reward. (He indicated this by putting two of his fingers together.) He was a devotee of God and a warrior fighting for His cause. There will be hardly any Arab who can fight as bravely as he did. Qutaiba has differed in a few words.
It has been reported on the authority of Salama b. Akwa’ who said: On the day of the Battle of Khaibar my brother fought a fierce fight by the side of the Messenger of Allah (may peace be upon him). His sword rebounded and killed him. The Companions of the Messenger of Allah (may peace be upon hill) talked about his death and doubted (whether it was martyrdom). (They said): (He is) a man killed by his own weapon, and expressed doubt about his affair. Salama said: When the Messenger of Allah (may peace be upon him) returned from Khaibar, I said: Messenger of Allah, permit me that I may recite to you some rajaz verses. The Messenger of Allah (may peace be upon him) permitted him. ‘Umar b. Khattab said: I know what you will recite. I recited:
By God, if God had guided us not,
We would hive neither been guided aright nor practised charity,
Nor offered prayers.
The Messenger of Allah (may peace be upon him) said: What you have said is true, ‘I (continued):
And descend on us peace and tranquillity
And keep us steadfast if we encounter (with our enemies)
And the polytheists have rebelled against us.
When I finished my rajaz, the Messenger of Allah (may peace be upon him) said: Who composed these verses? I said: They were composed by my brother. The Messenger of Allah (may peace be upon him) said: May God show mercy to him! I said: By God, some people are reluctant to invoke God’s mercy on him (because) they say he is a man who died by his own sword. (Hearing this) the Messenger of Allah (may peace be upon him) said: He died as God’s devotee and warrior. Ibn Shihab has said: I asked one of the sons of Salama (b. Akwa’) about (the death of ‘Amir). He related to me a similar tradition except that he said: When I said some people were reluctant invoke God’s blessings on him, the Messenger of Allah (may peace be, upon him said: They lied. (‘Amir) died as God’s devotee and warrior (in the cause of Allah). For him there is a double reward, and he pointed out this by putting his two fingers together.
Chapter 43: THE BATTLE OF AHZAB OR KHANDAQ (THE TRIBES OR THE DITCH)
It has been reported on the authority of Barra’ who said: The Messenger of Allah (may peace be upon him) was carrying the earth with us on the Day of Ahzab and the whiteness of his belly had been covered with earth. (While engaged in this toil) he was reciting:
By God, if Thou hadst not guided us
We would have neither been guided aright nor practised charity,
Nor offered prayers.
Descend on us peace and tranquillity.
Behold I these people (the Meccans) refused to follow us.
According to another version, he recited:
The chieftains (of the tribes) refused to follow us
When they contemplated mischief, we rejected it.
And with this (verse) he would raise his voice.
It has been narrated on the authority of Abu Ishaq who said: I heard from Bara’ a similar tradition except that he said:” These people (the Meccans) rebelled against us.”
It has been reported on the authority of Sahl b. Sa’d who said: The Messenger of Allah (may peace be upon him) came to us while we were digging the ditch and were carrying the earth on our shoulders. (Seeing our condition), he said:
O God, there is no life but the life of the Hereafter.
So forgive Thou the Muhajirs and the Ansar.
It has been narrated on the authority of Anas b. Malik that the Messenger of Allah (may peace be upon him) said:
O God, there is no life, but the life of the Hereafter,
So forgive Thou the Ansar and the Muhajirs.
According to another version of the tradition, reported on the authority of Anas b. Malik, the Messenger of Allah (may peace he upon him) is reported to have said:
O God, there is no life but the life of the Hereafter,
So grant honour to the Ansar and the Muhajirs.
According to still another version of the tradition narrated by the same authority, and handed down through a different chain of transmitters, it has been reported that they (the Companions of the Holy Prophet) were reciting rajaz verses and the Messenger of Allah (may peace be upon him) was (reciting) with them. And they were chanting:
O God, there is no good but the good of the Hereafter.
So help Thou the Ansar and the Muhajirs.
Shaiban substituted” So forgive Thou” for” So help Thou”.
It has been narrated (through a still difterent chain of transmitters) by Anas that the Companions of Muhammad (may peace be upon him) were chanting on the day of the Battle of the Ditch:
We are those who have sworn allegiance to Muhammad
(And made a covenant with him) to follow Islam as long as we live.
Hammad is not sure whether Anas said:” Ala’l-Islam” or,” Ala’l-Jihad”. And the Holy Prophet (may peace be upon him) was chanting:
O God, the real good is the good of the Hereafter,
So forgive Thou the Ansar and the Muhajirs.
Chapter 44: DHU QARAD AND OTHER BATTLES
It has been narrated on the authority of Yazid b. Abu ‘Ubaid who said that he heard Salama b. al-Akwa’ say: I went out before the Adhan for the morning prayer had been delivered. The milch she-camels of the Messenger of Allah (may peace be upon him) were grazing at Dhu Qarad. ‘Abd al-Rahman b. Auf’s slave met me and said: The milch she-camels of the Messenger of Allah (may peace be upon him) had been taken away. I said: Who has taken them away? He said: (the people belonging to the tribe of) Ghatafan. I cried thrice: Help! I made the whole city between the two lavas hear my cry. Then I ran straight in their pursuit until I overtook them at Dhu Qarad where they were just going to water their animals. I, being an archer, began to shoot them with my arrows and was saying: I am the son of al-Akwa’. And today is the day when the cowards will meet their doom. I continued to chant until I rescued the milch she-camels from them, and snatched from them thirty mantles. Now, the Messenger of Allah (may peace be upon him) and some other people came along. I said: Prophet of Allah, I have prevented them from water while they were thirsty. So you should send a force (to punish them). He (the Holy Prophet) said: Ibn al-Akwa’, you have taken (what, you have taken). Now let them go. Then we returned and the Messenger of Allah (may peace be upon him) made me mount behind him on his she-camel until we entered Medina.
It has been narrated on the authority of Ibn Salama. He heard the tradition from his father who said: We arrived at Hudaibiya with the Messenger of Allah (may peace be upon him) and we were fourteen hundred in number. There were fifty goats for them which could not be watered (by the small quantity of water in the local well). So, the Messenger of Allah (may peace be upon him) sat on the brink of the well. Either he prayed or spat into the well The water welled up. We drank and watered (the beasts as well). Then the Messenger of Allah (may peace be upon him) called us to take the vow of allegiance, as he was sitting at the base of a tree. I was the first man to take the vow. Then other people took the vow. When half the number of people had done so, he said to me: You take the vow, Salama. I said: I was one of those who took the vow in the first instance. He said: (You may do) again. Then the Messenger. of Allah (may peace be upon him) saw that I was without weapons. He gave me a big or a small shield. Then he continued to administer vows to the people until it was the last batch of them. He said (to me): Won’t you swear allegiance, Salama? I said: Messenger of Allah, I took the oath with the first batch of the people and then again when you were in the middle of the people. He said: (Doesn’t matter), you may (do so) again. So I took the oath of allegiance thrice. Then he said to me: Salama, where is the shield which I gave to thee? I said: Messenger of Allah, my uncle ‘Amir met me and he was without any weapons. So I gave the shield to him. The Messenger of Allah (may peace be upon him) laughed and said: You are like a person of the days gone by who said: O God. I seek a friend who is dearer to me than myself. (When all Companions had sworn allegiance to the Holy Prophet), the polytheists sent messages of peace, until people could move from our camp to that of the Meccans and vice versa. Finally, the peace treaty was concluded.
I was a dependant of Talha b. Ubaidullah. I watered his horse, rubbed its back. I served Talha (doing odd jobs for him) and partook from his food. I had left my family and my property as an emigrant in the cause of Allah and His Messenger (may peace be uron him). When we and the people of Mecca had concluded a peace treaty and the people of one side began to mix with those of the other, I came to a tree, swept away its thorns and lay down (for rest) at its base; (while I lay there), four of the polytheists from the Meccans came to me and began to talk ill of the Messenger of Allah (may peace be upon him). I got enraged with them and moved to another tree. They hung their weapons (to the branches of the tree) and lay down (for rest). (While they lay there), somebody from the lower part of the valley cried out: Run up, O Muhajirs! Ibn Zunaim has been murdered. I drew my sword and attacked these four while they were asleep. I seized their arms and collected them up in my hand, and said: By the Being Who has conferred honour upon Muhammad, none of you shall raise his head, else I will smite his face. (Then) I came driving them along to the Holy Prophet (may peace be upon him). (At the same time). my uncle Amir came (to him) with a man from” Abalat called Mikraz. Amir was dragging him on a horse with a thick covering on its back along with seventy polytheists. The Messenger of Allah (may peace be upon him) cast a glance at them and said: Let them go (so that) they may prove guilty of breach of trust more than once (before we take action against them). So the Messenger of Allah (may peace be upon him) forgave them. On this occasion. God revealed the Qur’anic verse:” It is He Who restrained their hands from you and your hands from them in the valley of Mecca after He had granted you a victory over them” (xlviii. 24). Then we moved returning to Medina, and halted at a place where there was a mountain between us and Banu Lihyan who were polytheists. The Messenaer of Allah (may peace be upon him) asked God’s forgiveness for one who ascended the mountain at night to act as a scout for the Messenger of Allah (may peace be upon him) and his Compinions. I ascended (that mountain) twice or thrice that night. (At last) we reached Medina. The Messenger of Allah (may peace be upon him) sent his camels with his slave, Rabah, and I was with him. I (also) went to the pasture with the horse of Talha along with the camels.
When the day dawned, Abd al-Rahman al-Fazari made a raid and drove away all the camels of the Messenger of Allah (may peace be upon him), and killed the man who looked after them. I said: Rabah, ride this horse, take it to Talha b. ‘Ubaidullah and Inform the Messenger of Allah (may peace be upon him) that the polytheists have made away with his camels. Then I stood upon a hillock and turning my face to Medina, shouted thrice: Come to our help I Then I set out in pursuit of the raiders, shooting at them with arrows and chanting a (self-eulogatory) verse in the Iambic metre:
I am the son of al-Akwa’
And today is the day of defeat for the mean.
I would overtake a man from them, shoot at him an arrow which, piercing through the saddle, would reach his shoulder. and I would say: Take it, chanting at the same time the verse
And I am the son of al-Akwa’
And tody is the day of defeat for the mean.
By God, I continued shooting at them and hamstringing their animals. Whenever a horseman turned upon me, I would come to a tree and (hid myself) sitting at its base. Then I would shoot at him and hamstring his horse. (At last) they entered a narrow mountain gorge. I ascended that mountain and held them at bay throwing stones at them. I continued to chase them in this way until I got all the camels of the Messenger of Allah (may peace be upon him) released and no camel was left with them. They left me; then I followed them shooting at them (continually) until they dropped more than thirty mantles and thirty lances. lightening their burden. On everything they dropped, I put a mark with the help of (a piece of) stone so that the Messenger of Allah (may peace be upon him) and his Companions might recognise them (that it was booty left by the enemy). (They went on) until They came to a narrow valley when so and so, son of Badr al-Fazari joined them. They (now) sat down to take their breakfast and I sat on the top of a tapering rock. Al-Fazari said: Who is that fellow I am seeing? They said: This fellow has harassed us. By God, he has not left us since dusk and has been (continually) shooting at us until he has snatched everything from our hands. He said: Four of you should make a dash at him (and kill him). (Accordingly), four of them ascended the mountain coming towards me. When it became possible for me to talk to them, I said: Do you recognise me? They said: No. Who are thou? I said: I am Salama, son of al-Akwa’. By the Being Who has honoured the countenance of Muhammad (may peace be upon him) I can kill any of you I like but none of you will be able to kill me. One of them said: I think (he is right). So they returned. I did not move from my place until I saw the horsemen of the Messenger of Allah (may peace be upon him), who came riding through the trees. Lo! the foremost among them was Akhram al-Asadi.
Behind him was Abu Qatada al-Ansari and behind him was al-Miqdad b. al-Aswad al-Kindi. I caught hold of the rein of Akhram’s horse (Seeing this). they (the raiders) fled. I said (to Akhram): Akhram, guard yourself against them until Allah’s Messenger (may peace be upon him) and his Companions join you. He said: ) Salama, if you believe In Allah and the Day of Judgment and (if) you kaow that Paradise is a reality and Hell is a reality, you should not stand between me and martyrdom. so I let him go. Akhram and Abd al-Rahman (Fazari) met in combat. Akhram hamstrung Abd al-Rahman’s horse and the latter struck him with his lance and killed him. Abd al-Rabman turned about riding Akhram’s horse. Abu Qatada, a horse-man of the Messenger of Allah (may peace be upon him), met ‘Abd al-Rahman (in combat), smote him with his lance and killed him. By the Being Who honoured the countenance of Muhammad (may peace oe upon him), I followed them running on my feet (so fast) that I couldn’t see behind me the Companions of Muhammad (may peace be upon him), nor any dust raised by their horses. (I followed them) until before sunset they reached a valley which had a spring of water, which was called Dhu Qarad, so that they could have a drink, for they were thirsty. They saw me running towards them. I turned them out of the valley before they could drink a drop of its water. They left the valley and ran down a slope. I ran (behind them), overtook a man from them, shot him with an arrow through the shoulder blade and said: Take this. I am the son of al-Akwa’; and today is the day of annihilation for the people who are mean. The fellow (who was wounded) said: May his mother weep over him! Are you the Akwa’ who has been chasing us since morning? I said: Yes, O enemy of thyself, the same Akwa’. They left two horses dead tired on the hillock and I came dragging them along to the Messenger of Allah (may peace be upon him). I met ‘Amir who had with him a container having milk diluted with water and a container having water. I performed ablution with the water and drank the milk. Then I came to the Messenger of Allah (may peace be upon him) while he was at (the spring of) water from which I had driven them away. The Messenger of Allah (may peace be upon him) had captured those camels and everything else I had captured and all the lances and mantles I had snatched from the polytheists and Bilal had slaughtered a she-camel from the camels I had seized from the people, and was roasting its liver and hump for the Messenger of Allah (may peace be upon him). I said: Messenger of Allah, let me select from our people one hundred men and I will follow the marauders and I will finish them all so that nobody is left to convey the news (of their destruction to their people). (At these words of mine), the Messenger of Allah (may peace be upon him) laughed so much that his molar teeth could be seen in the light of the fire, and he said: Salama, do you think you can do this? I said: Yes, by the Being Who has honoured you. He said: Now they have reached the land of Ghatafan where they are being feted. (At this time) a man from the Ghatafan came along and said: So and so slaughtered a camel for them. When they were exposing its skin, they saw dust (being raised far off). They said: They (Akwa’ and his companions) have come. So. they went away fleeing.
When it was morning, the Messenger of Allah (may peace be upon him) said: Our best horseman today is Abu Qatada and our best footman today is Salama. Then he gave me two shares of the booty-the share meant for the horseman and the share meant for the footman, and combined both of them for me. Intending to return to Medina, he made me mount behind him on his she-camel named al-Adba’. While we were travelling, a man from the Ansar who could not be beaten in a race said: Is there anyone who could compete (with me) in race to Medina? Is there any competitor? He continued repeating this. When I heard his talk, I said: Don’t you show consideration to a dignified person and don’t you have awe for a noble man? He said: No, unless he be the Messenger of Allah (may peace be upon him). I said: Messenger of Allah, may my father and mother be thy ransom, let me get down so that I may beat this man (in the race). He said: It you wish, (you may). I said (to the man): I am coming to thee, I then turned my feet. sprang up and tan and gasped (for a while) when one or two elevated places were left and again followed his heel and again gasped (for a while) when one or two elevated places were left and again dashed until I joined him and gave a blow between his shoulders. I said: You have been overtaken, by God. He said: I think so. Thus, I reached Medina ahead of him. By God, we had stayed there only three nights when we set out to Khaibar with the Messenger of Allah (may peace be upon him). (On the way) my uncle, Amir, began to recite the following rajaz verses for the people:
By God, if Thou hadst not guided us aright,
We would have neither practised charity nor offered prayers.
(O God! ) We cannot do without Thy favours;
Keep us steadfast when we encounter the enemy,
And descend tranquillity upon us.
The Messenger of Allah (may peace be upon him) said: Who is this? ‘Amir said: it is ‘Amir. He said: May thy God forgive thee! The narrator said: Whenever the Messenger of Allah (may peace be upon him) asked forgiveness for a particular person, he was sure to embrace martyrdom. Umar b. Khattab who was riding on his camel called out: Prophet of Allah, I wish you had allowed us to benefit from Amir. Salama continued: When we reached Khaibar, its king named Marhab advanced brandishing his sword and chanting:
Khaibar knows that I am Marhab (who behaves like)
A fully armed, and well-tried warrior.
When the war comes spreading its flames.
My uncle, Amir, came out to combat with him, saying:
Khaibar certainly knows that I am ‘Amir,
A fully armed veteran who plunges into battles.
They exchanged blows. Marbab’s sword struck the shield of ‘Amir who bent forward to attack his opponent from below, but his sword recoiled upon him and cut the main artery: in his forearm which caused his death. Salama said: I came out and beard some people among the Companions of the Holy Prophet (may peace be upon him) as saying: Amir’s deed has gone waste; he has killed himself. So I came to the Holy Prophet (may peace be upon him) weeping and I said: Messenger of Allah. Amir’s deed has gone waste. The Messenger (may peace be upon him) said: Who passed this remark? I said: Some of your Companions. He said: He who has passed that remark has told a lie, for ‘Amir there is a double reward. Then he sent me to ‘Ali who had tore eyes, and said: I will give the banner to a man who loves Allah and His Messenger or whom Allah and His Messenger love. So I went to ‘Ali, brought him beading him along and he had sore eyes, and I took him to the Messenger of Allah (may peace be upon him), who applied his saliva to his eyes and he got well. The Messenger of Allah (may peace be upon him) gave him the banner (and ‘Ali went to meet Marhab in a single combat). The latter advanced chanting:
Khaibar knows certainly that I am Marhab,
A fully armed and well-tried valorous warrior (hero)
When war comes spreading its flames.
‘Ali chanted in reply:
I am the one whose mother named him Haidar, (And am) like a lion of the forest with a terror-striking countenance. I give my opponents the measure of sandara in exchange for sa’ (i. e. return thir attack with one that is much more fierce).
The narrator said: ‘Ali struck at the head of Mirhab and killed him, so the victory (capture of Khaibar) was due to him. This long tradition has also been handed down Through a different chain of transmitters.
This hadith has been transmitted on the authority of ‘Ikrama b. Ammar.
Chapter 45: REGARDING THE WORD OF GOD, THE EXALTED:” IT IS HE WHO RESTRAINED THEIR HANDS FROM YOU” TO THE END OF THE VERSE
It has been narrated on the authority of Anas b. Malik that eighty Persons from the inhabitants of Mecca swooped down upon the Messenger of Allah (may peace be upon him) from the mountain of Tan’im. They were armed and wanted to attack the Holy Prophet (may peace be upon him) and his Companions unawares. He (the Holy Prophet) captured them but spared their lives. So, God, the Exalted and Glorious, revealed the verses:” It is He Who restrained your hands from them and their hands from you in the valley of Mecca after He had given you a victory over them.”
Chapter 46: FIGHTING OF WOMEN SIDE BY SIDE WITH MEN
It has been narrated on the authority of Anas that, on the Day of Hunain. Umm Sulaim took out a dagger she had in her possession. Abiu Talha saw her and said: Messenger of Allah, this is Umm Sulaim. She is holding a dagger. The Messenger of Allah (may peace be upon him) asked (her): What for are you holding this dagger? She said: I took it up so that I may tear open the belly of a polytheist who comes near me. The Messenger of Allah (may peace be upon him) began to smile (at these words). She said: Messenger of Allah, kill all those people-other than us-whom thou hast declared to be free (on the day of the Conquest of Mecca). (They embraced Islam because) they were defeated at your hands (and as such their Islam is not dependable). The Messenger of Allah (may peace be upon him) said: Umm Sulaim. God is sufficient (against the mischief of the polytheists) and He will be kind to us (so you need not carry this dagger).
It has been narrated on the authority of Anas b. Malik who said that the Messenger of Allah (may peace be upon him) allowed Umm Sulaim and some other women of the Ansar to accompany him when he went to war; they would give water (to the soldiers) and would treat the wounded.
It has been narrated on the authority of Anas b. Malik who said: On the Day of Ubud some of the people, being defeated, left the Holy Prophet (may peace he upon him), but Abu Talha stood before him covering him with a shield. Abu Talha was a powerful archer who broke two or three bows that day. When a man would pass by carrying a quiver containing arrows, he would say: Spare them for Abu Talha. Whenever the Holy Prophet (way peace be upon him) raised his head to look at the people, Abd Talba would say: Prophet of Allah, may my father and my mother be thy ransom, do not raise your head lest you be struck by an arrow shot by the enemy. My neck is before your neck. The narrator said: I saw A’isha bint Abu Bakr and Umm Sulaim. Both of them had tucked up their garments, so I could me the anklets on their feet. They were carrying water-skins on their backs and would pour water into the mouths of the people. They would then go back (to the well), would fill them again and would return to pour water into the mouths of the soldiers. (On this day). Abu Talha’s sword dropped down from his hands twice or thrice because of drowsiness.
Chapter 47: WOMEN PARTICIPANTS IN JIHAD TO BE GIVEN A PRIZE BUT NOT A REGULAR SHARE IN THE BOOTY, AND PROHIBITION TO KILL CHILDREN OF THE ENEMY
It has been narrated on the authority of Yazid b. Hurmuz that Najda wrote to Ibn Abbas inquiring of him five things. Ibn Abbas said: If I had not the fear of committing (sin) for concealing the knowledge I would not have written to him. Najda wrote to him saying (after praising the Almighty and invoking blessings on the Prophet): Tell me whether the Messenger of Allah (may peace be upon him) took women to participate with him in Jihad; (if he did), whether he allotted them a regular share from the booty; whether he killed the children of (the enemy in the war how long an orphan would be entitled to consideration as such and for whom the Kbums (fifth part of the booty) was booty. Ibn Abbas wrote to him: You have written asking me whether the Messenger of Allah (may peace be upon him) took women with him to participate in Jihad. He did take them to the battle and sometimes he fought along with them. They would treat the wounded and were given a reward from the booty, but he did not assign any regular share for them. And the of Allah (may peace be upon him) did not kill the children of the enemy, so thou shouldst not kill the children. Also you have written to me asking me when the orphanhood of an orphan comes to an end. By my life, if a man has become bearded but is still incapable of getting his due from others as well u meeting his obligation towards them, (he is yet an orphan to be treated you such), but when he can look after his interests like grown-up people, he is no longer an orphan. And you have written to me inquiring about Khums as to whom it is meant for. (In this connection) we (the kinsmen of the Messenger of Allah) used to say: It is for us, but those people (i. e. Banu Umayya) have denied it to us.
This tradition has been narrated by the game authority (Yazid b. Hurmus) through a different chain of transmitters with the following difference in the elucidation of one of the points raised by Najda in his letter to Ibn Abas: The Messenger of Allah (may peace be upon him) used not to kill the children, so thou shouldst not kill them unless you could know what Khadir had known about the child he killed, or you could distinguish between a child who would grow up to he a believer (and a child who would grow up to be a non-believer), so that you killed the (prospective) non-believer and left the (prospective) believer aside.
It has been narrated on the authority of Yazid b. Hurmuz who said: Najda b. ‘Amir al-Haruri wrote to Ibn Abbas asking him about the slave and the woman as to whether they would get a share from the booty (it they participated in Jihad) ; about the killing of (enemy) children (in war) ; about the orphan as to when his orphanhood comes to an end; about kinsmen (of the Holy Prophet) as to who they are. He said to Yazid: Write to him. (If he were not likely to fall into folly, I would not have written to him.) Write: You have written asking about the woman and the slave whether they would get a share of the booty if they participated in Jihad. (You should know that) there is nothing of the sort for them except that they will be given a prize. And you have written asking me about the killing of the enemy children in war. (You should understand that) the Messenger of Allah (may peare be upon him) did not kill them. and thou shouldst not kill them unless thou knew what the companion of Moses (i. e. Khadir) knew about the boy he had killed. And you have written asking me about the orphan as to when the period of his orphanhood comes to an end, so that the sobriquet of” orphan” is dropped from him. (In this regard, you should know that) the sobriquet” orphan” will not be dropped from him until he attains maturity of body and mind. And you have written asking me about the close relatives (of the Holy Prophet) as to who they are. We think that it is we, but our people have denied us this (position and its concomitant privileges).
This hadith has been narrated on the authority of Yazid b. Hurmuz through another chain of transmitters.
It has been narrated on the anthority of Yazid b. Hurmuz who said: Najda wrote to Ibn Abbas. I was sitting in the company of Ibn ‘Abbas when he read his letter and wrote its reply. Ibn Abbas said: Were it not for preventing him from falling into wickedness. I would not have replied to his letter, may he never be joyful. He wrote in reply to him referring to the share of the close relatives (of the Holy Prophet) (from the booty) whom God has mentioned. (I have to tell you that) we thought we were the close relatives of the Messenger of Allah (may peace be upon him), but our people have refused to recognise us as such. You have asked about the orphan as to when his orphanhood comes to an end. (I have to say that) when he reaches the age of marriage, attains maturity of mind, and his property is returned to him, then he is no longer an orphan. You have inquired whether the Messenger of Allah (may peace be upo him) used to kill anyone from the children of the polytheists in the war. (You should know that) the Messenger of Allah (may peace be upon him) used not to kill any one of their children, and you (too) should not kill any one of them, except when you knew about them what Khadir had known about the boy whom he killed. And you have inquired whether there is a fixed share of the booty for women and slaves when they participate in a battle. (I have to tell you that) there is no fixed share for them except that they will be given some reward from the spoils of war.
This hadith has been transmitted on the authority of Yazid b. Hurmuz. but not complete (as we find in the above mentioned ahadith).
Chapter 48: THE NUMBER OF WARS WAGED BY THE HOLY PROPHET (MAY PEACE BE UPON HIM)
It has been narrated on the authority of Umm ‘Atiyya, the Ansarite, who said: I took part with the Messenger of Allah (may peace be upon him) in seven battles. I would stay behind in the camp of men, cook their food, treat the wounded and nurse the aick.
A similar tradition has been narrated on the authority of Hisham b. Hassan through a different chain of transmitters.
It has been narrated on the authority of Abu Ishaq that ‘Abdullah b. Yazid went (out of the city) with people for offering” Istisqa” ‘ prayer (for rainfall). He offered two rak’ahs. Then he prayed for rain. That day I met Zaid b. Arqam. There was only one man between me and him (at that time). I asked him: How many military expeditions did the Messenger of Allah (may peace be upon him) undertake? He said: Nineteen expeditions. I asked him: On how many expeditions did you accompany him? He said: On seventeen expeditions. I asked: Which was the first expedition he led? He answered: Dhat-ul-, Usair or ‘Ushair.
It has been narrated on the authority of Zaid b. Arqam that the Messenger of Allah (may peace be upon him) fought nineteen battles and after the Migration performed only one Pilgrimage called Hajjat-ul-Wada’.
It has been reported on the authority of Abu Zubair who heard Jabir b. Abdullah say: I fought in the company of the Messenger of Allah (may peace be upon him) nineteen battles. Jabir said: I did not participate in the Battle of Badr and the Battle of Uhud. My father prevented me (from participating in these battles as my age was tender). After ‘Abdullah (my father) was killed on the Day of Ubud, I never lagged behind the Messenger of Allah (may peace be upon him) and joined every battle (he fought).
It has been narrated on the authority of Buraida (who heard the tradition from his father) that the Messenger of Allah (may peace be upon him) conducted nineteen military campaigns and he (actually) fought in eight of them.
It has been narrated by Buraida who heard it from his father that he joined the Messenger of Allah (may peace be upon him) in sixteen military campaigns
It has been narrated on the authority of Salama who said: I joined seven military expeditions led by the Messenger of Allah himself (may peace be upon him), and nine expeditions which he sent out once under Abu Bakr and once under Usama b. Zaid.
The (foregoing) tradition has also been narrated on the authority of Hatim through the same chain of transmitters with the difference that according to this version both these types of expeditions were seven in number.
Chapter 49: THE EXPEDITION CALLED DHAT-UR-RIQA’
It has been narrated on the authority of Abu Musa (Ash’ari) who said: We set out on an expedition with the Messenger of Allah (may peace be upon him). We were six in number and had (with us) only one camel which we rode turn by turn Our feet were injured. My feet were so badly injured that my nails dropped off. We covered our feet with rags. so this expedition was called Dhat-ur-Riqa’ (i. e. the expedition of rags) because we bandaged our feet with rags (on that day). Abu Burda said: Abu Musa narrated this tradition, and then disliked repeating it as he did not want to give any publicity to what he did in a noble cause Abu Usama said: Narrators other than Abu Buraida have added to the version of the words:” God will reward it.”
Chapter 50: DISAPPROVAL OF SEEKING HELP FROM A DISBELIEVER ON A MILITARY CAMPAIGN
It has been narrated on the authority of A’isha, wife of the Holy Prophet (may peace be upon him), who said: The Messenger of Allah (may peace be upon him) set out for Badr. When he reached Harrat-ul-Wabara (a place four miles from Medina) a man met him who was known for his valour and courage. The Companions of the Messenger of Allah (may peace be upon him) were pleased to see him. He said: I have come so that I may follow you and get a share from the booty. The Messenger of Allah (may peace be upon him) said to him: Do you believe in Allah and His Apostle? He said: No. The Messenger of Allah (may peace be upon him) said: Go back, I will not seek help from a Mushrik (polytheist). He went on until we reached Shajara, where the man met him again. He asked him the same question again and the man gave him the same answer. He said: Go back. Im will not seek help from a Mushrik. The man returned and overtook him at Baida’? He asked him as he had asked previously: Do you believe in Allah and His Apostle? The man said: Yes. The Messenger of Allah (may peace be upon him) said to him: Then come along with us.
Chapter 1: IT IS THE DEFENDANT WHO SHOULB SWEAR (TO PROVE HIS INNOCENCE)
Ibn Abbas reported Allah’s Apostle (may peace be upon him) as saying: If the people were given according to their claims, they would claim the lives of persons and their properties, but the oath must be taken by the defendant.
Ibn ‘Abbas reported that Allah’s Messenger (may peace be upon him) pronounced judgment on the basis of oath by the defendant.
Ibn ‘Abbas reported that Allah’s Messenger (may peace be upon him) pronounced judgment on the basis of an oath and a witness (by the plaintiff).
Chapter 2: JUDGMENT IS TO BE PRONOUNCED ON EVIDENCE, AND ONE WHO IS ELOQUENT IN HIS PLEA (MAY WIN THE CASE)
Umm Salama reported Allah’s Messenger (may peace be upon him) as saying: You bring to me, for (judgment) your disputes, some of you perhaps being more eloquent in their plea than others, so I give judgment on their behalf according to what I hear from them. (Bear in mind, in my judgment) if I slice off anything for him from the right of his brother, he should not accept that, for I sliced off for him a portion from the Hell.
This hadith has been narrated on the authority of Hisham with the same chain of transmitters.
Umm Salama, the wife of Allah’s Apostle (may peace be upon him), reported that Allah’s Messenger (may peace be upon him) heard the clamour of contenders at the door of his apartment. He went to them, and said: I am a human being and the claimants bring to me (the dispute) and perhaps some of them are more eloquent than the others. I judge him to be on the right, and thus decide in his favcur. So he whom I, by my judgment, (give the undue share) out of the right of a Muslim,. I give him a portion of Fire; he may burden himself with it or abandon it.
This hadith has been transmitted on the authority of Ma’mar with a slight variation of words.
A’isha reported: Hind. the daughter of ‘Utba, wife of Abu Sufyan, came to Allah’s Messenger (may peace be upon him) and said: Abu Sufyan is a miserly person. He does not give adequate maintenance for me and my children, but (I am constrained) to take from his wealth (some part of it) without his knowledge. Is there any sin for me? Thereupon Allah’s Messenger (may peace be upon him) said: Take from his property what is customary which may suffice you and your children.
This hadith has been narrated on the authority of Hisham with the same chair of transmitters.
A’isha reported that Hind came to Allah’s Apostle (may peace be upon him) and said: Messenger of Allah, by Allah, there was no other household upon the surface of the earth than your household about which I cherished Allah bringing disgrace upon it, (and now) there is no other household upon the surface of the earth than your household about which I cherish Allah granting it honour. Allah’s Apostle (may peace be upon him) said: It is so, by Him in Whose Hand is my life She said: Allah’s Messenger, Abu Sufyan is a niggardly person. Is there any harm for me if I spend upon his children out of his wealth without his permission? Thereupon Allah’s Apostle (may peace be upon him) said: There is no harm for you if you spend upon them what is reasonable.
A’isha reported that Hind, daughter of Utba h. Rabi’, came to Allah’s Messenger (may peace be upon him) and said: Allah’s Messenger, by Allah, there was no household upon the surface of the earth than your household about which I cherished that it should be disgraced. But today there is no household on the surface of the earth than your household about which I cherish that it be honoured Thereupon Allah’s Messenger (may peace be upon him) said. It will increase, by Him in Whose Hand is my life. She then said: Messenger of Allah, Abu Sufyan is a niggardly person; is there any harm for me if I spend out of that which belongs to him on our children? He said to her: No, but only that what is reasonable.
Chapter 3: IT IS FORBIDDEN TO ASK MANY QUESTIONS AND WASTING OF WEALTH
Abu Huraira reported Allah’s Messenger (may peace be upon him) as saying: Verily Allah likes three things for you and He disapproves three things for you. He is pleased with you that you worship Him and associate nor anything with Him, that you hold fast the rope of Allah, and be not scattered; and He disapproves for you irrelevant talk, persistent questioning ane the wasting of wealth.
This hadith has been narrated on the authority of Suhail with the same chain of transmitters, but with a slight variation of words.
Mughira b. Shu’ba reported Allah’s Messenger (may peace be upon him) as saying: Verity Allah, the Glorious and Majestic, has forbidden for you: disobedience to mothers, and burying alive daughters, withholding the right of others in spite of having the power to return that to them and demanding that (which is not one’s legitimate right). And He disapproved three things for you; irrelevant talk, persistent questioning and wasting of wealth.
A hadith like this has been trransmitted on the authority of Mansur with a slight vairiation of words.
Sha’bi reported that the scribe of al-Mughira b. Shu’ba said: Mu’awiya wrote to Mughira: Write for me something which you heard from Allah’s Messenger (may peace be upon him) ; and he wrote: I heard Allah’s Messenger (may peace be upon him) as saying. Verily Allah disapproves three thingq for you: irrelevant talk, wasting of wealth and persistent questioning.
Warrad reported that al-Mughira wrote to Mu’awiya: Peace be upon you, and then coming to the poirt (I should say) that I heard Allah’s Messenger (may peace be upon him) as saying: Verily Allah has Prohibited three things and has forbidden three things. He has declared absolutely haram the disobedience of father, burying of daughters alive, and withholding that which you have power to return, and has forbidden three things: irrelevant talk, persistent questioning, and wasting of wealth.
Chapter 4: THE REWARD OF THE JUDGE WHEN HE TRIES TO ARRIVE AT A DECISION, WHETHER THAT DECISION IS CORRECT OR INCORRECT
‘Amr b. al-’As reported that he heard Allah’s Messenger (may peace be upon him) as saying: When a judge gives a decision, having tried his best to decide correctly and is right, there are two rewards for him; and if he gave a judgment after having tried his best (to arrive at a correct decision) but erred, there is one reward for him.
This hadith has been narrated on the authority of Abu Huraira with another chain of transmitters.
This hadith has been transmitted on the authority of Usama b. al-Had al-Laithi.
Chapter 5: IT IS NOT DESIRABLE TO GIVE JUDGMENT IN A FIT OF RAGE
Abd al-Rabmin b. Abu Bakra reported: My father dictated (and I wrote for him) to Ubaidullah b. Abu Bakra while he was the judge of Sijistan: Do not judge between two persons when you are angry, for I have heard Allah’s Messenger (may peace be upon him) as saying: None of you should judge between two persons when he is angry.
This hadith has been narrated on the authority of ‘Abd al-Rahman b. Abu Bakra through another chain of transmitters.
Chapter 6: REJECTING OF THE WRONG THINGS AND THE INNOVATIONS (IN RELIGION)
‘A’isha reported Allah’s Messenger (may peace be upon him) as saying: He who innovates things in our affairs for which there is no valid (reason) (commits sin) and these are to be rejected.
Sa’d b. Ibrahim reported: I asked Qasim b. Muhammad about a person who had three dwelling houses and he willed away the third part of every one of these houses; he (Qasim b. Muhammad) said: All of them could be combined in one house; and then said: ‘A’isha informed me that Allah’s Messenger (may peace be upon him) said: He who did any act for which there is no sanction from our behalf, that is to be rejected.
Chapter 7: AN EXCELLENT WITNESS
Zaid b. Khalid al-Juhani reported Allah’s Apostle (may peace be upon him) as saying: Should I not tell you of the best witnesses? He is the one who produces his evidence before he is asked for it.
Chapter 8: THE DIFFERENCE OF THOSE WHO ENDEAVOUR TO ARRIVE AT THE CORRECT DECISION
Abu Huraira reported Allah’s Apostle (may peace be upon him) as saying: While two women had been going along witn their two sons, a wolf came and made away with the child of one of them. One of them said to her companion: It is with your child that it (the wolf) has run away The other one said: It has run away with your child. They brought the matter to (Hadrat) Dawud (David) for decision and he made a decision in favour of the elder one. They then went to Sulaiman b. Dawud (may there be peace upon both of them) and told them (the story). He said: Bring me a knife so that I may cut him (the child) (into two parts) for you. The younger one said: No, it can’t be, may Allah have mercy upon you, he (the child) belongs to her (the elder). So he gave a decision in favour of the younger one. abu Huraira said: If ever I heard of the word as-sikin at all, it was that day. We called it by no other name but al-Mudya.
This hadith has been narrated on the authority of Abu az-Zinad with the same chain of transmitters.
Chapter 9: IT IS MERITORIOUS FOR A JUDGE TO BRING ABOUT CONCILIATION BETWEEN TWO CONTENDING PERSONS OR PARTIES
Hammim b. Munabbih said: Abu Huraira reported (so many) ahadith of Allah’s Messenger (may peace be upon him), and one of them is this: A person bought from another person a piece of land, and the person who had, bought that land found in it an earthen ware which contained gold. The person who had bought the land said (to the seller of the land): Take your gold from me, for I bought only the land from you and not the gold. The man who had sold the land said: I sold the land to you and whatever was in it. They referred the matter to a person. One who was made as a judge said to them: Have you any issue? One of them said: I have a boy, and the other said: I have a young daughter He (the judge) said: Marry this young boy with the girl, and spend something on yourselves and also give (some) charity out of it.
Chapter 10: STRAY THING FOUND BY ANYONE
Zaid b. Khalid al-Juhani reported: A man came to Allah’s Apostle (may peace be upon him) and asked him about picking up of stray articles. He said: Recognise (well) its bag and the strap (by which it is tied) then make announcement of that for a year. If its owner comes (within this time return that to him), otherwise it is yours. He (again) said: (What about) the lost goat? Thereupon he (the Holy Prophet) said: It is yours or for your brother, or for the wolf. He said: (What about) the lost camel? Thereupon he said: You have nothing to do with it; it has a leather bag along with it, and its shoes also. It comes to the watering-place, eats (the leaves of the) trees until its master finds him.
Zaid b. Khalid al-Juhani reported that a person asked Allah’s Apostle (may peace be upon him) about picking up of stray articles, whereupon he said: Make announcement about it for a year, and recognise well the strap and the bag (containing that) ; then spend that; and if its owner comes, make him the payment of that. He (the inquirer) said: Messenger of Allah, what about the lost goat? he said: Take it, for that is yours or for your brother, or for the wolf. He (again) said: (What about) the lost camel? The Messenger of Allah (may peace be upon him) was enraged until his cheeks became red (or his face became red) and then said: You have nothing to do about that; it has feet and a leather bag (to quench its thirst) until its owner finds it.
This hadith has been narrated on the authority of Rabi’a b. Abu Abd al-Rahman with the same chain of transmitters but with this addition:” There came a person to Allah’s Messenger (may peace be upon him) while I was with him, and he asked him about picking up of a stray article, and he said: When none comes to demand it, then spend that.”
Zaid b. Khalid al-Juhani reported. There came to Allah’s Messenger (may peace be upon him) a person, the rest of the hadith is the same but with the variation (of these words): His face became red, his forehead too, and he felt annoyed; and made an addition after the words: He should make announcement of that for a year, and if its owner does not turn up, then it is a trust with you.
Zaid b. Khalid al-Juhani, the Companion ot Allah’s Messenger (may peace be upon him), said that Allah’s Messenger (may peace be upon him) was asked about the picking up of stray gold or silver, whereupon he said: Recognise well the strap and the bag (containing) that and then make an announcement regarding that for one year, but if none recognises it, then spend that and it would be a trust with you; and if someone comes one day to make demand of that, then pay that to him. He (the inquirer) asked about the lost camel, whereupon he said: You have nothing to do with that. Leave that alone, for it has feet and also a leather bag, it drinks water, and eats (the leaves) of the trees. He asked him about sheep, whereupon he said: Take it, it is for you, or for your brother, or for the wolf.
Zaid b. Khalid al-Juhani reported: A person asked Allah’s Apostle (may peace be upon him) about a lost camel; Rabi’a made this addition: He (the Holy Prophet) was so much annoyed that his cheeks became red.” The rest of the hadith is the same. He (the narrator) made this addition:” If its (that of the article) owner comes and he recognises the bag (which contained it) and its number, and the strap. then give that to them, but if not, then it is for you.”
Zaid b. Khalid al-Juhani reported that Allah’s Messenger (may peace be upon him) was asked about picking up of stray things, whereupon he said: Make announcement of that for one year, but if it is not recognised (by the owner), then recognise its big and strap, then eat it; and if its owner comes, then give that to him. This hadith has been narrated on the authority of Al-Dahhak b. Uthman with the same chain of transmitters but with a slight variation of words.
Salama b. Kuhail reported: I heard Sowaid b. Ghafala say: I went out, and also Zaid b. Suhan and Salman b. Rabi’a for Jibad, and I found a whip and took it up. They said to me: Leave it. I said: No. but I will make announcement of it and if its owner comes (then I will return that), otherwise I will use it, and I refused them. When we returned from Jihad. by a good fortune for me, I performed Pilgrimage. I came to Medina and met Ubayy b. Ka’b, and related to him the affair of the whip and their opinion (the opinion of Zaid b. Suhan and Salman b. Rabi’a) about it (i. e. I should throw it). Thereupon he said: I found a money bag during the lifetime of Allah’s Messenger (may peace be upon him) which contained one hundred dinars. I came to him along with it, and he said: Make an announcement of it for one year; so I announced it, but did not find anyone who could (claim it after) recognising it. I again came to him and he said: Make announcement for one year. So I made announcement of it, but I found none who could recognise it. I came to him he said: Make announcement of it for one year. I made announcement of that but did not find one who could recognise it, whereupon he said: Preserve (in your mind) its number, its bag and its strap, and if its owner comes (then return that to him), otherwise make use of it. So I made use of that. I (Shu’ba) met him (Salama b. Kuhail) after this in Mecca, and he said: I do not know whether he said three years or one year.
Shu’ba reported: Salama b. Kuhail informed me or he informed people and I was among them. He said: I heard Sawaid b. Ghafala who reported: I went out along with Zaid b. Suhan and Salman b. Rabi’a, and found a whip, the rest of the hadith is the same up to the words:” I made use of that.” Shu’ba said: I heard him say after ten years, that he made an announcement of it for one year.
This hadith has been narrated on the authority of Salama b. Kuhail through different chains of transmitters. In their ahadith, it is three years, except in the hadith of Hammid b. Salama it is two years or three years. In the hadith transmitted on the authority of Sufyan and Zaid b. Abu Unaisa and Hammid b. Salama (the words are):” If someone comes and informs you about the number (of articles) of the bag and the straps, then give that to him.” Sufyan has made this addition in the narration of Waki’:” Otherwise it is like your property.” And in the narration of Ibn Numair the words are:” Otherwise make use of that.”
Chapter 11: STRAY THINGS OF THE PILGRIMS
‘Abd al-Rahman b. ‘Uthman al-Taimi reported that Allah’s Messenger (may peace be upon him) forbade taking into custody the stray thing of the pilgrims.
Zaid b. Khalid al-Juhani reported Allah’s Messenger (may peace be upon him) as sayin.: He who found a stray article is himself led astray if he does not advertise it.
Chapter 12: IT IS FORBIDDEN TO MILK AN ANIMAL WITHOUT THE PERMISSION OF ITS OWNER
Ibn ‘Umar reported Allah’s Messenger (may peace be upon him) having said this: None (of you) should milk the animal of another, but with his permission. Does any one of you like that his chamber be raided, and his vaults be broken, and his foodstuff be removed? Verily the treasures for them (those who keep animals) are the udders of the animals which feed them. So none of you should milk the animal of another but with his permission.
This hadith has been narrated through another chain of transmitters with a slight variation of words.
Chapter 13: ENTERTAINMENT OF THE GUEST
Abd Shuraib al-Adawi reported: My eare listened and my eye saw when Allah’s Messenger (may peace be upon him) spoke and said: He who believes In Allah and the eireafter should show respect to the guest even with utmost kindness and courtesy. They said: Messenger of Allah, what is this utmost kindness and courtesy? He replied: It is for a day and a night. Hospitality extends for three days, and what is beyond that is a Sadaqa for him; and he who believes in Allah and the Hereafter should say something good or keep quiet.
Abu Shuriah al-Khuza’i reported Allah’s Messenger (may peace be upon him) as saying: (The period of the entertainment of a guest is three days, and utmost kindness and courtesy is for a day and a night. =” It is not permissible for a Muslim to stay with, his brother until he makes him sinful. They said: Messenger of Allah, how he would make him sinful? He (the Holy Prophet) said: He stays with him (so long) that nothing is left with him to entertain him.
Sa’id al-Maqburi reported: I heard Abu Shuraih al-Khuzill saying: My ears heard and my eyes saw and my mind retained it, when Allah’s Messenger (may peace be upon him) spok this, and he then narrated the hadith and made mention of this:” It is not permissible for any one of you to stay with his brother until he makes him sinful.”
‘Uqba b. Amir reported: We said to Allah’s Messenger (may peace be upon him): You send us out and we come to the people who do not give us hospitality, so what is your opinion? Thereupon Allah’s Messenger (may peace be upon him) said: If you come to the people who order for you what is befitting a guest, accept it; but if they do not. take from them what befits them to give to a guest.
Chapter 14: IT IS MERITORIOUS TO SPEND THE SURPLUS WEALTH FOR ONE’S BROTHER
Abu Sa’id al-Khudri reported: While we were with the Apostle of Allah (may peace be upon him) on a journey, a person came upon his mount and began to stare on the right and on the left, (it was at this moment) that Allah’s Messenger (may peace be upon him) said: He who has an extra mount should give that to one who has no mount for him, and he who has surplus of provisions should give them to him who has no provisions, and he made mention of so many kinds of wealth until we were of the opinion that none of us has any right over the surplus.
Chapter 15: IN CASE THE PROVISIONS RUN SHORT, THESE SHOULD BE POOLED
Iyas b. Salama reported on the authority of his father: We set out on an expedition with, Allah’s Messenger (may peace be upon him). We facts hardship (in getting provisions) until we decided to slaughter some of our riding animals. Allah’s Apostle (may peace be upon him), commanded us to pool our provisions of food. So we spread a sheet of leather and the provisions of the people were collected on it. I stretched myself to measure how much that was (the length and, breadth of the sheet on which the provisions were laid). I measured it and (found) that it was (in length and breadth) of (so much size) on which a goat could sit. We were fourteen hudnred persons. We (all) ate until we were fully satisfied and then filled our bags with provisions. Then Allah’s Apostle (may peace be upon him) said: Is there any water for performing ablution. Then there came a man with a small bucket containing some water. He threw it in a basin. We all fourteen hundred persons performed ablution using the water in plenty. Then there came after that eight persons and they said: Is there any water to perform ablution? Thereupon Allah’s Messenger (may peace be upon him) said: The ablution has already been performed.
Yahya related to me from Malik that he had heard that a man said to Abdullah ibn Abbas, “I have divorced my wife by saying I divorce you a hundred times. What do you think my situation is?” Ibn Abbas said to him, “She was divorced from you by three pronouncements, and by the ninety-seven, you have mocked the ayat of Allah.”
Yahya related to me from Malik that he had heard that a man came to Abdullah ibn Masud and said, “I have divorced my wife by saying I divorce you eight times.” Ibn Masud said to him, “What have people told you?” He replied, “I have been told that I have to part absolutely from her.” Ibn Masud said, “They have spoken the truth. A person who divorces as Allah has commanded, Allah makes it clear for him, and a person who obscures himself in error, we make stay by his error. So do not confuse yourselves and pull us into your confusion. It is as they have said.”
Yahya related to me from Malik from Yahya ibn Said from Abu Bakr ibn Hazm thatUmar ibn Abd al-Aziz had asked him what people said about the ‘irrevocable’ divorce, and Abu Bakr had replied that Aban ibn Uthman had clarified that it was declared only once. Umar ibn Abd al-Aziz said, “Even if divorce had to be declared a thousand times, the’irrevocable’ would use them all up. A person who says, ‘irrevocably’ has cast the furthest limit.”
Yahya related to me from Malik from Ibn Shihab that Marwan ibn al-Hakam decided that if someone made three pronouncements of divorce, he had divorced his wife irrevocably.
Malik said, “That is what I like best of what I have heard on the subject.”
29.2 Divorce by Euphemistic Statements
Yahya related to me from Malik that he had heard that Umar ibn al-Khattab had heard in a letter from Iraq that a man said to his wife, “Your rein is on your withers (i.e. you have free rein).” Umar ibn al-Khattab wrote to his governor to order the man to come to him at Makka at the time of hajj. While Umar was doing tawaf around the House, a man met him and greeted him. Umar asked him who he was, and he replied that he was the man that he had ordered to be brought to him. Umar said to him, “I ask you by the Lord of this building, what did you mean by your statement, ‘Your rein is on your withers.’?” The man replied, “Had you made me swear by other than this place, I would not have told you the truth. I intended separation by that.” Umar ibn al- Khattab said, “It is what you intended.”
Yahya related to me from Malik that he had heard that Ali ibn Abi Talib used to say that if a man said to his wife, “You are haram for me,” it counted as three pronouncements of divorce.
Malik said, “That is the best of what I have heard on the subject.”
Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that statements like “I cut myself off from you”,or”You are abandoned”, were considered as three pronouncements of divorce.
Malik said that any strong statements such as these or others were considered as three pronouncements of divorce for a woman whose marriage had been consummated. In the case of a woman whose marriage had not been consummated, the man was asked to make an oath on his deen, as to whether he had intended one or three pronouncements of divorce. If he had intended one pronouncement, he was asked to make an oath by Allah to confirm it, and he became a suitor among other suitors, because a woman whose marriage had been consummated, required three pronouncements of divorce to make her inaccessible for the husband, whilst only one pronouncement was needed to make a woman whose marriage had not been consummated inaccessible.
Malik added, “That is the best of what I have heard about the matter.”
Yahya related to me from Malik from Yahya ibn Said from al-Qasim ibn Muhammad that a certain man had taken a slave-girl belonging to somebody else as a wife. He said to her people, “She is your concern,” and people considered that to be one pronouncement of divorce.
Yahya related to me from Malik that he heard Ibn Shihab say that if a man said to his wife, “You are free of me, and I am free of you, ” it counted as three pronouncements of divorce as if it were an ‘irrevocable’ divorce.
Malik said that if a man made any strong statement such as these to his wife, it counted as three pronouncements of divorce for a woman whose marriage had been consummated, or it was written as one of three for a woman whose marriage had not been consummated, whichever the man wished. If he said he intended only one divorce he swore to it and he became one of the suitors because, whereas a woman whose marriage had been consummated was made inaccessible by three pronouncements of divorce, the woman whose marriage had not been consummated was made inaccessible by only one pronouncement.
Malik said, “That is the best of what I have heard.”
Yahya related to me from Malik that he had heard that a man came to Abdullah ibn Umar, and said, “Abu Abd ar-Rahman! I placed the command of my wife in her hand, and she divorced herself, what do you think?” Abdullah ibn Umar said, “I think that it is as she said.” The man said, “Don’t do it, Abu Abd ar-Rahman!” Ibn Umar said, “You did it, it has nothing to do with me.”
Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, “When a man gives a woman command over herself, then the result is as she decides unless he denies it and says that he only meant to give her one divorce and he swears to it – then he has access to her while she is in her idda.”
Yahya related to me from Malik from Said ibn Sulayman ibn Zayd ibn Thabit that Kharija ibn Zayd ibn Thabit told him that he was sitting with Zayd ibn Thabit when Muhammad ibn Abi Atiq came to him with his eyes brimming with tears. Zayd asked him what the matter was. He said, “I gave my wife command of herself, and she separated from me.” Zayd said to him, “What made you do that?” He said, “The Decree.” Zayd said, “Return to her if you wish for it is only one pronouncement, and you have access to her.”
Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that a man of Thaqif gave his wife command over herself, and she said, “You are divorced.” He was silent. She said, “You are divorced.” He said, “May a stone be in your mouth.” She said, “You are divorced.” He said, “May a stone be in your mouth.” They argued and went to Marwan ibn al-Hakam. He took an oath that he had only given her control over one pronouncement, and then she returned to him.
Malik said that Abd ar-Rahman declared that this decision had amazed al-Qasim, who thought it the best that he had heard on the subject.
Malik added, “That is also the best of what I have heard on the subject.”
Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that A’isha, umm al-muminin, proposed to Qurayba bint Abi Umayya on behalf of Abd ar-Rahman ibn Abi Bakr. They married her to him and her people found fault with Abd ar-Rahman and said, “We only gave in marriage because of A’isha.” A’isha therefore sent for Abd ar-Rahman and told him about it. He gave Qurayba authority over herself and she chose her husband and so there was no divorce.
Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that A’isha, the wife of the Prophet, may Allah bless him and grant him peace, gave Hafsa bint Abd arRahman in marriage to al-Mundhir ibn az-Zubayr while Abd ar-Rahman was away in Syria. When Abd ar-Rahman arrived, he said, “Shall someone like me have this done to him? Am I the kind of man to have something done to him without his consent?” A’isha spoke to al-Mundhir ibn az-Zubayr, and al-Mundhir said, “It is in the hands of Abd ar-Rahman.” Abd ar-Rahman said, “I won’t oppose something that you have already completed.” Hafsa was confirmed with al-Mundhir, and there was no divorce.
Yahya related to me from Malik that he had heard that Abdullah ibn Umar and Abu Hurayra were asked about a man who gave his wife power over herself, and she returned it to him without doing anything with it. They said that there was no divorce. (i.e. The man’s giving his wife power over herself was not interpreted as a desire for divorce on his part.)
Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab said, “If a man gives his wife authority over herself, and she does not separate from him and remains with him, there is no divorce.”
Malik said that a woman whose husband gave her power over herself and they separated while she was unwilling, had no power to revoke the divorce. She only had power over herself as long as they remained together.
Yahya related to me from Malik from Jafar ibn Muhammad from his father that Ali ibn Abi Talib said, “When a man takes a vow to abstain from intercourse, divorce does not occur immediately. If four months pass, he must declare his intent and either he is divorced or he revokes his vow . ”
Malik said, “That is what is done among us.”
Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, “When a man makes a vow to abstain from intercourse with his wife and four months have passed he must declare his intent and either he is divorced or he revokes his vow. Divorce does not occur until four months have passed and he continues to abstain.”
Yahya related to me from Malik from Ibn Shihab that Said al-Musayyab and Abu Bakr ibn Abd ar-Rahman said about a man who made a vow to abstain from intercourse with his wife, “If four months pass it is a divorce. The husband can go back to his wife as long as she is in her idda.”
Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam decided about a man who had made a vow to abstain from intercourse with his wife, that when four months had passed, it was a divorce and he could return to her as long as she was in her idda.
Malik added, “That was also the opinion of Ibn Shihab.”
Malik said that if a man made a vow to abstain from intercourse with his wife and at the end of four months he declared his intent to continue to abstain, he was divorced. He could go back to his wife, but if he did not have intercourse with her before the end of her idda, he had no access to her and he could not go back to her unless he had an excuse – illness, imprisonment, or a similar excuse. His return to her maintained her as his wife. If her idda passed and then he married her after that and did not have intercourse with her until four months had passed and he declared his intent to continue to abstain, divorce was applied to him by the first vow. If four months passed, and he had not returned to her, he had no idda against her nor access because he had married her and then divorced her before touching her.
Malik said that a man who made a vow to abstain from intercourse with his wife and continued to abstain after four months and so divorced her, but then returned and did not touch her and four months were completed before her idda was completed, did not have to declare his intent and divorce did not befall him. If he had intercourse with her before the end of her idda, he was entitled to her. If her idda passed before he had intercourse with her, he had no access to her. This is what Malik preferred of what he had heard on the subject.
Malik said that if a man made a vow to abstain from intercourse with his wife and then divorced her, and the four months of the vow were completed before completion of the idda of the divorce, it counted as two pronouncements of divorce. If he declared his intention to continue to abstain and the idda of the divorce finished before the four months the vow of abstention was not a divorce. That was because the four months had passed and she was not his on that day.
Malik said, “If someone makes a vow not to have intercourse with his wife for a day or a month and then waits until more than four months have passed, it is not ila. Ila only applies to someone who vows more than four months. As for the one who vows not to have intercourse with his wife for four months or less than that, I do not think that it is ila because when the term enters into it at which it stops, he comes out of his oath and he does not have to declare his intention.”
Malik said, “If someone vows to his wife not to have intercourse with her until her child has been weaned, that is not ila. I have heard that Ali ibn Abi Talib was asked about that and he did not think that it was ila.”
Yahya related to me from Malik that he had asked Ibn Shihab about the ila of the slave. He said that it was like the ila of the free man, and it put an obligation on him. The ila of the slave was two months.
Yahya related to me from Malik from Said ibn Amr ibn Sulaym az-Zuraqi that he asked al-Qasim ibn Muhammad about a man who made divorce conditional on his marrying a woman i.e. if he married her he would automatically divorce her. Al-Qasim ibn Muhammad said, “If a man marries a woman whom he has made as his mother’s back, i.e. has made haram for him, Umar ibn al-Khattab ordered him not to go near her if he married her until he had done the kaffara for pronouncing dhihar.”
Yahya related to me from Malik that he had heard that a man asked al-Qasim ibn Muhammad and Sulayman ibn Yasar about a man who pronounced dhihar from his wife before he had married her. They said, “If he marries her, he must not touch her until he has done the kaffara for pronouncing dhihar.”
Yahya related to me from Malik from Hisham ibn Urwa that his father said that a man who pronounced a dhihar from his four wives in one statement, had only to do one kaffara. Yahya related the same as that to me from Malik from Rabia ibn Abi Abd ar-Rahman.
Malik said, “That is what is done among us. Allah, the Exalted said about the kaffara for pronouncing dhihar, ‘It is to free a slave before they touch one another. If he does not find the means to do that, then fasting for two consecutive months before they touch one another. If he cannot do that, it is to feed sixty poor people. ‘ ” (Sura 58 ayats 4,5).
Malik said that a man who pronounced dhihar from his wife on various occasions had only to do one kaffara. If he pronounced dhihar, and then did kaffara, and then pronounced dhihar after he had done the kaffara, he had to do kaffara again.
Malik said, “Some one who pronounces dhihar from his wife and then has intercourse with her before he has done kaffara, only has to do one kaffara. He must abstain from her until he does kaffara and ask forgiveness of Allah. That is the best of what I have heard. ”
Malik said, “It is the same with dhihar using any prohibited relations of fosterage and ancestry.”
Malik said, “Women have no dhihar.”
Malik said that he had heard that the commentary on the word of Allah, the Blessed, the Exalted, “Those of you who pronounce the dhihar about their wives, and then retract what they have said,” (Sura 56 ayat 3), was that a man pronounced dhihar on his wife and then decided to keep her and have intercourse with her. If he decided on that, he must do kaffara. If he divorced her and did not decide to retract his dhihar of her and to keep her and have intercourse with her, there would be no kaffara incumbent on him.
Maliksaid, “If he marries her after that, he does not touch her until he has completed the kaffara of pronouncing dhihar.”
Malik said that if a man who pronounced dhihar from his slave-girl wanted to have intercourse with her, he had to do the kaffara of the dhihar before he could sleep with her.
Malik said, “There is no ila in a man’s dhihar unless it is evident that he does not intend to retract his dhihar.”
Yahya related to me from Malik from Hisham ibn Urwa that he heard a man ask Urwa ibn az-Zubayr about a man who said to his wife, “Any woman I marry along with you as long as you live will be like my mother’s back to me.” Urwa ibn az-Zubayr said, “The freeing of slaves is enough to release him from that.”
ahya related to me from Malik that he asked Ibn Shihab about the dhihar of a slave. He said, “It is like the dhihar of a free man.”
Malik said, “He meant that the same conditions were applied in both cases.”
Malik said, “The dhihar of the slave is incumbent on him, and the fasting of the slave in the dhihar is two months. ”
Malik said that there was no ila for a slave who pronounced a dhihar from his wife. That was because if he were to fast the kaffara for pronouncing a dhihar, the divorce of the ila would come to him before he had finished the fast.
Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from al-Qasim ibn Muhammad that A’isha umm al-muminin, said, “There were three sunnas established in connection with Barira: firstly was that when she was set free she was given her choice about her husband, secondly, the Messenger of Allah, may Allah bless him and grant him peace, said about her, ‘The right of inheritance belongs to the person who has set a person free,’ thirdly, the Messenger of Allah, may Allah bless him and grant him peace, came in and there was a pot with meat on the boil. Bread and condiments were brought to him from the stock of the house. The Messenger of Allah, may Allah bless him and grant him peace, said, ‘Didn’t I see a pot with meat in it?’ They said, ‘Yes, Messenger of Allah. That is meat which was given as sadaqa for Barira, and you do not eat sadaqa.’ The Messenger of Allah, may Allah bless him and grant him peace, said, ‘It is sadaqa for her, and it is a gift for us.’ “
ahya related to me from Malik from Nafi that Abdullah ibn Umar said that a female slave who was the wife of a slave and then was set free, had the right of choice as long as he did not have intercourse with her.
Malik said, “If her husband has intercourse with her and she claims that she did not know, she still has the right of choice. If she is suspect and one does not believe her claim of ignorance, then she has no choice after he has had intercourse with her.”
Yahya related to me from Malik from Ibn Shihab from Urwa ibn az-Zubayr that a mawla of the tribe of Banu Adi called Zabra told him that she had been the wife of a slave when she was a slave-girl. Then she was set free and she sent a message to Hafsa, the wife of the Prophet, may Allah bless him and grant him peace. Hafsa called her and said, “I will tell you something., but I would prefer that you did not act upon it. You have authority over yourself as long as your husband does not have intercourse with you. If he has intercourse with you, you have no authority at all.” Therefore she pronounced her divorce from him three times.
Yahya related to me from Malik that he had heard that Said ibn al-Musayyab said that if a man married a woman, and he was insane or had a physical defect, she had the right of choice. If she wished she could stay, and if she wished she could separate from him.
Malik said that if a slave-girl, who was the wife of a slave, was set free before he had consummated the marriage, and she chose herself, then she had no bride-price and it was a pronouncement of divorce. That was what was done among them.
Yahya related to me that Malik heard Ibn Shihab say, “When a man gives his wife the right of choice, and she chooses him, that is not divorce.”
Malik added, “That is the best of what I have heard.”
Malik said that if a woman who had been given the right of choice by her husband chose herself, she was divorced trebly. If her husband said, “But I only gave her the right of choice in one,” he had none of that. That was the best of what he had heard.
Malik said, “If the man gives his wife the right of choice and she says, ‘I accept one’, and he says, ‘I did not mean that, I have given the right of choice in all three together,’ then if she only accepts one, she remains with him in her marriage, and that is not separation if Allah, the Exalted wills.”
Yahya related. to me from Malik from Yahya ibn Said that Amra bint Abd ar-Rahman told him from Habiba bint Sahl al-Ansari that she had been the wife of Thabit ibn Qays ibn Shammas. The Messenger of Allah, may Allah bless him and grant him peace, went out for the dawn prayer, and found Habiba bint Sahl at his door in the darkness. The Messenger of Allah, may Allah bless him and grant him peace, said to her, “Who is this?” She said, “I am Habiba bint Sahl, Messenger of Allah.” He said, “What do you want?” She said, “That Thabit ibn Qays and I separate.” When her husband, Thabit ibn Qays came, the Messenger of Allah, may Allah bless him and grant him peace, said to him, “This is Habiba bint Sahl. She mentioned what Allah willed that she mention.” Habiba said, “Messenger of Allah, all that he has given me is with me!” The Messenger of Allah, may Allah bless him and grant him peace, said to Thabit ibn Qays, “Take it from her,” and he took it from her, and she stayed in the house of her family.
Yahya related to me from Malik from Nafi from a mawla of Safiyya bint Abi Ubayd that she gave all that she possessed to her husband as compensation for her divorce from him, and Abdullah ibn Umar did not disapprove of that.
Malik said that divorce was ratified for a woman who ransomed herself from her husband, when it was known that her husband was detrimental to her and was oppressive for her, and it was known that he wronged her, and he had to return her property to her. Malik added, “This is what I have heard, and it is what is done among us.”
Malik said, “There is no harm if a woman ransoms herself from her husband for more than he gave her.”
Yahya related to me from Malik from Nafi that Rubayyi bint Muawwidh ibn Afra came with her paternal uncle to Abdullah ibn Umar and told him that she had divorced her husband for a compensation in the time of Uthman ibn Affan, and he heard about it and did not disapprove. Abdullah ibn Umar said, “Her idda is the idda of a divorced woman.”
Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar and Ibn Shihab all said that a woman who divorced for a compensation had the same idda as a divorced woman – three periods.
Malik said that a woman who ransomed herself could not return to her husband except by a new marriage. If someone married her and then separated from her before he had intercourse with her, there was no idda against her from the recent marriage, and she rested on her first idda.
Malik said, “That is the best that I have heard on the matter.”
Malik said, “If, when a woman offers to compensate her husband, he divorces her straightaway, then that compensation is confirmed for him. If he makes no response, and then at a later date, does divorce her, he is not entitled to that compensation.”
Yahya related to me from Malik from Ibn Shihab that Sahl ibn Sad as-Saidi told him that Uwaymir al-Ajlani came to Asim ibn Adi al-Ansari and said to him, “Asim! What do you think a man who finds another man with his wife should do? Should he kill him and then be killed himself, or what should .he do? Asim! ask the Messenger of Allah, may Allah bless him and grant him peace, about that for me.” Asim asked the Messenger of Allah, may Allah bless him and grant him peace, about it. The Messenger of Allah, may Allah bless him and grant him peace, was revolted by the questions and reproved them until what he heard from the Messenger of Allah, may Allah bless him and grant him peace. was intolerable for Asim. When Asim returned to his people, Uwaymir came to him and said, ” Asim! what did the Messenger of Allah, may Allah bless him and grant him peace, say to you?” Asim said to Uwaymir, “You didn’t bring me any good. The Messenger of Allah, may Allah bless him and grant him peace, was revolted by the question which I asked him.” Uwaymir said, “By Allah! I will not stop until I ask him about it!” Uwaymir stood up and went to the Messenger of Allah, may Allah bless him and grant him peace, in the middle of the people and said, “Messenger of Allah! What do you think a man who finds another man with his wife should do? Should he kill him and then be killed himself, or what should he do?” The Messenger of Allah, may Allah bless him and grant him peace, said, “Something has been sent down about you and your wife, so go and bring her.”
Sahl continued, “They mutually cursed one another in the presence of the Messenger, may Allah bless him and grant him peace, and I was present with the people. When they finished cursing each other, Uwaymir said, ‘I shall have lied about her, Messenger of Allah, if I keep her,’ and pronounced the divorce three times before the Messenger of Allah, may Allah bless him and grant him peace, ordered him to do it.”
Malik said that Ibn Shihab said, “That was how the sunna of a couple mutually cursing each other was established (lian).”
Yahya related to me from Malik from Nafic from Abdullah ibn Umar that a man cursed his wife in the time of the Messenger of Allah, may Allah bless him and grant him peace, and disowned her child. The Messenger of Allah, may Allah bless him and grant him peace, separated them and gave the child to the woman.
Malik said, “Allah the Blessed, the Exalted, said, ‘The testimony of men who accuse their wives but do not have any witnesses except themselves is to testify by Allah four times that he is being truthful, and a fifth time, that the curse of Allah will be upon him, if he should be a liar. She will avoid punishment if she testifies by Allah four times that he is a liar, and a fifth time, that the wrath of Allah shall be upon her, if he should be telling the truth. ‘ “(Sura 24 ayat 6).
Malik said, “The sunna with us is that those who curse each other are never to be remarried. If the man calls himself a liar, (i.e. takes back his accusation), he is flogged with the hadd-punishment, and the child is given to him, and his wife can never return to him. There is no doubt or dispute about this sunna among us. ”
Malik said, “If a man separates from his wife by an irrevocable divorce by which he cannot return to her, and then he denies the paternity of the child she is carrying, whilst she claims that he is the father, and it is possible by the timing, that he be so, he must curse her, and the child is not recognised as his.”
Malik said, “That is what is done among us, and it is what I have heard from the people of knowledge.”
Malik said that a man who accused his wife after he had divorced her trebly while she was pregnant, and he had at first accepted being the father but then claimed that he had seen her committing adultery before he separated from her, was flogged with the hadd-punishment, and did not curse her.
If he denied the paternity of her child after he had divorced her trebly, and he had not previously accepted it, then he cursed her.
Malik said, “This is what I have heard.”
Malik said, “The slave is in the same position as the free man as regards making accusations and invoking mutual curses (lian). He acts in the lian as the free man acts although there is no hadd applied for slandering a female-slave.”
Malik said, “The muslim slave-girl and the christian and jewish free woman also do lian when a free muslim marries one of them and has intercourse with her. That is because Allah – may He be blessed and Exalted, said in His Book, ‘As for those who accuse their wives,’ and they are their wives. This is what is done among us.
Malik said that a man who did the lian with his wife, and then stopped and called himself a liar after one or two oaths and he had not cursed himself in the fifth one, had to be flogged with the hadd-punishment, but they did not have to be separated.
Malik said that if a man divorced his wife and then after three months the woman said, “I am pregnant,” and he denied paternity, then he had to do lian.
Malik said that the husband of a female slave who pronounced the lian on her and then bought her, was not to have intercourse with her, even if he owned her. The sunna which had been handed down about a couple who mutually cursed each other in the lian was that they were never to return to each other.
Malik said that when a man pronounced the lian against his wife before he had consummated the marriage, she only had half of the bride price.
Yaha related to me from Malik that he had heard that Urwa ibn az-Zubayr said that if the child of the woman against whom lian had been pronounced or the child of fornication, died, his mother inherited from him her right in the Book of Allah the Exalted, and his maternal half-brothers had their rights. The rest was inherited by the owners of his mother’s wala’ if she was a freed slave. If she was an ordinary free woman, she inherited her right, his maternal brothers inherited their rights, and the rest went to the muslims.
Malik said,”I heard the same as that from Sulayman ibn Yasar, and it is what I saw the people of knowledge in our city doing.”
Yahya related to me from Malik from Ibn Shihab from Muhammad ibn Abd ar-Rahman ibn Thawban that Muhammad ibn Iyas ibn al-Bukayr said, “A man divorced his wife three times before he had consummated the marriage, and then it seemed good to him to marry her. Therefore, he wanted an opinion, and I went with him to ask Abdullah ibn Abbas and Abu Hurayra on his behalf about it, and they said, ‘We do not think that you should marry her until she has married another husband.’ He protested that his divorcing her had been only once. Ibn Abbas said, ‘You threw away what you had of blessing.’ “
Yahya related to me from Malik from Yahya ibn Said from Bukayr ibn Abdullah al-Ashajj from an-Numan ibn Abi Ayyash al Ansari from Ata ibn Yasar that a man came and asked Abdullah ibn Amr ibn al-As about a man who divorced his wife three times before he had had intercourse with her Ata said, “The divorce of the virgin is one. Abdullah ibn Amr ibn al-As said to me, ‘You say one pronouncement separates her and three makes her haram until she has married another husband.’ “
Yahya related to me from Malik from Yahya ibn Said that Bukayr ibn Abdullah al-Ashajj informed him that Muawiya ibn Abi Ayyash al-Ansari told him that he was sitting with Abdullah ibn az-Zubayr and Asim ibn Umar ibn al-Khattab when Muhammad ibn Iyas ibn al-Bukayr came up to them and said, “A man from the desert has divorced his wife three times before consummating the marriage, what do you think?” Abdullah ibn az-Zubayr said “This is something about which we have no statement. Go to Abdullah ibn Abbas and Abu Hurayra. I left them with A’isha. Ask them and then come and tell us.” He went and asked them. Ibn Abbas said to Abu Hurayra, “Give an opinion, Abu Hurayra! A difficult one has come to you.” Abu Hurayra said, “One pronouncement separates her and three makes her haram until she has married another husband.” Ibn Abbas said the like of that.
Malik said, “That is what is done among us, and when a man marries a woman who has been married before, and he has not had intercourse with her, she is treated as a virgin – one pronouncement separates her and three make her haram until she has married another husband.”
Yahya related to me from Malik from Ibn Shihab that Talha ibn Abdullah ibn Awf said, and he knew that better than them, from Abu Salama ibn Abd ar-Rahman ibn Awf that Abd ar-Rahman ibn Awf divorced his wife irrevocably while he was terminally ill, and Uthman ibn Affan made her an heir after the end of her idda.
Yahya related to me from Malik from Abdullah ibn al-Fadl from al-Araj that Uthman ibn Affan made the wives of ibn Mukmil inherit from him, and he had divorced them while he was terminally ill.
Yahya related to me from Malik that he heard Rabia ibn Abi Abd ar-Rahman say, ”I heard that the wife of Abd ar-Rahman ibn Awf asked him to divorce her. He said, ‘When you have menstruated and are pure, then come to me.’ She did not menstruate until Abd ar-Rahman ibn Awf was ill. When she was purified, she told him and he divorced her irrevocably or made a pronouncement of divorce which was all that he had left over her Abd arRahman ibn Awf was terminally ill at the time, so Uthman ibn Affan made her one of the heirs after the end of her idda.”
Yahya related to me from Malik from Yahya ibn Said that Muhammad ibn Yahya ibn Habban said, “My grandfather Habban had two wives, one from the Hashimites and one from the Ansars. He divorced the Ansariyya while she was nursing, and a year passed and he died and she had still not yet menstruated. She said, ‘I inherit from him. I have not menstruated yet.’ The wives quarrelled and went to Uthman ibn Affan. He decided that she did inherit, and the Hashimiyya rebuked Uthman. He said, ‘This is the practice of the son of your paternal uncle. He pointed this out to us.’ He meant Ali ibn Abi Talib.”
Yahya related to me from Malik that he had heard Ibn Shihab say, “When a man who is terminally ill divorces his wife three times, she inherits from him.”
Malik said, “If he divorces her while he is terminally ill before he has consummated the marriage, she has half of the bride-price and inherits, and she does not have to do an idda. If he consummated the marriage, she has all the dowry and inherits. The virgin and the previously married woman are the same in this situation according to us.”
Yahya related to me from Malik that he had heard that Abd ar-Rahman ibn Awf divorced his wife, and gave her compensation in the form of a slave-girl.
Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, “Every divorced woman has compensation except for the one who is divorced and is allocated a bride-price and has not been touched. She has half of what was allocated to her.”
Yahya related to me from Malik that Ibn Shihab said, “Every divorced woman has compensation.”
Malik said, “I have also heard the same as that from al-Qasim ibn Muhammad.”
Malik said, “There is no fixed limit among us as to how small or large the compensation is.”
Yahya related to me from Malik from Abu’z-Zinad from Sulayman ibn Yasar that Nufay, a mukatab of Umm Salama the wife of the Prophet, may Allah bless him and grant him peace, or her slave, had a free woman as a wife. He divorced her twice, and then he wanted to return to her. The wives of the Prophet, may Allah bless him and grant him peace, ordered him to go to Uthman ibn Affan to ask him about it. He found him at ad-Daraj with Zayd ibn Thabit. He asked them, and they both anticipated him and said, “She is haram for you. She is haram for you.”
Yahya related to me from Malik from Ibn Shihab from Said ibn al-Musayyab that Nufay, a mukatab of Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, divorced his free wife twice, so he asked Uthman ibn Affan for an opinion, and he said, “She is haram for you.”
Yahya related to me from Malik from Abdu Rabbih ibn Said from Muhammad ibn Ibrahim ibn al-Harith at-Taymi that Nufay, a mukatab of Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, asked Zayd ibn Thabit for an opinion. He said, “I have divorced my free wife twice.” Zayd ibn Thabit said, “She is haram for you.”
Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, “When the slave divorces his wife twice, she is haram for him until she has married another husband, whether she is free or a slave. The idda of a free woman is three menstrual periods, and the idda of a slave-girl is two periods.
Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, “If a man gives his slave permission to marry, the divorce is in the hand of the slave, and nobody else has any power over his divorce. Nothing is held against a man who takes the slave-girl of his male slave or the slave-girl of his female-slave.”
Malik said, “Neither a free man nor a slave who divorces a slave-girl nor a slave who divorces a free woman, in an irrevocable divorce, is obliged to pay maintenance even if she is pregnant, and he cannot return to her.”
Malik said, “A free man is not obliged to pay for the suckling of his son when he is a slave of other people, nor is a slave obliged to spend his money for what his master owns except with the permission of his master.”
Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that Umar ibn al-Khattab said, “The woman who loses her husband and does not know where he is, waits for four years, then she does idda for four months, and then she is free to marry.”
Malik said, “If she marries after her idda is over, regardless of whether the new husband has consummated the marriage or not, her first husband has no means of access to her.”
Malik said, “That is what is done among us and if her husband reaches her before she has remarried, he is more entitled to her.”
Malik said that he had seen people disapproving of someone who said that one of the people (of knowledge) attributed to Umar ibn al-Khattab that he said, “Her first husband chooses when he comes either her bride-price or his wife.”
Malik said, “I have heard that Umar ibn al-Khattab, speaking about a woman whose husband divorced her while he was absent from her, and then he took her back and the news of his taking her back had not reached her, while the news of his divorcing her had, and so she had married again, said, ‘Her first husband who divorced her has no means of access to her whether or not the new husband has consummated the marriage.’ ”
Malik said, “This is what I like the best of what I heard about the missing man.”
Yahya related to me from Malik from Nafi that Abdullah ibn Umar divorced his wife while she was menstruating in the time of the Messenger of Allah, may Allah bless him and grant him peace, Umar ibn al-Khattab asked the Messenger of Allah, may Allah bless him and grant him peace, about it. The Messenger of Allah, may Allah bless him and grant him peace, said, “Go and tell him to take her back and keep her until she is purified and then has a period and then is purified. Then if he wishes, he an keep her, and if he wishes he should divorce her before he has intercourse with her. That is the idda which Allah has commanded for women who are divorced.”
Yahya related to me from Malik from Ibn Shihab from Urwa ibn az-Zubayr from A’isha, umm al-muminin, that she took Hafsa ibn Abd ar-Rahman ibn Abi Bakr as-Siddiq into her house when she had entered the third period of her idda. Ibn Shihab said, “That was mentioned to Amra bint Abd ar-Rahman, and she said that Urwa had spoken the truth and people had argued with A’isha about it. They said that Allah, the Blessed, the Exalted, said in His Book, ‘Three quru.’ A’isha said, ‘You spoke the truth. Do you know what quru are? Quru are times of becoming pure after menstruation .’ “
Yahya related to me from Malik that Ibn Shihab said that he heard Abu Bakr ibn Abd ar-Rahman say, “I have never seen any of our fuqaha who did not say that this was what the statement of A’isha meant.”
Yahya related to me from Malik from Nafi and Zayd ibn Aslam from Sulayman ibn Yasar that al-Ahwas died in Syria when his wife had begun her third menstrual period after he had divorced her. Muawiya ibn Abi Sufyan wrote and asked Zayd ibn Thabit about that. Zayd wrote to him, “When she began her third period, she was free from him and he was free from her, and he does not inherit from her nor she from him.”
Yahya related to me from Malik that he had heard that Abu Bakr ibn Abd ar-Rahman and Sulayman ibn Yasar and Ibn Shihab used to say, “When the divorced woman enters the beginning of her third period, she is clearly separated from her husband and there is no inheritance between them and he has no access to her.”
Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, “When a man divorces his wife and she begins her third period, she is free from him and he is free from her.”
Malik said, “This is how things are done among us.”
Yahya related to me from Malik from al-Fudayl ibn Abi Abdullah, the mawla of al-Mahri that al-Qasim ibn Muhammad and Salim ibn Abdullah said, “When a woman is divorced and begins her third period, she is clearly separated from him and is free to marry again.”
Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Ibn Shihab and Sulayman ibn Yasar all said, “The idda of the woman with a khul divorce is three periods.”
Yahya related to me from Malik that he heard Ibn Shihab say, “The idda of the divorced woman is reckoned by the menstrual cycles even if she is estranged .” (The reason the idda is normally reckoned by the menstrual cycle is to see whether the woman is pregnant or not.)
Yahya related to me from Malik from Yahya ibn Said from a man of the Ansar that his wife asked him for a divorce, and he said to her, “When you have had your period, then tell me.” When she had her period, she told him. He said, “When you are purified then tell me.” When she was purified, she told him and he divorced her.
Malik said, “This is the best of what I have heard about it.”
Yahya related to me from Malik thal Yahya ibn Said heard al-Qasim ibn Muhammad and Sulayman ibn Yasar both mention that Yahya ibn Said ibn al-As divorced the daughter of Abd ar-Rahman ibn al-Hakam irrevocably, so Abd ar-Rahman ibn al-Hakam took her away A’isha umm al-muminin sent to Marwan ibn al-Hakam who was the Amir of al-Madina at that time. She said, “Fear Allah and make him return the woman to her house.” Marwan said in what Sulayman related, ”Abd ar-Rahman has the upper hand over me.” Marwan said in what al-Qasim related, “Hasn’t the affair of Fatima bint Qays reached you?” A’isha said, “You are forced to mention the story of Fatima ” Marwan said, “If you know that evil, whatever evil there was between those two is enough for you.” (See hadith 67.)
Yahya related to me from Malik from Nafi that the daughter of Said ibn Zayd ibn Amr ibn Nufayl was the wife of Abdullah ibn Umar ibn Uthman ibn Affan, and he divorced her irrevocably and she moved out. Abdullah ibn Umar rebuked her for that.
Yahya related to me from Malik from Nafi that Abdullah ibn Umar divorced one of his wives in the house of Hafsa, the wife of the Prophet, may Allah bless him and grant him peace, while he was on the way to the mosque. He went another route from behind the houses being averse to ask permission to enter until he returned to her.
Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab was asked who was obliged to pay the rent for a woman whose husband divorced her while she was in a leased house. Said ibn al-Musayyab said, “Her husband is obliged to pay it.” Someone asked, “what if her husband does not have it?” He said, “Then she must pay it.” Someone asked, “And if she does not have it?” He said, “Then the Amir must pay it.”
Yahya related to me from Malik from Abdullah ibn Yazid, the mawla of al-Aswad ibn Sufyan from Abu Salama ibn Abd ar-Rahman ibn Awf from Fatima bint Qays that Abu Amr ibn Hafs divorced her absolutely while he was away in Syria. His agent sent her some barley and she was displeased with it, saying, “By Allah, I don’t expect anything from you.” She went to the Messenger of Allah, may Allah bless him and grant him peace, and mentioned it to him. He said, “You have no maintenance.” He then ordered her to spend her idda in the house of Umm Sharik. Then he said, “This is a woman whom my companions visit. Spend the idda in the house of Ibn Umm Maktum. He is a blind man and you can undress at his home. When you are free to remarry, tell me.”
She continued, “When I was free to remarry, I mentioned to him that Muawiya ibn Abi Sufyan and Abu Jahm ibn Hisham had asked for me in marriage. The Messenger of Allah, may Allah bless him and grant him peace, said, ‘As for Abu Jahm, he never puts down his stick from his shoulder (i.e. he is always travelling), and as for Muawiya he is a poor man with no property. Marry Usama ibn Zayd.’ I objected to him and he said, ‘Marry Usama ibn Zayd,’ so I married him, and Allah put good in it and I was content with him.”
Yahya related to me from Malik that he heard Ibn Shihab say, “The woman who is absolutely divorced does not leave her house until she is free to remarry. She has no maintenance unless she is pregnant. In that circumstance the husband spends on her until she gives birth.”
Malik said, “This is what is done among us.”
Malik said, “What is done among us when a slave divorces a slave-girl when she is a slave and then she is set free, is that her idda is the idda of a slave-girl, and her being set free does not change her idda whether or not he can still return to her. Her idda is not altered.”
Malik added, “The hadd-punishment which a slave incurs is the same as this. When he is freed after he has incurred but before the punishment has been executed, his hadd is the hadd of the slave.”
Malik said, “When a free man divorces a slave-girl three times, her idda is two periods. When a slave divorces a free woman twice, her idda is three periods.”
Malik said about a man who had a slave-girl as a wife, and he bought her and set her free, ”Her idda is the idda of a slave-girl, i.e. two periods, as long as he has not had intercourse with her. If he has had intercourse with her after buying her and before he set her free, she only has to wait until one period has passed . “
Yahya related to me from Malik from Yahya ibn Said and from Yazid ibn Abdullah ibn Qusayt al-Laythi that Said ibn al-Musayyab said, ”Umar ibn al-Khattab said, ‘If a woman is divorced and has one or two periods and then stops menstruating, she must wait nine months. If it is clear that she is pregnant, that is that. If not, she must do an idda of three months after the nine, and then she is free to marry.’ ”
Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab said, “Divorce belongs to men, and women have the idda.”
Yahya related to me from Malik from Ibn Shihab that Said ibn al-Musayyab said, “The idda of the woman who bleeds constantly is a year.”
Malik said, “What is done among us about a divorced woman whose periods stop when her husband divorces her is that she waits nine months. If she has not had a period in them, she has an idda of three months. If she has a period before the end of the three months, she accepts the period. If another nine months pass without her having a period, she does an idda of three months. If she has a second period before the end of those three months, she accepts the period. If nine months then pass without a period, she does an idda of three months. If she has a third period, the idda of the period is complete. If she does not have a period, she waits three months, and then she is free to marry. Her husband can return to her before she becomes free to marry unless he made her divorce irrevocable.”
Malik said, “The sunna with us is that when a man divorces his wife and has the option to return to her, and she does part of her idda and then he returns to her and then parts from her before he has had intercourse with her, she does not add to what has passed of her idda. Her husband has wronged himself and erred if he returned to her and had no need of her.”
Malik said, “What is done among us is that if a woman becomes a muslim while her husband is a kafir and then he becomes muslim, he is entitled to her as long as she is in her idda. If her idda is finished, he has no access to her. If he remarries her after the end of her idda, however, that is not counted as divorce. Islam removed her from him without divorce.”
Yahya related to me from Malik that he had heard that Ali ibn Abi Talib said about the two arbiters about whom Allah, the Exalted, said,”If you fear a breach between the two, appoint an arbiter from his people, and an arbiter from her people. If they desire to set things aright, Allah will make peace between them, surely Allah is Knowing, Aware,” (Sura 4 ayat 35), that the separation and the joining were overseen by the two of them.
Malik said, “That is the best of what I have heard from the people of knowledge. Whatever the two arbiters say concerning separation or joining is taken into consideration “
Yahya related to me from Malik that he had heard that Umar ibn al-Khattab, Abdullah ibn Umar, Abdullah ibn Masud, Salim ibn Abdullah, al-Qasim ibn Muhammad, Ibn Shihab,and Sulayman ibn Yasar all said, “If a man has vowed to divorce his wife before marrying her and then he breaks his vow, divorce is obligatory for him when he marries her.”
Yahya related to me from Malik that he had heard that Abdullah ibn Masud said that there was nothing binding on someone who said, “Every woman I marry is divorced,” if he did not name a specific tribe or woman.
Malik said, “That is the best of what I have heard.”
Malik said about a man saying to his wife, “You are divorced, and every woman I marry is divorced,” or that all his property would be sadaqa if he did not do such-and-such, and he broke his oath: “As for his wives, it is divorce as he said, and as for his statement, ‘Every woman I marry is divorced’, if he did not name a specific woman, tribe, or land, or such, it is not binding on him and he can marry as he wishes. As for his property, he gives a third of it away as sadaqa.”
Yahya related to me from Malik from Ibn Shihab that Said ibn al-Musayyab said, “If someone marries a woman and cannot have intercourse with her, there is a deadline of a year set for him to have intercourse with her. If he does not, they are separated.”
Yahya related to me from Malik that he had asked Ibn Shihab about whether the deadline was set from the day he had married her, or from the day she raised the question before the Sultan. He said. ‘It is from the day she presents it before the Sultan.’
Malik said, “As for someone who has intercourse with his wife and then is prevented from intercourse with her, I have not heard that there is a deadline set for him or that they are separated.”
Yahya related to me from Malik that Ibn Shihab said, “I have heard that the Messenger of Allah, may Allah bless him and grant him peace, said to a man from Thaqif who had ten wives when he became muslim, ‘Take four and separate from the rest.’ “
Yahya related to me from Malik that Ibn Shihab said that he had heard Said ibn al-Musayyab, Humayd ibn Abd ar-Rahman ibn Awf, Ubaydullah ibn Abdullah ibn Utba ibn Masud, and Sulayman ibn Yasarall say, that they had heard Abu Hurayra say that he had heard Umar ibn al-Khattab say, “If a woman is divorced by her husband once or twice, and he leaves her until she is free to marry and she marries another husband and he dies or divorces her, and then she marries her first husband, she is with him according to what remains of her divorce.”
Malik said, “That is what is done among us and there is no dispute about it.”
Yahya related to me from Malik from Thabit ibn al-Ahnaf that he married an umm walad of Abd ar-Rahman ibn Zayd ibn al-Khattab. He said, “Abdullah ibn Abd ar-Rahman ibn Zayd ibn al-Khattab summoned me and I went to him. I came in upon him and there were whips and two iron fetters placed there, and two of his slaves whom he had made to sit there. He said, ‘Divorce her, or by He by whom one swears, I will do such-and-such to you!’ I said, ‘It is divorce a thousand times.’ Then I left him and I saw Abdullah ibn Umar on the road to Makka and I told him about my situation. Abdullah ibn Umar was furious, and said, ‘That is not divorce, and she is not haram for you, so return to your home.’ I was still not at ease so I went to Abdullah ibn az-Zubayr who was the Amir of Makka at that time. I told him about my situation and what Abdullah ibn Umar had said to me. Abdullah ibn az-Zubayr said to me, ‘She is not haram for you, so return to your home,’ and he wrote to Jabir ibn al-Aswad az-Zuhra who was the Amir of Madina and ordered him to punish Abdullah ibn Abdar-Rahman and to have him leave me and my family alone. I went to Madina, and Safiyya, the wife of Abdullah ibn Umar fitted out my wife so that she could bring her to my house with the knowledge of Abdullah ibn Umar. Then I invited Abdullah ibn Umar on the day of my wedding to the wedding feast and he came.”
Yahya related to me from Malik that Abdullah ibn Dinar said, “I heard Abdullah ibn Umar recite from the Qur’an, ‘Prophet! When you divorce women, divorce them at the beginning of their idda.’”
Malik said, “He meant by that, to make one pronouncement of divorce at the beginning of each period of purity.”
Yahya related to me from Malik from Hisham ibn Urwa that his father said, “It used to be that a man would divorce his wife and then return to her before her idda was over, and that was alright, even if he divorced her a thousand times. The man went to his wife and then divorced her and when the end of her idda was in sight, he took her back and then divorced her and said, ‘No! By Allah, I will not go to you and you will never be able to marry again.’ Allah, the Blessed, the Exalted, sent down, ‘Divorce is twice, then honourable retention or setting free kindly.’ People then turned towards divorce in a new light from that day whether or not they were divorced or not divorced.”
Yahya related to me from Malik from Thawr ibn Zayd ad-Dili that Allah, the Blessed, the Exalted, sent down about a man who divorced his wife and then returned to her while he had no need of her and did not mean to keep her so as to make the idda period long for her by that in order to do her harm, “Do not retain them by force, to transgress. Whoever does that has wronged himself.” (Sura 2 ayat 231). Allah warns them by that ayat.
Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar were asked about a man who divorced when he was drunk. They said, “When a drunk man divorces, his divorce is allowed. If he kills, he is killed for it.”
Malik said, “That is what is done among us.”
Yahya related to me from Malik that he had heard that Said ibn al-Musayyab said, “If a man does not find the means to spend on his wife, they are to be separated . ”
Malik said, “That is what I saw the people of knowledge in our city doing.”
29.30 Idda of Widows when Pregnant
Yahya related to me from Malik from Abdu Rabbih ibn Said ibn Qays that Abu Salama ibn Abd ar-Rahman said that Abdullah ibn Abbas and Abu Hurayra were asked when a pregnant woman whose husband had died could remarry. Ibn Abbas said, “At the end of two periods.” Abu Hurayra said, “When she gives birth, she is free to marry.” Abu Salama ibn Abd ar-Rahman visited Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, and asked her about it Umm Salama said, ”Subaya al-Aslamiya gave birth half a month after the death of her husband, and two men asked to marry her. One was young and the other was old. She preferred the young man and so the older man said, ‘You are not free to marry yet.’ Her family were away and he hoped that when her family came, they would give her to him. She went to the Messenger of Allah, may Allah bless him and grant him peace, and he said, ‘You are free to marry, so marry whomever you wish.’ “
Yahya related to me from Malik from Nafi that Abdullah ibn Umar was asked about a woman whose husband died while she was pregnant, and he said, “When she gives birth, she is free to marry.” A man of the Ansar who was with him told him that Umar ibn al-Khattab had said, “Had she given birth while her husband was still on his bed, unburied, she would be free to marry.”
Yahya related to me from Malik from Hisham ibn ‘Urwa from his father that al-Miswar ibn Makhrama told him that Subaya al-Aslamiya gave birth a few nights after the death of her husband. The Messenger of Allah, may Allah bless him and grant him peace, said to her, “You are free to marry, so marry whomever you wish.”
Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that Abdullah ibn Abbas and Abu Salama ibn Abd ar-Rahman ibn Awf differed on the question of a wornan who gave birth a few nights after the death of her husband. Abu Salama said, “When she gives birth to the child she is carrying, she is free to marry.” Ibn Abbas said, “At the end of two periods.” Abu Hurayra came and said, “I am with my nephew”, meaning Abu Salama. They sent Kurayb, a mawla of Abdullah ibn Abbas to Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, to ask her about it. He came back and told them that she had said that Subaya al-Aslamiya had given birth a few nights after the death of her husband, and she had brought the matter to the Messenger of Allah, may Allah bless him and grant him peace, and he had said, “You are free to marry, so marry whomever you wish.”
Malik said, “This is how the people of knowledge here continue to act.”
29.31 Widows Remaining in Their Houses until Free to Marry
Yahya related to me from Malik from Said ibn Ishaq ibn Kab ibn Ujra from his paternal aunt, Zaynab bint Kab ibn Ujra that al-Furaya bint Malik ibn Sinan, the sister of Abu Said al-Khudri, informed her that she went to the Messenger of Allah, may Allah bless him and grant him peace, and asked to be able to return to her people among the Banu Khudra since her husband had gone out in search of some of his slaves who had run away and he had caught up with them near al-Qudum, (which is 6 miles from Madina), and they had killed him.
She said, “I asked the Messenger of Allah, may Allah bless him and grant him peace, if I could return to my people in the Banu Khudra, as my husband had not left me in a dwelling which belonged to him, and had left me no maintenance. The Messenger of Allah, may Allah bless him and grant him peace, said,’Yes.’ So I left. When I was in the courtyard, the Messenger of Allah, may Allah bless him and grant him peace, called me or summoned me, and I answered him. He said, ‘What did you say?’ I repeated the story about my husband. He said, ‘Stay in your house until what is written reaches its term.’ I did the idda in the house for four months and ten days.”
She added, “When Uthman ibn Affan sent for me, I told him that, and he followed it and made decisions by it.”
Yahya related to me from Malik from Humayd ibn Qays al-Makki from Amr ibn Shuayb from Said ibn al-Musayyab that Umar ibn al-Khattab sent back widows from the desert and prevented them from doing the hajj.
Yahya related to me from Malik from Yahya ibn Saqd that he had heard that as-Sa’ib ibn Khabbab died, and his wife went to Abdullah ibn Umar and mentioned to him that her husband had died and mentioned some land which they had at Qanah, (a district on the outskirts of Madina), and asked him if it would be alright for her to stay overnight there. He forbade her to do so. So, she went out before dawn from Madina and spent the whole day on their land, but when evening came, she spent the night in her house.
Yahya related to me from Malik that Hisham ibn Urwa said about a Bedouin woman whose husband died, that she was to stay where her people stayed.
Malik said, “This is what is done among us.”
Yahya related to me from Malik from Nafi that Abdullan ibn Umar said, “The only place a woman whose husband has died and a woman who is absolutely divorced can spend the night is in their houses.”
Yahya related to me from Malik that Yahya ibn Said said that he had heard al-Qasim ibn Muhammad say that Zayd ibn Abd al-Malik separated some men and their wives who were slave-girls who had borne children to men who had died, because they had married them after one or two menstrual periods. He separated them until they had done an idda of four months and ten days. Al-Qasim ibn Muhammad said, “Glory be to Allah! Allah says in His Book, ‘Those of you who die, leaving wives, they are not wives.’ “
Malik related to me from Nafi that Abdullah ibn Umar said, “The idda of an umm walad when her master dies is one menstrual period.”
Yahya related to me from Malik from Yahya ibn Said that al-Qasim ibn Muhammad said, “The idda of an umm walad when her master dies is one menstrual period.”
Malik said, “This is what is done among us.”
Malik added, “If she does not have a menstrual period, her idda is three months.”
Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar said, “The idda of a slave-girl when her husband dies is two months and five days.”
Yahya related to me the like of that from Malik from Ibn Shihab.
Malik said, about a slave who divorced a slave-girl but did not make it absolute, “He can return to her. If he then dies while she is still in the idda from her divorce, she does the idda of a slave-girl whose husband dies, and it is two months and five days. If she has been set free and he can return to her, and she does not choose to separate after she has been set free, and he dies while she is in the idda from the divorce, she does the idda of a free woman whose husband has died, four months and ten days. That is because the idda of widowhood befell her while she was free, so her idda is the idda of a free woman.”
Malik said, “That is what is done among us.”
Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from Muhammad ibn Yahya ibn Habban that Ibn Muhayriz said, “I went into the mosque and saw Abu Said al-Khudri and so I sat by him and asked him about coitus interruptus. Abu Said al-Khudri said, ‘We went out with the Messenger of Allah, may Allah bless him and grant him peace, on the expedition to the Banu al-Mustaliq. We took some Arabs prisoner, and we desired the women as celibacy was hard for us. We wanted the ransom, so we wanted to practise coitus interruptus. We said, ‘Shall we practise coitus interruptus while the Messenger of Allah, may Allah bless him and grant him peace, is among us before we ask him?’ We asked him about that and he said, ‘You don’t have to not do it. There is no self which is to come into existence up to the Day of Rising but that it will come into existence.’ “
Yahya related to me from Malik from Abu’n-Nadr, the mawla of Umar ibn Ubaydullah from Amir ibn Sad ibn Abi Waqqas from his father that he used to practise coitus interruptus.
Yahya related to me from Malik from Abu’n-Nadr, the mawla of Umar ibn Ubaydullah from Ibn Aflah, the mawla of Abu Ayyub al-Ansari from an umm walad of Abu Ayyubal-Ansari that he practised coitus interruptus.
Yahya related to me from Malik from Nafi that Abdullah ibn Umar did not practise coitus interruptus and thought that it was disapproved.
Yahya related to me from Malik from Damra ibn Said al-Mazini from al-Hajjaj ibn Amr ibn Ghaziya that he was sitting with Zayd ibn Thabit when Ibn Fahd came to him. He was from the Yemen. He said, “Abu Said! I have slave-girls. None of the wives in my keep are more pleasing to me than them, and not all of them please me so much that I want a child by them, shall I then practise coitus interruptus?” Zayd ibn Thabit said, “Give an opinion, Hajjaj!” “I said, ‘May Allah forgive you! We sit with you in order to learn from you!’ He said, ‘Give an opinion! ‘I said, ‘She is your field, if you wish, water it, and if you wish, leave it thirsty. I heard that from Zayd.’ Zayd said, ‘He has spoken the truth.’ “
Yahya related to me from Malik from Humayd ibn Qays al-Makki that a man called Dhafif said that Ibn Abbas was asked about coitus interruptus. He called a slave-girl of his and said, “Tell them.” She was embarrassed. He said, “It is alright, and I do it myself.”
Malik said, “A man does not practise coitus interruptus with a free woman unless she gives her permission. There is no harm in practising coitus interruptus with a slave-girl without her permission. Someone who has someone else’s slave-girl as a wife, does not practise coitus interruptus with her unless her people give him permission.”
Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm from Humayd ibn Nafi that Zaynab bint Abi Salama related these three traditions to him. Zaynab said, “I visited Umm Habiba, the wife of the Prophet, may Allah bless him and grant him peace, when her father Abu Sufyan ibn Harb had died. Umm Habiba called for a yellowy perfume perhaps khaluq or something else. She rubbed the perfume first on a slave-girl and she then wiped it on the sides of her face and said, ‘By Allah! I have no need of perfume but I heard the Messenger of Allah, may Allah bless him and grant him peace, say, ‘It is not halal for a woman who trusts in Allah and the Last Day to abstain from adornment in mourning for someone who has died, for more than three nights, except for four months and ten days for a husband.’ “
Zaynab said, “I went to the house of Zaynab bint Jahsh, the wife of the Prophet, may Allah bless him and grant him peace, when her brother had died. She called for perfume and put some on and said, ‘By Allah! I have no need of perfume, but I heard the Messenger of Allah, may Allah bless him and grant him peace, say, ‘It is not halal for a woman who trusts in Allah and the Last Day to abstain from adornment in mourning for someone who has died for more than three nights, except for four months and ten days for a husband.’ “
Zaynab said, “I heard my mother, Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, say that a woman came to the Messenger of Allah, may Allah bless him and grant him peace, and said, ‘Messenger of Allah! My daughter’s husband died, and her eyes are troubling her, can she put kohl on them?’ The Messenger of Allah, may Allah bless him and grant him peace, said, ‘No’ two or three times. Then he said, ‘It is only four months and ten days. In the Jahiliyya, none of you threw away the piece of dung until a year had passed.’ ”
Humayd ibn Nafi said, “I asked Zaynab to explain what ‘throwing away the piece of dung at the end of a year’ meant. Zaynab said, ‘In the Jahiliyya when a woman’s husband died, she went into a small tent and dressed in the worst of clothes. She did not touch perfume or anything until a year had passed. Then she was brought an animal – a donkey, a sheep, or a bird, and she would break her idda with it, by rubbing her body against it (taftaddu). Rarely did she break her idda with anything (by rubbing herself against it) but that it died. Then she would come out and would be given a piece of dung. She would throw it away and then return to whatever she wished of perfumes or whatever.’ ”
Malik explained, ‘Taftaddu’ means to wipe her skin with it in the same way as with a healing charm.”
Yahya related to me from Malik from Nafi from Safiyya bint Abi Ubayd from A’isha and Hafsa, the wives of the Prophet, may Allah bless him and grant him peace, that the Messenger of Allah, may Allah bless him and grant him peace, said, “It is not halal for a woman in mourning for someone who has died, if she trusts in Allah and the Last Day, to abstain from adornment for more than three nights, except for a husband.”
Yahya related to me from Malik that he had heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, said to a woman in mourning for her husband whose eyes were troubling her and the pain had become very strong, “Apply jala kohl at night and wipe it off in the day.”
Yahya related to me from Malik that he had heard that Salim ibn Abdullah and Sulayman ibn Yasar said that if a woman whose husband had died feared that an inflammation of her eyes might affect her sight or that some complaint might befall her, she should put kohl on and seek a remedy with kohl or some other cure even if it had perfume in it.
Malik said, “If there is a necessity, the deen of Allah is ease.”
Yahya related to me from Malik from Nafic that Saffiyya bint Abi Ubayd suffered from an eye-complaint while she was in mourning for her husband, Abdullah ibn Umar. She did not apply kohl until her eyes almost had ramas (a dry white secretion in the corners of the eye).
Malik said, “A woman whose husband has died should anoint her eyes with olive oil and sesame oil and the like of that since there is no perfume in it.”
Malik said, “A woman in mourning for her husband should not put on any jewellery – rings, anklets, or such-like, neither should she dress in any sort of colourful, striped garment unless it is coarse. She should not wear any cloth dyed with anything except black, and she should only dress her hair with things like lotus-tree leaves which do not dye the hair.”
108 Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, visited Umm Salama while she was in mourning for Abu Salama and she had put aloes on her eyes. He said, “What is this, Umm Salama?” She said, “It is only aloes, Messenger of Allah.” He said, “Put it on at night and wipe it off in the daytime.”
Malik said, “The mourning of a young girl who has not yet had a menstrual period takes the same form as the mourning of one who has had a period. She avoids what a mature woman avoids if her husband dies.”
Malik said, “A slave-girl mourns her husband when he dies for two months and five nights like her idda.”
Malik said, “An umm walad does not have to mourn when her master dies, and a slave-girl does not have to mourn when her master dies. Mourning is for those with husbands.”
Yahya related to me from Malik that he had heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, said, “A mourning woman can rub her head with lotus leaves and olive oil.”
From the Haul of Imam Abdullah Alhaddad 2009M/1430H held in Masjid Baitul Aman and MasjidAl-Bukhary (24-25 October 2009)
From the Haul of Imam Abdullah Alhaddad 2009M/1430H held in Masjid Baitul Aman and MasjidAl-Bukhary (24-25 October 2009)
INTRODUCTION
The penal laws of Islam are called Hudud in the Hadith and Fiqh. This word is the plural of Hadd, which means prevention, hindrance, restraint, prohibition, and hence a restrictive ordinance or statute of God, respecting things lawful and unlawful.
Punishments are divided into two classes, one of which is called Hadd and the other Ta’zir. The Hadd is a measure of punishment defined by the Qur’an and the Sunnah. In Ta’zir, the court, is allowed to use its discretion in regard to the form and measure in which such punishment is to be inflicted.
Punishments by way of Hadd are of the following forms: death by stoning, amputation of a limb or limbs, flogging by one hundred or eighty strokes. They are prescribed respectively for the following offences: adultery committed by married persons, theft, highway robbery, drunkenness and slander imputing unchastity to women.
The punishments described above are the maximum punishments for the above mentioned crimes. These can be reduced keeping in view the circumstances in which the crimes were committed, the nature of the evidence, and the motive of the criminal with which he committed the crime.
Chapter 1: PUNISHMENT FOR THEFT AND THE MINIMUM LIMIT ACCORDING TO WHICH IT IS IMPOSED UPON AN OFFENDER
‘A’isha reported that Allah’s Messenger (may peace be upon him) cut off the hand of a thief for a quarter of a dinar rid upwards.
This hadith has been transmitted on the authority of Zuhri.
‘A’isha reported Allah’s Messenger (may peace be upon him) as saying: The hand of a thief should not be cut off but for a quarter of a dinar and upwards.
‘A’isha reported: I heard Allah’s Messenger (may peace be upon him) as saying: The hand (of a thief) should not be cut off but for a quarter of a dinar and what is above that.
‘A’isha reported that she heard Allah’s Apostle (may peace be upon him) as saying: The hand of the thief may not be cut off but for a quarter of a dinar and upwards.
A hadith like this has been narrated on the authority of Yazid b. ‘Abdullah b. al-Had with the same chain of transmitters.
‘A’isha reported that during the lifetime of Allah’s Messenger (may peace be upon him) the hand of the thief was not cut off for less than the price of a shield, iron coat or armour and both of them are valuable.
This hadith has been narrated on the authority of Hisham through another chain of transmitters, and in the hadith narrated by ‘Abd al-Rahim and Abu Usama (the words are):” That (the shield) was valuable those days.”
Ibn ‘Umar reported that Allah’s Messenger (may peace upon him) cut off the hand of a thief (in case of the theft) of a shield the price of which was three dirhams.
This hadith has been narrated on the authority of Ibn ‘Umar through some other chains of transmitters but with a slight variation of words.
Abu Huraira reported Allah’s Messenger (may peace be upon him) as saying: Let there be the curse of Allah upon the thief who steals an egg and his hand is cut off, and steals a rope and his hand is cut off.
This hadith is narrated on the authority of A’mash with the same chain of transmitters with a slight variation of words.
Chapter 2: PROHIBITION OF IN RERCESSION REGARDING PRESCRIBED PUNISHMENT FOR THEFT AND OTHER (CRIMES) IN CASE OF IMPORTANT PERSONS
‘A’isha reported that the Quraish had been anxious about the Makhzumi woman who had committed theft, and said: Who will speak to Allah’s Messenger (may peace be upon him) about her? They said: Who dare it, but Usama, the loved one of Allah’s Messenger (may peace be upon him)? So Usama spoke to him. Thereupon Allah’s Messenger (may peace be upon him) said: Do you intercede regarding one of the punishments prescribed by Allah? He then stood up and addressed (people) saying: O people, those who have gone before you were destroyed, because if any one of high rank committed theft amongst them, they spared him; and it anyone of low rank committed theft, they inflicted the prescribed punishment upon him. By Allah, if Fatima, daughter of Muhammad, were to steal, I would have her hand cut off. In the hadith transmitted on the authority of Ibn Rumh (the words are):” Verily those before you perished.”
‘A’isha, the wife of Allah’s Apostle (may peace be upon him), reported that the Quraish were concerned about the woman who had committed theft during the lifetime of Allah’s Apostle (may peace be upon him), in the expedition of Victory (of Mecca). They said: Who would speak to Allah’s Messenger (may peace be upon him) about her? They (again) said: Who can dare do this but Usama b Zaid, the loved one of Allah’s Messenger (may peace be upon him)? She was brought to Allah’s Messenger (may peace be upon him) and Usama b. Zaid spoke about her to him (interceded on her behalf). The colour of the face of Allah’s Messenger (may peace be upon him) changed, and he said: Do you intercede in one of the prescribed punishments of Allah? He (Usama) said: ‘Messenger of Allah, seek forgiveness for me. When it was dusk. Allah’s Messenger (may peace be upon him) stood up and gave an address. He (first) glorified Allah as He deserves, and then said: Now to our topic. This (injustice) destroyed those before you that when any one of (high) rank committed theft among them, they spared him, and when any weak one among them committed theft, they inflicted the prescribed punishment upon him. By Him in Whose Hand is my life, even if Fatima daughter of Muhammad were to commit theft, I would have cut off her hand. He (the Holy Prophet) then commanded about that woman who had committed theft, and her hand was cut off. ‘A’isha (further) said: Hers was a good respentance, and she later on married and used to come to me after that, and I conveyed her needs (and problems) to Allah’s Messenger (may peace be upon him).
‘A’isha reported that a woman from the tribe of Makhzum used to borrow things (from people) and then denied (having taken them). Allah’s Apostle (may peace be upon him) commanded her hand to be cut off. Her relatives came to Usama b. Zaid and spoke to him (requesting him to intercede on her behalf). He spoke to Allah’s Messenger (may peace be upon him) about her. The rest of the hadith is the same.
Jaibir reported that a woman from the tribe of Makhzum committed theft. She was brought to Allah’s Apostle (may peace be upon him) and she sought refuge (intercession) from Umm Salama, the wife of Allah’s Apostle (may peace be upon him). Thereupon Allah’s Apostle (may peace be upon him) said: By Allah, even if she were Fatima, I would have her hand cut off. And thus her hand was cut off.
Chapter 3: PRESCRIBED PUNISHMENT FOR AN ADULTERER AND AN ADULTERESS
‘Ubada b. as-Samit reported: Allah’s Messenger (may peace be upon him) as saying: Receive (teaching) from me, receive (teaching) from me. Allah has ordained a way for those (women). When an unmarried male commits adultery with an unmarried female (they should receive) one hundred lashes and banishment for one year. And in case of married male committing adultery with a married female, they shall receive one hundred lashes and be stoned to death.
‘Ubada b. as-Samit reported that whenever Allah’s Apostle (may peace be upon him) received revelation, he felt its rigour and the complexion of his face changed. One day revelation descended upon him, he felt the same rigour. When it was over and he felt relief, he said: Take from me. Verily Allah has ordained a way for them (the women who commit fornication),: (When) a married man (commits adultery) with a married woman, and an unmarried male with an unmarried woman, then in case of married (persons) there is (a punishment) of one hundred lashes and then stoning (to death). And in case of unmarried persons, (the punishment) is one hundred lashes and exile for one year.
This hadith has been reported on the authority of Qatada with the same chain of transmitters except with this variation that the unmarried is to be lashed and exiled, and the married one is to be lashed and stoned. There is neither any mention of one year nor that of one hundred.
Chapter 4: STONING OF A MARRIED ADULTERER
‘Abdullah b. ‘Abbas reported that ‘Umar b. Khattab sat on the pulpit of Allah’s Messenger (may peace be upon him) and said: Verily Allah sent Muhammad (may peace be upon him) with truth and He sent down the Book upon him, and the verse of stoning was included in what was sent down to him. We recited it, retained it in our memory and understood it. Allah’s Messenger (may peace be upon him) awarded the punishment of stoning to death (to the married adulterer and adulteress) and, after him, we also awarded the punishment of stoning, I am afraid that with the lapse of time, the people (may forget it) and may say: We do not find the punishment of stoning in the Book of Allah, and thus go astray by abandoning this duty prescribed by Allah. Stoning is a duty laid down in Allah’s Book for married men and women who commit adultery when proof is established, or it there is pregnancy, or a confession.
This hadith has been narrated on the authority of Zuhri with the same chain of transmitters.
Chapter 5: HE WHO CONFESSES HIS GUILT OF ADULTERY
Abu Huraira reported that a person from amongst the Muslims came to Allah’s Messenger (may peace be upon him) while he was in the mosque. He called him saying: Allah’s Messenger. I have committed adultery. He (the Holy Prophet) turned away from him, He (again) came round facing him and said to him: Allah’s Messenger, I have committed adultery. He (the Holy Prophet) turned away until he did that four times, and as he testified four times against his own self, Allah’s Messenger (may peace be upon him) called him and said: Are you mad? He said: No. He (again) said: Are you married? He said: Yes. Thereupon Allah’s Messenger (may peace be upon him) said: Take him and stone him. Ibn Shihab (one of the narrators) said: One who had heard Jabir b. ‘Abdullah saying this informed me thus: I was one of those who stoned him. We stoned him at the place of prayer (either that of ‘Id or a funeral). When the stones hurt him, he ran away. We caught him in the Harra and stoned him (to death). This hadith has been narrated through another chain of transmitters.
This hadith has been narrated on the authority of Abu Huraira through other chains of transmitters.
Jabir b. Samura reported: As he was being brought to Allah’s Apostle (may peace be upon him) I saw Ma’iz b. Malik-a short-statured person with strong sinews, having no cloak around him. He bore witness against his own self four times that he had committed adultery, whereupon Allah’s Messenger (may peace be upon him) said: Perhaps (you kissed her or embraced her). He said: No. by God, one deviating (from the path of virtue) has committed adultery. He then got him stoned (to death), and then delivered the address: Behold, as we set out for Jihad in the cause of Allah, one of you lagged behind and shrieked like the bleating of a male goat, and gave a small quantity of milk. By Allah, in case I get hold of him, I shall certainly punish him.
Jabir b. Samura reported that there was brought to Allah’s Messenger (may peace be upon him) a short-statured person with thick uncombed hair, muscular body, having a mantle around him and he had committed adultery. He turned him away twice and then made pronouncement about him and he was stoned. Then Allah’s Messenger (may peace be upon him) said: We set out for Jihad in the cause of Allah and one of you lagged behind and shrieked like the bleating of a male goat and one of then (goats’ gave a small quantity of milk. In case Allah gives me power over one of them, I will punish him (in such a way that it may have a deterrent effect upon others). In another narration transmitted on the authority of Sa’id b Jubair (the words are), that He (the Holy Prophet) turned him away four times.”
This hadith has been narrated on the authority of Jabir b. Samura through another chain of transmitters with the difference that along with the mentioning (of the fact) that he (the Holy Prophet) turned him away twice, or thrice.
Ibn Abbas reported that Allah’s Apostle (may peace be upon him) said to Ma’iz b. Malik: Is it true what has reached me about you? He said: What has reached you about me? He said: It has reached me that you have committed (adultery) with the slave-girl of so and so? He said: Yes. He (the narrator) said: He testified four times. He (the Holy Prophet) then made pronouncement about him and he was stoned (to death).
Abu Sa’id reported that a person belonging to the clan of Aslam, who was called Ma, iz b. Malik, came to Allah’s Messenger (may peace be upon him) and said: I have committed immorality (adultery), so inflict punishment upon me. Allah’s Apostle (may peace be upon him) turned him away again and again. He then asked his people (about the state of his mind). They said: We do not know of any ailment of his except that he has committed something about which he thinks that he would not be able to relieve himself of its burden but with the Hadd being imposed upon him. He (Ma’iz) came back to Allah’s Apostle (may peace be upon him) and he commanded us to stone him. We took him to the Baqi’ al-Gharqad (the graveyard of Medina). We neither tied him nor dug any ditch for him. We attacked him with bones, with clods and pebbles. He ran away and we ran after him until he came upon the ston ground (al-Harra) and stopped there and we stoned him with heavy stones of the Harra until he became motionless (lie died). He (the Holy Prophet) then addressed (us) in the evening saying Whenever we set forth on an expedition in the cause of Allah, some one of those connected with us shrieked (under the pressure of sexual lust) as the bleating of a male goat. It is essential that if a person having committed such a deed is brought to me, I should punish him. He neither begged forgiveness for him nor cursed him.
Dawud narrated the hadith with the same chain of transmitters (and the words are): Allah’s Apostle (may peace be upon him) stood tip (to address the audience) in the evening and praised Allah, glorified Him and then said: What about the people, that as we set out on an expedition, one of you remained behind us and he shrieked like the bleating of a male goat? But he did not mention (these words): People connected with us.”
This hadith has been narrated on the authority of Dawud with the same chain of transmitters but with this variation that in the hadith narrated by Sufyan (the words are):” He made a confession of having committed adultery, thrice.”
Sulaiman b. Buraida reported on the authority of his father that Ma, iz b. Malik came to Allah’s Apostle (may peace be upon him) and said to him: Messenger of Allah, purify me, whereupon he said: Woe be upon you, go back, ask forgiveness of Allah and turn to Him in repentance. He (the narrator) said that he went back not far, then came and said: Allah’s Messenger, purify me. whereupon Allah’s Messenger (may peace be upon him) said: Woe be upon you, go back and ask forgiveness of Allah and turn to Him in repentance. He (the narrator) said that he went back not far, when he came and said: Allah’s Messenger, purify me. Allah’s Apostle (may peace be upon him) said as he had said before. When it was the fourth time, Allah’s Messenger (may, peace be upon him) said: From what am I to purify you? He said: From adultery, Allah’s Messenger (may peace be upon him) asked if he had been mad. He was informed that he was not mad. He said: Has he drunk wine? A person stood up and smelt his breath but noticed no smell of wine. Thereupon Allah’s Messenger (may peace be upon him) said: Have you committed adultery? He said: Yes. He made pronouncement about him and he was stoned to death. The people had been (divided) into two groups about him (Ma’iz). One of them said: He has been undone for his sins had encompassed him, whereas another said: There is no repentance more excellent than the repentance of Ma’iz, for he came to Allah’s Apostle (may peace be upon him) and placing his hand in his (in the Holy Prophet’s) hand said: Kill me with stones. (This controversy about Ma’iz) remained for two or three days. Then came Allah’s Messenger (may peace be upon him) to them (his Companions) as they were sitting. He greeted them with salutation and then sat down and said: Ask forgiveness for Ma’iz b. Malik. They said: May Allah forgive Ma’iz b. Malik. Thereupon Allah’s Messenger (may peace be upon him) said: He (Ma’iz) has made such a repentance that if that were to be divided among a people, it would have been enough for all of them. He (the narrator) said: Then a woman of Ghamid, a branch of Azd, came to him and said: Messenger of of Allah, purify me, whereupon he said: Woe be upon you; go back and beg forgiveness from Allah and turn to Him in repentance. She said: I find that you intend to send me back as you sent back Ma’iz. b. Malik. He (the Holy, Prophet) said: What has happened to you? She said that she had become pregnant as a result of fornication. He (the Holy Prophet) said: Is it you (who has done that)? She said: Yes. He (the Holy Prophet) said to her: (You will not be punished) until you deliver what is there in your womb. One of the Ansar became responsible for her until she was delivered (of the child). He (that Ansari) came to Allah’s Apostle (may peace be upon him) and said the woman of Ghamid has given birth to a child. He (the Holy Prophet) said: In that case we shall not stone her and so leave her infant with none to suckle him. One of the Ansar got up and said: Allah’s Apostle, let the responsibility of his suckling be upon me. She was then stoned to death.
‘Abdullah b. Buraida reported on the authority of his father that Ma’iz b. Malik al-Aslami came to Allah’s Messenger (may peace be upon him) and said: Allah’s Messenger, I have wronged myself; I have committed adultery and I earnestly desire that you should purify me. He turned him away. On the following day, he (Ma’iz) again came to him and said: Allah’s Messenger, I have committed adultery. Allah’s Messenger (may peace be upon him) turned him away for the second time, and sent him to his people saying: Do you know if there is anything wrong with his mind. They denied of any such thing in him and said: We do not know him but as a wise good man among us, so far as we can judge. He (Ma’iz) came for the third time, and he (the Holy Prophet) sent him as he had done before. He asked about him and they informed him that there was nothing wrong with him or with his mind. When it was the fourth time, a ditch was dug for him and he (the Holy Prophet) pronounced judg- ment about him and he wis stoned. He (the narrator) said: There came to him (the Holy Prophet) a woman from Ghamid and said: Allah’s Messenger, I have committed adultery, so purify me. He (the Holy Prophet) turned her away. On the following day she said: Allah’s Messenger, Why do you turn me away? Perhaps, you turn me away as you turned away Ma’iz. By Allah, I have become pregnant. He said: Well, if you insist upon it, then go away until you give birth to (the child). When she was delivered she came with the child (wrapped) in a rag and said: Here is the child whom I have given birth to. He said: Go away and suckle him until you wean him. When she had weaned him, she came to him (the Holy Prophet) with the child who was holding a piece of bread in his hand. She said: Allah’s Apostle, here is he as I have weaned him and he eats food. He (the Holy Prophet) entrusted the child to one of the Muslims and then pronounced punishment. And she was put in a ditch up to her chest and he commanded people and they stoned her. Khalid b Walid came forward with a stone which he flung at her head and there spurted blood on the face of Khalid and so he abused her. Allah’s Apostle (may peace be upon him) heard his (Khalid’s) curse that he had huried upon her. Thereupon he (the Holy Prophet) said: Khalid, be gentle. By Him in Whose Hand is my life, she has made such a repentance that even if a wrongful tax-collector were to repent, he would have been forgiven. Then giving command regarding her, he prayed over her and she was buried.
Imran b. Husain reported that a woman from Juhaina came to Allah’s Apostle (may peace be upon him) and she had become pregnant because of adultery. She said: Allah’s Apostle, I have done something for which (prescribed punishment) must be imposed upon me, so impose that. Allah’s Apostle (may peace be upon him) called her master and said: Treat her well, and when she delivers bring her to me. He did accordingly. Then Allah’s Apostle (may peace be upon him) pronounced judgment about her and her clothes were tied around her and then he commanded and she was stoned to death. He then prayed over her (dead body). Thereupon Umar said to him: Allah’s Apostle, you offer prayer for her, whereas she had committed adultery! Thereupon he said: She has made such a repentance that if it were to be divided among seventy men of Medina, it would be enough. Have you found any repentance better than this that she sacr ficed her life for Allah, the Majestic?
This hadith has been transmitted on the authority of Yahya b. Abu Kathir.
Abu Huraira and Zaid b Khalid al-Juhani reported that one of the desert tribes came to Allah’s Messenger (may peace be upon him) and said: Messenger of Allah, I beg of you in the name of Allah that you pronounce judgment about me according to the Book of Allah. The second claimant who was wiser than him said: Well, decide amongst us according to the Book of Allah, but permit me (to say something). Thereupon Allah’s Messenger (may peace be upon ham) said: Say. He said: My son was a servant in the house of this person and he committed adultery with his wife. I was informed that my son deserved stoning to death (as punishment for this offence). I gave one hundred goats and a slave girl as ransom for this. I asked the scholars (if this could serve as an expiation for this offence). They informed me that my son deserved one hundred lathes and exile for one year. and this woman deserved stoning (as she was married). Thereupon Allah’s Messenger (may peace he upon him) said: By Him in Whose Hand is my life. I will decide between you according to the Book of Allah. The slave-girl and the goats should be given back, and your son is to be punished with one hundred lashes and exile for one year. And, O Unais (b. Zuhaq al-Aslami), go to this woman in the morning, and if she makes a confession, then stone her. He (the narrator) said: He went to her in the morning and she made a confession. And Allah’s Messenger (may peace be upon him) made pronouncement about her and she was stoned to death.
This hadith has been narrated on the authority of Zuhri with the same chain of transmitters.
Chapter 6: STONING TO DEATH OF JEWS AND OTHER DHIMMIS IN CASE OF ADULTERY
Abdullah b. ‘Umar reported that a Jew and a Jewess were brought to Allah’s Messenger (may peace be upon him) who had committed adultery. Allah’s Messenger (may peace be upon him) came to the Jews and said: What do you find in Torah for one who commits adultery? They said: We darken their faces and make them ride on the donkey with their faces turned to the opposite direction (and their backs touching each other), and then they are taken round (the city). He said: Bring Torah if you are truthful. They brought it and recited it until when they came to the verse pertaining to stoning, the person who was reading placed his hand on the verse pertaining to stoning, and read (only that which was) between his hands and what was subsequent to that. Abdullah b. Salim who was at that time with the Messenger of Allah (may peace be upon him) said: Command him (the reciter) to lift his hand. He lifted it and there was, underneath that, the verse pertaining to stoning. Allah’s Messenger (may peace be upon him) pronounced judgment about both of them and they were stoned. Abdullah b. ‘Umar said: I was one of those who stoned them, and I saw him (the Jew) protecting her (the Jewess) with his body.
Ibn Umar reported that Allah’s Messenger (may peace be upon him) stoned to death the Jews, both male and female, who had committed adultery. The Jews brought them to Allah’s Messenger (may peace he upon him). The rest of the hadith is the same.
Ibn ‘Umar reported that the Jews brought to Allah’s Messenger (may peace be upon him) a man and a woman who had committed adultery. The rest of the hadith is the same.
Al-Bara’ b. ‘Azib reported: There happened to pass by Allah’s Apostle (may peace be upon him) a Jew blackened and lashed. Allah’s Apostle (may peace be upon him) called them (the Jews) and said: Is this the punishment that you find in your Book (Torah) as a prescribed punishment for adultery? They said: Yes. He (the Holy Prophet) called one of the scholars amongst them and said: I ask you in the name of Allah Who sent down the Torah on Moses if that is the prescribed punishment for adultery that you find in your Book. He said: No. Had you not asked me in the name of Allah, I would not have given you this information. We find stoning to death (as punishment prescribed in the Torah). But this (crime) became quite common amongst our aristocratic class. So when we caught hold of any rich person (indulging in this offence) we spared him, but when we caught hold of a helpless person we imposed the prescribed punishment upon him. We then said: Let us argree (on a punishment) which we can inflict both upon the rich and the poor. So We decided to blacken the face with coal and flog as a substitute punishment for stoning. Thereupon Allah’s Messenger (may peace be upon him) said: O Allah, I am the first to revive Thy command when they had made it dead. He then commanded and he (the offender) was stoned to death. Allah, the Majestic and Glorious, sent down (this verse):” O Messenger, (the behaviour of) those who vie with one another in denying the truth should not grieve you…” up to” is vouchsafed unto you, accept it” (v. 41) 2176 It was said (by the Jews): Go to Muhammad; it he commands you to blacken the face and award flogging (as punishment for adultery), then accept it, but it he gives verdict for stoning, then avoid it. It was (then) that Allah, the Majestic and Great, sent down (these verses):” And they who do not judge in accordance with what Allah has revealed are, indeed, deniers of the truth” (v. 44) ;” And they who do not judge in accordance with what Allah has revealed-they, they indeed are the wrongdoers” (v. 45) ;” And they who do not judge in accordance with what God has revealed-they are the iniquitous (v. 47). (All these verses) were revealed in connection with the non-believers.
This hadith has been narrated on the authority of A’mash up to the words:” Allah’s Apostle (may peace be upon him) pronounced judgment and he was stoned (to death)” And he mentioned nothing subsequent to that pertaining to the revelation of verses.
Jabir b. ‘Abdullah reported that Allah’s Apostle (may peace be upon him) stoned (to death) a person from Banu Aslam, and a Jew and his wife.
This hadith has been transmitted on the authority of Juraij with a slight variation of words.
Abu Ishaq Shaibani said: I asked ‘Abdullah b. Abu Aufi if Allah’s Messenger (may peace be upon him) awarded (the punishment) of stoning (to death). He said: Yes. I said: After Sura al-Nur was revealed or before that? He said: I do not know.
Abu Huraira reported that he heard Allah’s Messenger (may peace be upon him) as saying: When the slave-woman of any of you commits adultery and this (offence of hers) becomes clear, she should be flogged (as the presribed) punishment, but hurl no reproach at her. If she commits adultery again, she should (again be punished) by flogging, but hurl no reproach upon her. It she commits fornication for the third time. and it becomes clear, then he should sell her, even if only for a rope of hair.
This hadith his been narrated on the authority of Abu Huraira through another chain of transmitters with a slight variation of words.
Abu Huraira reported that Allah’s Messenger (may peace be upon him) was asked about the slave-woman who committed adultery and was not protected (married). He said: If she commits adultery, then flog her and it she commits adultery again, then flog her and then sell her even for a rope. Ibn Shihab said: I do not know whether he said this (his statement pertaining to the sale of slave-woman) at the third or the fourth time. Ibn Shihab said that the word) dafir (used in the text) means rope.
This hadith has been narrated on the authority of Abu Huraira and Zaid b. Khalid al-Jubani, but in this no merition is made of the words of Ibn Shihab that dafir means rope.
This hadith has been transmitted on the authority of Abu Huraira and Zaid b. Khalid al-Juhani in the same way as transmitted by Malik with this (difference) tnat there is a doubt whether her sale (that of the slave-girl committing adultery) was mentioned after the third or the fourth time.
Chapter 7: THE PRESCRIBED PUNISHMENT SHOULD BE DEFERRED IN CASE OF ONE WHO IS IN A STATE OF PARTURITION
Abd al-Rahman reported that ‘Ali, while delivering the address said: O people, impose the prescribed punishment upon your slaves, those who are married and those not married, for a slave-woman belonging to Allah’s Messenger (may peace be upon him) had committed adultery, and he committed me to flog her. But she had recently given birth to a child and I was afraid that if I flogged her I might kill her. So I mentioned that to Allah’s Apostle (may peace be upon him) and he said: You have done well.
This hadith has been narrated on the authority of as-Suddi with the same chain of trznsmitters, but he did not mention:” Those who are married and those who are not married.” There is also an addition in it:” I spare her until she is all right.”
Chapter 8: PRESCRIBED PUNISHMENT FOR (DRINKING) WINE
Anas b. Malik reported that a person who had drink wine was brought to Allah’s Apostle (may peace be upon him). He gave him forty stripes with two lashes. Abu Bakr also did that, but when Umar (assumed the responsibilities) of the Caliphate, he consulted people and Abd al-Rahman said: The mildest punishment (for drinking) is eighty (stripes) and ‘Umar their prescribed this punishment.
This hadith has been narrated on the authority of Anas through another chain of transmitters.
Anas b. Malik reported that Allah’s Apostle (may peace be upon him) gave a beating with palm branches and shoes, and that Abu Bakr gave forty lashes. When Umar (became the Commander of the Faithful) and the people went near to pastures and towns, he said (to the Companions of the Holy Prophet). What is your opinion about lashing for drinking? Thereupon Abd al-Rahman b. Auf said: My opinion is that you fix it as the mildest punishment. Then ‘Umar inflicted eighty stripes.
This hadith has been narrated on the authority of Hisham with the same chain of transmitters.
Anas reported that Allah’s Apostle (may peace be upon him) used to strike forty times with shoes and palm branches (in case of drinking of) wine. The rest of the hadith is the same and there is no mention of pastures and towns.
Hudain b. al-Mundhir Abu Sasan reported: I saw that Walid was brought to Uthmin b. ‘Affan as he had prayed two rak’ahs of the dawn prayer, and then he said: I make an increase for you. And two men bore witness against him. One of them was Humran who said that he had drunk wine. The second one gave witness that he had seen him vomiting. Uthman said: He would not have vomited (wine) unless he had drunk it. He said: ‘Ali, stand up and lash him. ‘Ali said: Hasan, stand up and lash him. Thereupon Hasan said: Let him suffer the heat (of Caliphate) who has enjoyed its coolness. (‘Ali felt annoyed at this remark) and he said: ‘Abdullah b. Ja’far, stand up and flog him, and he began to flog him and ‘Ali counted the stripes until these were forty. He (Hadrat ‘Ali) said: Stop now, and then said: Allah’s Apostle (may peace be upon him) gave forty stripes, and Abu Bakr also gave forty stripes, and Umar gave eighty stripes, and all these fall under the category of the Sunnab, but this one (forty stripes) is dearer to me.
Ali reported: If I impose Hadd on anyone, and he (in course of punish ment) dies, I would not mind except in case of a drunkard. If he dies. I would pay indemnity for him because the Messenger of Allah (may peace be upon him) has laid down no rule for it.
This hadith is narrated on the authority of Sufyan.
Chapter 9: NUMBER OF STRIPES IN CASE OF TA’ZIR
Abu Barda Ansari reported Allah’s Messenger (may peace be upon him) as saying: None should be given more than ten lashes, but in case of any Hadd out of the Huded of Allah.
Chapter 10: IMPOSITION OF HADD OBLITERATES SINS
Ubida b. as-Samit reported: While we were in the company of Allah’s Messenger (may peace be upoi him) he said: Swear allegiance to me that you will not associate anything with Allah, that you will not commit adultery, that you will not steal, that you will not take any life which it is forbidden by Allah to take but with (legal) justification; and whoever among you fulfils it, his reward is with Allah and he who commits any such thing and is punished for it, that will be all atonement for it And if anyone commits anything and Allah conceals (his faultfls), his matter rests with Allah. He may forgive if He likes, and He may punish him if He likes.
This hadith has been narrated on the authority of Zuhri with the same chain of transmitters with this addition:” He recited to us the verse pertaining to women, viz, that they will not associate anything with Allah.
‘Ubida b. as-Samit reported: Allah’s Messenger (may peace be upon him) took (a pledge) from us as he took from the women that we will not associate anything with Allah and we will not steal, and we will not commit adultery, and we will not kill our children, and we will not bring calumny upon one another. And he who amongst you fulfils (this pledge), his reward rests with Allah, and he upon whom amongst you is imposed the prescribed punishment and that is carried out, that is his expiation (for that sin), and he whose (sins) were covered by Allah, his matter rests with Allah. He may punish him if He likes or may forgive him if He so likes.
Ubida b. as-Samit repnrted: I was one of those headmen who swore allegiance to Allah’s Messenger (may peace be upon him) that we will not associate anything with Allah, and will not commit adultery, and will not steal, and will not kill any soul which Allah has forbidden, but with justice nor plunder, nor disobey (Allah and His Apostle), then Paradise (will be the reward) in case we do these (acts) ; and if we commit any outrage (and that goes unpunished in the world), it is Allah Who would decide about it. Ibn Rumh said: Its judgment lies with Allah.
Chapter 11: IF THE BEAST DOES ANY HARM, OR IF ONE FALLS IN A MINE OR A WELL, THERE WILL BE NO BLOOD-WIT FOR THAT
Abu Huraira reported Allah’s Messenger (may peace be upon him) as saying: No requital is payable for a wound caused by an animal, for (falling into) a well and a mine, and one-fifth (is the share of the government) in the buried treasure (treasure-trove).
A hadith like this has been transmitted on the authority of Zuhri.
A hadith like this has been transmitted on the authority of Abu Huraira.
Abu Huraira reported Allah’s Messenger (may peace be upon him) as saying: The wound caused (by falling) in the well, in the mine, and caused bv the animal has no requital for it; and there is one-fifth (for the government) in the buried treasure.
A hadith like this has been transmitted on the authority of Abu Huraira.
Chapter 1: AL-OASAMAH
Sahl b. Abu Hathma and Rafi’ b. Khadij reported that ‘Abdullah b. Sahl b. Zaid and Muhayyisa b. Mas’ud b. Zaid went out and as they reached Khaibar they were separated. Then Muhayyisa found ‘Abdullah b. Sahl having been killed. He buried him, and then came to Allah’s Messenger (may peace be upon him). They were Huwayyisa b. Mas’ud and ‘Abd al-Rahman b. Sahl, and he (the latter one) was the youngest of the people (those three who had come to seek an interview with the Holy Prophet) began to talk before his Companions (had spoken). Thereupon Allah’s Messenger (may peace be upon him) said: The eldest one (eldest in regard to age should speak). So he kept quiet, and his companions (Muhayyisa and Huwayyisa) began to speak, and he (‘Abd al Rahman) spoke along with them and they narrated to Allah’s Messenger (may peace be upon him) the murder of ‘Abdullah b. Sahl. Thereupon he said to them: Are you prepared to take fifty oaths so that you may be entitled (to blood-wit) of your companion (or your man who has murdered)? They said: How can we take an oath on a matter which we have not witnessed? He (the Holy Prophet) said: Then the Jews will exonerate themselves by fifty oaths. They said: How can we accept the oaths of people who are unbelievers? When Allah’s Messenger (may peace be upon him) saw that, he himself paid his blood-wit.
Sahl. b. Abu Hathma and Rafi’ b. Khadij reported that Muhayyisa b. Mas’ud and ‘Abdullah b. Sahl went towards Khaibar and they separated near the palm-trees. ‘Abdullah b. Sahl was killed. They accused the Jews (for this act). And there came to Allah’s Apostle (may peace be upon him) his brother (the brother of the slain person) ‘Abd al-Rahman and his cousins Huwayyisa and Muhayyisa; and ‘Abd al-Rahman talked to him about the matter pertaining to (the murder of) his brother, and he was the youngest among them. Thereupon Allah’s Messenger (may peace be upon him) said: Show regard for the greatness of the old, or he said: Let the eldest begin speaking. Then they (Huwayyisa and Muhayyisa) spoke about the matter of their companion (murder of their cousin, ‘Abdullah b. Sahl). Thereupon Allah’s Messenger (may peace be upon him) said: Let fifty (persons) among you take oath for levelling the charge (of murder) against a person amongst them, and he would be surrendered to you. They said: We have not witnessed this matter ourselves. How can we then take oath? He (the Holy Prophet) said: The Jews will exonerate themselves by the oaths of fifty of them. They said: Messenger of Allah, they are non-believing people. Thereupon Allah’s Messenger (may peace be upon him) paid the blood wit for him. Sahl said: As one day I entered the fold a she-camel amongst those camels hit me with its leg.
Sahl b. Abu Hathma has narrated this hadith through another chain of transmitters with a slight variation of words, but no mention has been made of the hitting by the she-camel.
This hadith has been narrated on the authority of Sahl b. Abu Hathma through another chain of transmitters.
Bushair b. Yasar reported that ‘Abdullah b. Sahl b. Zaid and Muhayyisa b. Mas’ud b. Zaid, both of them were Ansar belonging to the tribe of Banu Haritha, set out to Khaibar during the lifetime of Allah’s Messenger (may peace be upon him). There was peace during those days and (this place) was inhabited by the Jews. They parted company for their (respective) needs. ‘Abdullab b. Sahl was killed, and his dead body was found in a tank. His companion (Muhayyisa) buried him and came to Medina, and the brothers of the slain ‘Abd al-Rahman b. Sahl. and Muhayyisa and Huwayyisa told Allah’s Messenger (may peace be upon him) the case of ‘Abdullah and the place where he had been murdered. Bushair reported on the authority of one who had seen Allah’s Messenger (may peace be upon him) that he had said to them: You take fifty oaths and you are entitled to blood-wit of (one) slain among you (or your companion). They said: Messenger of Allah, we neither saw (with our own eyes this murder) nor were we present there. Thereupon (Allah’s Messenger is reported to have said): Then the Jews will exonerate themselves by taking fifty oaths. They said: Allah’s Messenger, how can we accept the oath of unbelieving people? Bushair said that Allah’s Messenger (may peace be upon him) paid the blood-wit himself.
Bushair b. Yasar reported that a person from the Ansar belonging to the tribe of Banu Haritha who was called ‘Abdullah b. Sahl b. Zaid set out and the son of his uncle called Muhayyisa b. Mas’ud b. Zaid, the rest of the hadith is the same up to the words:” Allah’s Messenger (may peace be upon him) paid the blood-wit himself.” Bushair b. Yasar reported that Sahl b. Abu Hathma said: One camel amongst the camels paid as blood-wit kicked me while I was in the (camel) enclosure.
Bushair b. Yasar al-Ansari reported on the authority of Sahl b. Abu Hathma al-Ansari that some men (of his tribe went to Khaibar, and they were separated from one another, and they found one of them slain. The rest of the hadith is the same. And it was said in this connection: Allah’s Messenger (may peace be him) did not approve of his blood go waste. He paid blood-wit of one hundred camels of Sadaqa.
Abu Laila ‘Abdullah b. ‘Abd al-Rahman b. Sahl reported that the elderly persons of (the tribe) had informed Sahl b. Abu Hathma that ‘Abdullah b. Sahl and Muhayyisa went out to Khaibar under some distress which had afflicted them. Muhayyisa came and informed that Abdutlah b. Sahl had been killed, and (his dead body) had been thrown in a well or in a ditch. He came to the Jews and said: By Allah, it is you who have killed him. They said: By Allah, we have not killed him. He then came to his people, and made mention of that to them. Then came he and his brother Huwayyisa, and he was older than he, and ‘Abd al-Rahman b. Sahl. Then Muhayyisa went to speak, and it was he who had accompanied (‘Abdullah) to Khaibar, whereupon Allah’s Messenger (may peace be upon him) said to Muhayyisa: Observe greatness of the great (he meant the seniority of age). Then Huwayyisa spoke and then Muhayyisa also spoke. Thereupon Allah’s Messenger (may peace be upon him) said: They should either pay blood-wit for your companion, or be prepared for war. Allah’s Messenger (may peace be upon him) wrote about it to them (to the Jews). They wrote: Verily, by Allah, we have not killed him. Thereupon Allah’s Messenger (may peace be upon him) said to Huwayyisa and Muhayyisa and Abd al-Rahman: Are you prepared to take oath in order to entitle yourselves for the blood-wit of your companion? They said: No. He (the Holy Prophet) said: Then the Jews will take oath (of their innocence). They said: They are not Muslims. Allah’s Messenger (may peace be upon him), however, himself paid the blood-wit to them and sent to them one hundred camels until they entered into their houses, Sahl said: One red she-camel among them kicked me.
Sulaiman b. Yasar, the freed slave of Maimuna, the wife of Allah’s Apostle (may peace be upon him), narrated from one of the Ansari Companions of Allah’s Messenger (may peace be upon him) that Allah’s Messenger (may peace be upon him) retained (the practice) of Qasama as it was in the pre-Islamic days.
This hadith has been narrated on the authority of Ibn Shihab with the same chain of transmitters but with this addition:” Allah’s Messenger (may peace be upon him) decided (according to Qasama) between the persons of Ansar (and yours) about a slain (Muslim) for which they made claim against the Jews
This hadith has been narrated on the authority of Abu Salama b. ‘Abd al-Rahman and Sulaiman b. Yasar.
Chapter 2: PERTAINING TO THE COMBATANTS AND APOSTATES
Anas b. Malik reported that some people belonging (to the tribe) of ‘Uraina came to Allah’s Messenger (may peace be upon him) at Medina, but they found its climate uncogenial. So Allah’s Messenger (may peace be upon him) said to them: If you so like, you may go to the camels of Sadaqa and drink their milk and urine. They did so and were all right. They then fell upon the shepherds and killed them and turned apostates from Islam and drove off the camels of the Prophet (may peace be upon him). This news reached Allah’s Apostle (may peace be upon him) and he sent (people) on their track and they were (brought) and handed over to him. He (the Holy Prophet) got their hands cut off, and their feet, and put out their eyes, and threw them on the stony ground until they died.
Anas reported: Eight men of the tribe of ‘Ukl came to Allah’s Messenger (may peace be upon him) and swore allegiance to him on Islam, but found the climate of that land uncogenial to their health and thus they became sick, and they made complaint of that to Allah’s Messenger (may peace be upon him), and he said: Why don’t you go to (the fold) of our camels along with our shepherd, and make use of their milk and urine. They said: Yes. They set out and drank their (camels’) milk and urine and regained their health. They killed the shepherd and drove away the camels. This (news) reached Allah’s Messenger (may peace be upon him) and he sent them on their track and they were caught and brought to him (the Holy Prophet). He commanded about them, and (thus) their hands and feet were cut off and their eyes were gouged and then they were thrown in the sun, until they died.
This hadith has been narrated on the authority of Ibn al-Sabbah with a slight variation of words.
Anas b. Malik reported that some people of the tribe of ‘Ukl or ‘Uraina came to Allah’s Messenger (may peace be upon him), and they found the climate of Medina uncogenial. Allah’s Messenger (may peace be upon him) commanded them to the milch she-camels and commanded them to drink their urine and their milk. The rest of the hadith is the same (and the concluding words are):” Their eyes were pierced, and they were thrown on the stony ground. They were asking for water, but they were not given water.”
Abu Qilaba reported: I was sitting behind ‘Umar b. ‘Abd al-’Aziz and he said to the people: What do you say about al-Qasama? Thereupon ‘Anbasa said: Anas b Malik narrated to us such and such (hadith pertaining to al-Qasama). I said: This is what Anas had narrated to me: People came to Allah’s Apostle (may peace be upon him), and the rest of the hadith is the same. When I (Abu Qilaba) finished (the narration of this hadith), ‘Anbasa said: Hallowed be Allah. I said: Do you blame me (for telling a lie)? He (‘Anbasa) said: No. This is how Anas b Malik narrated to us. O people of Syria, you would not be deprived of good, so long as such (a person) or one like him lives amongst you.
Anas b. Malik reported: There came to Allah’s Messenger (may peace be upon him) eight persons from the tribe of ‘Ukl, but with this addition that he did not cauterise (the wounds which hid been inflicted upon them while punishing them).
Anas reported: There came to Allah’s Messenger (may peace be upon him) some ponple from ‘Uraina. They embraced Islam and swore allegiance to him and there had spread at that time pleurisy. The rest of the hadith is the same (but with this addition):” There were by his (the Prophet’s) side about twenty young men of the Ansar; he sent them (behind) them (culprits), and he also sent along with them one expert in following the track so that he might trace their footprints.”
This hadith has been narrated on the authority of Anas b. Malik through another chain of transmitters.
Anas reported that Allah’s Messenger (may peace be upon him) pierced their eyes because they had pierced the eyes of the shepherds.
Chapter 3: THE JUSTIFICATION OF QISAS (RETRIBUTION) WHEN ONE IS KILLED WITH STONE OR ANY OTHER HEAVY THING AND KILLING OF A MALE FOR THE MURDER OF A FEMALE
Anas b. Malik reported that a Jew killed a girl with a stone for her silver ornaments. She was brought to Allah’s Messenger (may peace be upon him) when there was yet some life in her. He (the Holy Prophet) said to her: Has so and so killed you? She indicated with the nod of her head: No. He said for the second time, and she again said: No with the nod of her head. He asked for the third time, and she said: Yes with the nod of her head and Allah’s Messenger (may peace be upon him) commanded to crush his head between two stones.
This hadith has been narrated on the authority of Shu’ba with the same chain of transmitters and in the hadith narrated on the authority of Ibn Idris (the words are):” He (commanded) to crush his head between two stones.”
Anas reported that a Jew killed a girl of the Ansar for her ornaments and then threw her in a well and smashed her head with a stone. He was caught and brought to the Messenger of Allah (may peace be upon him), and he commanded that he should be stoned to death. So he was stoned until he died.
This hadith has been narrated on the authority of Ayyub with the same chain of transmitters.
Anas b. Malik reported: A girl was found with her head crushed between two stones. They asked her as to who had done that-has so and so (done it) until they mentioned a Jew. She indicated with the nod of her head (that it was so). So the Jew was caught, and he made confession (of his guilt). And Allah’s Messenger (may peace be upon him) commanded that his head be smashed with stones.
Chapter 4: WHEN ANYONE ATTACKS THE LIFE OF A PERSON, OR HIS LIMB, AND THE VICTIM WARDS OFF THE ATTACK AND IN SELFDEFENCE EITHER THE LIFE OF THE ASSAILANT IS LOST OR HIS LIMB BROKEN, THERE WOULD BE NO PENALTY ON THE VICTIM
Imran b. Husain reported: Ya’la b. Munya or Ibn Umayya fought with a person, and the one bit the hand of the other. And he tried to draw his hand from his mouth and thus his foreteeth ware pulled out. They referred their dispute to Allah’s Apostle (may peace be upon him), whereupon he said: Does any one of you bite as the camel bites? So there is no blood-wit for it.
This hadith has been transmitted on the authority of Ya’la.
‘Imran b. Husain reported that a person bit the arm of another person; he pulled it out and his foretooth fell down. This matter was taken to Allah’s Apostle (may peace be upon him), and he turned it down saying: Did you want to eat his flesh?
Safwan b. Ya’la reported that a person bit the arm of the servant of Ya’la b. Munya. He pulled it and his foretooth fell. The matter was referred to Allah’s Apostle (may peace be upon him) and he turned it down and said: Did you intend to bite his hand, as the camel bites?
‘Imran b. Husain reported that a person bit the hand of a person. He withdrew his hand and his foretooth or foreteeth fell down. He (the man who lost his teeth) referred the matter to Allah’s Messenger (may peace be upon him) and he said, What do you want me to do? Do you ask me that I should order him to put his hand in your month, and you should bite it as the camel bites? (If you want retaliation, then the only way out is) that you put your hand in his mouth (allow him) to bite that and then draw it away.
Safwan b. Ya’la b. Munya reported on the authority of his father that there came to Allah’s Apostle (may peace be upon him) a person who had bitten the hand of another person and who had withdrawn his hand (and as a result thereof) his foreteeth had fallen (those which had bitten). The Apostle of Allah (may peace be upon him) turned down his (claim), and said: Do you wish to bite as the camel bites?
Safwan b. Ya’la b. Umayya thus reported from his father: I participated in the expedition to Tabuk with Allah’s Apostle (may peace be upon him). And Ya’la used to say: That was the most weighty of my deeds, in my opinion. Safwan said that Ya’la had stated: I had a servant; he quarrelled with another person, and the one bit the hand of the other. (‘Ata’ said that Safwan had told him which one had bitten the hand of the other.) So he whose hand was bitten drew ill from (the mouth) of the one who had bitten it and (in this scuffle) one of his foreteeth was also drawn out. They both came to Allah’s Apostle (may peace be upon him) and he declared his (claim for the compensation of) tooth as invalid.
This hadith has been narrated on the authority of Juraij with the same chain of transmitters.
Chapter 5: THE VERACITY OF RFTRIBUTION IN CASE OF TOOTH
Anas reported that Umm Haritha, the sister of Rubayyi’ (she was the father’s sister of Hadrat Anas) injured a person (she broke his teeth). The dispute was referred to Allah’s Apostle (may peace be upon him). Allah’s Messenger (may peace be upon him) said: Retribution, retribution. Umm Rubayyi’ said: Messenger of Allah, will retribution be taken from so and so? By Allah, it shall not be taken from her (i. e. from Umm Haritha). Thereupon Allah’s Apostle said: Hallowed be Allah. O Umm Rubayyi’, Qisas (retribution is a command, prescribed) in the Book of Allah. She said: No, by Allah, Qisas will never be taken from her; and she went on saying this until they (the relatives of the one who had been injured) accepted the blood-wit. Thereupon Allah’s Messenger (may peace be upon him) said: Verily there are amongst the servants of Allah (such pious persons) who, if they take oath of Allah, He honours it.
Chapter 6: WHEN IT IS PERMISSIBLE TO TAKE THE LIFE OF A MUSLIM
‘Abdullah (b. Mas’ud) reported Allah’s Messenger (may peace be upon him) as saying: It is not permissible to take the life of a Muslim who bears testimony (to the fact that there is no god but Allah, and I am the Messenger of Allah, but in one of the three cases: the married adulterer, a life for life, and the deserter of his Din (Islam), abandoning the community.
This hadith has been narrated on the authority of A’mash.
‘Abdullah (b. Mas’ud) reported: Allah’s Messenger (may peace be upon him) stood up and said: By Him besides Whom there is no god but He, the blood of a Muslim who bears the testimony that there is no god but Allah, and I am His Messenger, may be lawfully shed only in case of three persons: the one who abandons Islam, and deserts the community [Ahmad, one of the narrators, is doubtful whether the Holy Prophet (may peace be upon him) used the word li'l-jama'ah or al-jama'ah), and the married adulterer, and life for life.
This hadith has been reported on the authority of A'mash with the same chain of narrators but with a slight variation of words, i. e. he did not say: By Him besides Whom there is no god.
Chapter 7: HE WHO SHEDS THE BLOOD FIRST OF ALL BEARS THE BURDEN OF ALL SUBSEQUENT MURDERS
'Abdullah (b. Mas'ud) reported: Allah's Apostle (may peace be upon him) having said: No person who is killed unjustly, but the share of (this offence of his also) falls upon the first son of Adam, for he was the first to introduce killing.
This hadith has been narrated on the authority of Jarir and 'Isa b. Yunus with a slight variation of words.
Chapter 8: THE (CASES OF) BLOODSHED WOULD BE DECIDED FIRST OF ALL ON THE DAY OF JUDGMENT
'Abdullah b. (Mas'ud) reported Allah's Messenger (may peace be upon him) as saying: The first (thing) that will be decided among people on the Day of Judgment will pertain to bloodshed.
This hadith has been narrated on the authority of 'Abdullah through another chain of transmitters with a slight variation of words.
Abu Bakra reported that (in the Farewell Address) Allah's Apostle (may peace be upon him) said: Time has completed a cycle and come to the state of the day when Allah created the heavens and the earth. The year is constituted of twelve months, of which four are sacred; three of them consecutive, viz. Dhu'l-Qa'da, Dhu'l- Hijja and Muharram, and also Rajab the month of Mudar which comes between Jumada and Sha'ban. He (the Holy Prophet) then said: which month is this? We said Allah and His Messenger know best. He (the narrator) said: He (the Holy Prophet) remained silent for some time until we thought that he would give it a name other than that (by which it was known). He said: Is it not Dha'l-Hijja? We said: Yes. He (the Holy Prophet) said: Which city is this? We said: Allah and His Messenger know best. He (the Holy Prophety remained silent until we thought that he would give it another name. He (the Holy Prophet) said: Is it not the Balda (the city of Mecca)? We said: Yes. He said: What day is this? We said: Allah and His Messenger know best. He (the Holy Prophet) remained silent until we thought that he would give it another name. He said: Is it not the Day of Sacrifice? We said: Allah's Messenger. yes. Thereupon he said: Your blood, your property (Muhammad, one of the narrators, said: I think, he also said this) and your honour are sacred to you like the sacredness of this day of yours, in this city of yours, and in this month of yours. You will soon meet your Lord and He will ask you about your deeds. So do not turn after me unbelievers (or misguided), some of you striking the necks of the others. Behold I let him who is present convey to him who is absent, for many a one whom a message is conveyed has a more retentive memory than one who hears. He again said: Behold! have I not delivered (the message) to you? This hadith has been narrated through another chain of transmitters, but with a slight variation of words.
Abu Bakra reported that when it was that day (the 10th of Dhu'l-Hijja) he mounted his camel and a person caught its nosestring, whereupon he said: Do you know which day is this? They said: Allah and His Messenger know best. (The Holy Prophet [may peace be upon him] kept silent) until we thought that he would give that another name. He said: Is it not the day of Nahr (Sacrifice) (10th of Dhu’l- Hijja)? We said: Allah’s Messenger, yes. He (again) said: Which month is it? We said: Allah and His Messenger knows best. He said: Is it not Dhu’l-Hijja? We said: Allah’s Messenger, yes. He said: Which city is this? We said: Allah and His Messenger know best. He (the narrator) said (that the Holy Prophet kept silent until we thought that he would give it another name besides its (original) name. He said: Is it not Balda (the city of Mecca)? We said: Yes, Allah’s Messenger. He (then) said: Verily your blood (lives) and your property and your honour are as sacred unto you as sacred is this day of yours, in this month of yours, in this city of yours. Let him who is present convey it to one who is absent. He then turned his attention towards two multicoloured (black and white) rams and slaughtered them, and two goats, and distributed them amongst us.
Abu Bakra reported that when it was the day of (Dhu’l-Hijja) Allah’s Apostle (may peace be upon him) mounted the camel and addressed and a person had been holding its nosestring. The rest of the hadith is the same.
This hadith has been narrated on the authority of Abu Bakra through another chain of transmitters (and the words are):” Allah’s Messenger (may peace be upon him) addressed us on the day of Nahr (Sacrifice) and said: What day is this? And the rest of the hadith is the same except that he did not make mention of” your honour,” and also did not make mention of this: He then turned his attention towards two rams and what follows, and in a hadith (the words pertaining to sacred- ness are recorded in this way):” Like the sacredness of this day of yours, in this month of yours, in this city of yours to the day when you will meet your Lord. Behold, have I not conveyed (the Message of God)? They said: Yes. He said: O Allah, bear witness.”
Chapter 9: THE CONFESSION OF MURDER IS HELD VALID AND THE PERSON WHOSE MAN IS KILLED IS ENTITLED TO GET RETRIBUTION. THE OFFENDER HAS A RIGHT TO BEG FOR REMISSION
‘Alqama b. Wa’il reported on the authority of his-father: While I was sitting in the company of Allah’s Apostle (may peace be upon him), a person came there dragging another one with the help of a strap and said: Allah’s Messenger, this man has killed my brother. Allah’s Messenger (may peace be upon him) said to him: Did you kill him? And the other man said: (In case he did not make a confession of this, I shall brine, a witness against him). He (the murderer) said: Yes, I have killed him. He (the Holy Prophet) said: Why did you kill him? He said: I and he won striking down the leaves of a tree and he abused me and enraged me, and to I struck his head with an axe and killed him, whereupon Allah’s Messenger (may peace be upon him) said: Have you anything with you to pay blood-wit on your behalf? He said: I do not possess any property but this robe of mine and this axe of mine. He (the Holy, Prophet) said: Do you think your people will pay ransom for you? He said: I am more insignificant among my people than this (that I would not be able to get this benefit from my tribe). He (the Holy Prophet) threw the strap towards him (the claimant of the blood-wit) saying: Take away your man. The man took him away, and as he returned, Allah’s Messenger (may peace be upon him) said: If he kills him, he will be like him. He returned and said: Allah’s Messenger, it has reached me that you have said that” If he killed him, he would be like him.” I caught hold of him according to your command, whereupon Allah’s Messenger (may peace be upon him) said: Don’t you like that he should take upon him (the burden) of your sin and the sin of your companion (your brother)? He said: Allah’s Apostle, why not? The Messenger of Allah (may peace be. upon him) said: If it is so, then let it be. He threw away the strap (around the offender) and set him free.
‘Alaqama b. Wa’il reported on the authority of his father that a person was brought to the Messenger of Allah (may peace be upon him) who had killed another person, and the heir of the person slain had dragged him (to the Holy Prophet) with a strap around his neck. As he turned away Allah’s Messenger (may peace be upon him) said: The killer and the killed are (doomed) to fire. A person came to the other person (the heir of the deceased) and he reported to him the words of the Messenger of Allah (may peace be upon him), and so he let him off. Isma’il b. Salim said: I made a mention of it to Habib b. Abu Thabit and he said: Ibn Ashwa’ reported to me that Allah’s Apostle (may peace be upon him) had asked him to pardon him, but he refused.
Chapter 10: BLOOD-WIT OF THE CHILD IN THE WOMB, AND THE ESSENTIALITY OF BLOOD-WIT IN CASE OF UNINTENTIONAL MURDER AND IN CASE OF THE QUASI-INTENTIONAL MURDER
Abu Huraira reported that among two women of the tribe of Hudhail one flung a stone upon the other causing an abortion to her Allah’s Apostle (may peace he upon him) gave judgment that a male or a female slave of best quality be given as compensation.
Abu Huraira reported that Allah’s Messenger (may peace be upon him) gave judgment in case of the abortion of a woman of Banu Lihyan (that the offender and near relative should give compensation in the form of) good quality of a slave or a slave-girl. And the woman about whom the judgment was given for compensation died and thereupon Allah’s Messenger (may peace be upon him) gave judgment that her inheritance goes to her sons and her husband, and the payment of the blood-wit lies with the family of (one who struck her).
Abu Huraira reported that two women of the tribe of Hudhail fought with each other and one of them flung a stone at the other, killing her and what was in her womb. The case was brought to Allah’s Messenger (may peace be upon him) and he gave judgment that the diyat (indemnity) of her unborn child is a male or a female slave of the best quality, and he also decided that the diyat of the woman is to be paid by her relative on the father’s side, and he (the Holy Prophet) made her sons and those who were with them her heirs. Hamal b. al-Nabigha al-Hudhali said: Messenger of Allah, why should I play blood-wit for one who neither drank, nor ate, nor spoke, nor made any noise; it is like a nonentity (it is, therefore, not justifiable to demand blood-wit for it). Thereupon Allah’s Messenger (may peace be upon him) said: He seems to be one of the brothers of soothsavers on account of the rhymed speech which he has composed.
Abu Huraira reported that two women fought-the rest of the hadith is the same but herein no mention has been made of: He made her son and those who were with them her heirs. Someone said: Why should we pay blood-wit? And he did not name Hamal b. Malik.
Al-Mughira b. Shu’ba reported that a woman struck her co-wife with a tent-pole and she was pregnant and she killed her. One of them belonged to the tribe of Lihyan. Allah’s Messenger (may peace be upon him) made the relatives of the murderer responsible for the payment of blood-wit on her behalf, and fixed a slave or a female slave as the indemnity for what was in her womb. One of the persons amongst the relatives of the murderer said: Should we pay indemnity for one who, neither ate, nor drank, nor made any noise, who was just like a nonentity? Thereupon Allah’s Messenger (may peace be upon him) remarked: He speaks rhymed phrases like the people of the desert. He did impose indemnity upon them.
Al-Mughira b. Shu’ba reported: A woman killed her fellow-wife with a tent-pole. Her case was brought to Allah’s Messenger (may peace be upon him), and he gave judgment that blood-wit should be paid by the relatives (of the offender) on the father’s side. And as she was pregnant, he decided regarding her unborn child that a male or a female slave of good quality be given. Some of her offender’s) relatives said: Should we make compensation for one who never ate, nor drank, nor made any noise, who was like a nonentity? Thereupon Allah’s Messenger (may peace be upon him) said: He was talking rhymed phrases like the rhymed phrases of desert Arabs.
This hadith has been narrated on the authority of Mansur with the same chain of transmitters.
Mansur transmitted this hadith with a slight variation of words.
Miswar b. Makhrama reported that ‘Umar b. Khattab consulted people about the diyat of abortion of an unboam child. Mughira b. Shu’ba said: I bear witness to the fact that Allah’s Messenger (may peace be upon him) gave judgment about it that a good quality of slave or female slave should be given for it. Thereupon ‘Umar said: Bring one who may bear witness to you. Then Muhammad b. Maslama bore witness to him.
From the Haul of Imam Abdullah Alhaddad 2009M/1430H held in Masjid Baitul Aman and MasjidAl-Bukhary (24-25 October 2009)