سنن ابي داود
Abu Dawud
كتاب الجهادJihad (Kitab Al-Jihad)
باب فِي الْجَاسُوسِ الْمُسْتَأْمَنِChapter: Regarding A Spy Who Is Under Protection (In A Muslim Territory).
Hadith 2654
اُردوEn
حَدَّثَنَا هَارُونُ بْنُ عَبْدِ اللَّهِ ، أَنَّ هَاشِمَ بْنَ الْقَاسِمِ ، وَهِشَامًا حَدَّثَاهُمْ ، قَالَا : حَدَّثَنَا عِكْرِمَةُ ، قَالَ : حَدَّثَنِي إِيَاسُ بْنُ سَلَمَةَ ، قَالَ : حَدَّثَنِي أَبِي ، قَالَ : غَزَوْتُ مَعَ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ هَوَازِنَ قَالَ : فَبَيْنَمَا نَحْنُ نَتَضَحَّى وَعَامَّتُنَا مُشَاةٌ وَفِينَا ضَعَفَةٌ ، إِذْ جَاءَ رَجُلٌ عَلَى جَمَلٍ أَحْمَرَ فَانْتَزَعَ طَلَقًا مِنْ حَقْوِ الْبَعِيرِ فَقَيَّدَ بِهِ جَمَلَهُ ثُمَّ جَاءَ يَتَغَدَّى مَعَ الْقَوْمِ فَلَمَّا رَأَى ضَعَفَتَهُمْ وَرِقَّةَ ظَهْرِهِمْ خَرَجَ يَعْدُو إِلَى جَمَلِهِ فَأَطْلَقَهُ ثُمَّ أَنَاخَهُ ، فَقَعَدَ عَلَيْهِ ثُمَّ خَرَجَ يَرْكُضُهُ وَاتَّبَعَهُ رَجُلٌ مِنْ أَسْلَمَ عَلَى نَاقَةٍ وَرْقَاءَ هِيَ أَمْثَلُ ظَهْرِ الْقَوْمِ قَالَ : فَخَرَجْتُ أَعْدُو فَأَدْرَكْتُهُ وَرَأْسُ النَّاقَةِ عِنْدَ وَرِكِ الْجَمَلِ ، وَكُنْتُ عِنْدَ وَرِكِ النَّاقَةِ ثُمَّ تَقَدَّمْتُ حَتَّى كُنْتُ عِنْدَ وَرِكِ الْجَمَلِ ثُمَّ تَقَدَّمْتُ حَتَّى أَخَذْتُ بِخِطَامِ الْجَمَلِ فَأَنَخْتُهُ فَلَمَّا وَضَعَ رُكْبَتَهُ بِالْأَرْضِ اخْتَرَطْتُ سَيْفِي ، فَأَضْرِبُ رَأْسَهُ فَنَدَرَ فَجِئْتُ بِرَاحِلَتِهِ وَمَا عَلَيْهَا أَقُودُهَا فَاسْتَقْبَلَنِي رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فِي النَّاسِ مُقْبِلًا فَقَالَ : " مَنْ قَتَلَ الرَّجُلَ ؟ فَقَالُوا : سَلَمَةُ بْنُ الْأَكْوَعِ فَقَالَ لَهُ : سَلَبُهُ أَجْمَعُ " ، قَالَ هَارُونُ : هَذَا لَفْظُ هَاشِمٍ .
Salamh (bin Al Akwa) said “I went on an expedition with the Messenger of Allah ﷺ against Hawazin and while we were having a meal in the forenoon and most of our people were on foot and some of us were weak, a man came on a red Camel. He took out a rope from the lion of the Camel and tied his Camel with it and began to take meal with the people. When he saw the weak condition of their people and lack of mounts he went out in a hurry to his Camel, untied it made it kneel down and sat on it and went off galloping it. A man of the tribe of Aslam followed him on a brown she Camel which was best of those of the people. I hastened out and I found him while the head of the she Camel was near the paddock of the she Camel. I then went ahead till I reached near the paddock of the Camel. I then went ahead till I caught the Camel’s nose string. I made it kneel. When it placed its knee on the ground, I drew my sword and struck the man on his head and it fell down. I then brought the Camel leading it with (its equipment) on it. The Messenger of Allah ﷺ came forward facing me and asked “Who killed the man? They (the people) said “Salamah bin Akwa. He said “he gets all his spoil. ” Harun said “This is Hashim’s version.
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
➊
A disbeliever spy, even if he is a musta'man (one who has entered with permission among the Muslims), can be killed, because he is included among the harbi (enemy) disbelievers.
➋
The special belongings of a slain disbeliever are given to the mujahid (fighter in jihad) who killed him. This is called salb (spoils taken personally from the slain).
➌
The foundation of success in jihad is the help of Allah Ta'ala and piety (taqwa). Other means are merely apparent causes, but it is not permissible to ignore them.
➍
Hazrat Salamah bin Akwa' radi Allahu anhu was a young man and was extremely distinguished in running fast. That is why he caught up with the camel rider.
➊
A disbeliever spy, even if he is a musta'man (one who has entered with permission among the Muslims), can be killed, because he is included among the harbi (enemy) disbelievers.
➋
The special belongings of a slain disbeliever are given to the mujahid (fighter in jihad) who killed him. This is called salb (spoils taken personally from the slain).
➌
The foundation of success in jihad is the help of Allah Ta'ala and piety (taqwa). Other means are merely apparent causes, but it is not permissible to ignore them.
➍
Hazrat Salamah bin Akwa' radi Allahu anhu was a young man and was extremely distinguished in running fast. That is why he caught up with the camel rider.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2654
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
➊
The person whom Salamah bin Akwa‘ radi Allahu anhu killed was a combatant and had come without seeking protection (aman).
Although it apparently seemed that he had come under protection, when he had completed his task and finished his espionage, he quickly got up and began to run swiftly.
From this, it is understood that he had entered Dar al-Islam without seeking protection, and thus he was killed.
➋
There is consensus among all scholars that a spy engaged in war should be killed.
This incident pertains to the Battle of Hawazin. Prior to this, the rulings regarding spoils of war (mal al-ghanima) had already been revealed, stating that they are solely for Allah, but the Messenger of Allah sallallahu alayhi wa sallam made an exception to this general Qur’anic ruling, specifying that the equipment of a disbeliever goes to the one who kills him.
(Fath al-Bari: 6/204)
➊
The person whom Salamah bin Akwa‘ radi Allahu anhu killed was a combatant and had come without seeking protection (aman).
Although it apparently seemed that he had come under protection, when he had completed his task and finished his espionage, he quickly got up and began to run swiftly.
From this, it is understood that he had entered Dar al-Islam without seeking protection, and thus he was killed.
➋
There is consensus among all scholars that a spy engaged in war should be killed.
This incident pertains to the Battle of Hawazin. Prior to this, the rulings regarding spoils of war (mal al-ghanima) had already been revealed, stating that they are solely for Allah, but the Messenger of Allah sallallahu alayhi wa sallam made an exception to this general Qur’anic ruling, specifying that the equipment of a disbeliever goes to the one who kills him.
(Fath al-Bari: 6/204)
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 3051
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary: Benefits and Issues:
From this hadith, it is understood that it is permissible to kill a spy.
All jurists are in agreement on this matter, and regarding a Muslim spy,
according to Imam Abu Hanifah,
Imam Shafi'i, and some of the Malikis, the ruler may impose whatever punishment he deems appropriate other than execution.
According to Imam Malik, the ruler has discretion
to do as he sees fit according to the circumstances of the time, and some Malikis are of the opinion
that he should be executed.
From this hadith, it is understood that it is permissible to kill a spy.
All jurists are in agreement on this matter, and regarding a Muslim spy,
according to Imam Abu Hanifah,
Imam Shafi'i, and some of the Malikis, the ruler may impose whatever punishment he deems appropriate other than execution.
According to Imam Malik, the ruler has discretion
to do as he sees fit according to the circumstances of the time, and some Malikis are of the opinion
that he should be executed.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 4572
Maulana Ataullah Sajid
Benefits and Issues:
(1)
By "salb" is meant the personal belongings of the slain, such as clothing, sword, etc.
These items are the right of that very combatant who kills that disbeliever.
(2)
Apart from the "salb," the rest of the war booty (mal-e-ghanima) is the collective property of the combatants.
From this, each combatant may take only that which comes to his share at the time of the distribution of the war booty.
(1)
By "salb" is meant the personal belongings of the slain, such as clothing, sword, etc.
These items are the right of that very combatant who kills that disbeliever.
(2)
Apart from the "salb," the rest of the war booty (mal-e-ghanima) is the collective property of the combatants.
From this, each combatant may take only that which comes to his share at the time of the distribution of the war booty.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2836
