Abu Dawud

Hadith Commentary:
The relevance of the chapter is evident in that the Companions, who were numerous, granted as a gift the captives of the Hawazin people, who were also numerous.

Hadith Commentary:
There were many people who obtained the spoils, and they gifted the captives of the Hawazin delegation.
Imam Bukhari rahimahullah has deduced from this hadith that gifting a jointly-owned item is permissible.
Some people say that this was not a legal (shar‘i) gift, because the captives were returned to the tribe of Hawazin.
If something is returned to its original owner, it is not called a gift.
According to our inclination, this was indeed a form of gift, because those war captives had become the property of those who obtained the spoils, and they gifted their property to the Hawazin delegation.
From this, it is understood that gifting a jointly-owned (mushā‘) item, which can be divided, is permissible.
Imam Abu Hanifah rahimahullah does not accept this.

Hadith Commentary:
The kunya of Miswar bin Makhramah (radi Allahu anhu) is Abu Abdur Rahman; he was from the Zuhri and Qurayshi tribes.
He was the nephew of Abdur Rahman bin Awf (radi Allahu anhu).
He was born in Makkah two years after the Hijrah of the Prophet (sallallahu alayhi wa sallam).
He arrived in Madinah Munawwarah in Dhu al-Hijjah, 8 AH.
At the time of the Prophet’s (sallallahu alayhi wa sallam) passing, his age was only eight years.
He listened to hadith from the Prophet (sallallahu alayhi wa sallam) and memorized them.
He was a great jurist (faqih), a person of virtue, and devout in religion.
He resided in Madinah until the martyrdom of Uthman (radi Allahu anhu).
After the martyrdom, he moved to Makkah and remained there until the death of Muawiyah (radi Allahu anhu).
He did not approve of pledging allegiance (bay‘ah) to Yazid.
However, he still remained in Makkah until Yazid sent an army and besieged Makkah.
At that time, Ibn Zubair (radi Allahu anhu) was also present in Makkah.
Thus, during this siege, Miswar bin Makhramah (radi Allahu anhu) was struck by a stone thrown from a catapult (manjaniq).
At that time, he was performing prayer (salah).
He was martyred by that stone.
This incident occurred on the night of the new moon of Rabi‘ al-Awwal, 64 AH.
Many people have narrated from him.

Hadith Commentary:
According to this narration, the matter of future war booty (mal-e-ghanīmah) was ambiguous, as if it was absent, but the Messenger of Allah (sallallahu alayhi wa sallam) granted the future wealth as a gift (hibah).
There was nothing present in it.
From this, it is understood that if something is known and its acquisition is possible, then an absent thing can be given as a gift (hibah).

Hadith Commentary:
Among the tribe of Hawazin, your (sallallahu alayhi wa sallam) first wet nurse was Halimah Sa’diyyah.
Ibn Ishaq has narrated in al-Maghazi that the people of Hawazin submitted to the Prophet (sallallahu alayhi wa sallam) in this manner: “Show kindness to those women from whom you drank milk.”
On this basis, the Prophet (sallallahu alayhi wa sallam) declared the people of Hawazin as brothers and instructed the warriors to return their respective shares of slave women and slaves to them, and so it was done.
This hadith also mentions several social matters, among which is the principle of representation among nations, which Islam has taught. It is upon this very principle that the current democratic system of government has come into existence.
In the chain of this narration, the name of Marwan ibn al-Hakam also appears. Regarding this, Mawlana Waheed al-Zaman (rahimahullah) states:
Marwan neither heard from the Prophet (sallallahu alayhi wa sallam) nor did he enjoy his company.
His actions were very bad, and for this reason, people have criticized Imam Bukhari, saying that he narrates from Marwan.
However, Imam Bukhari (rahimahullah) did not narrate solely from Marwan, but rather together with Miswar ibn Makhramah (radi Allahu anhu), who is a Companion, he narrated. And it often happens that sometimes a bad person, in the narration of hadith, is truthful and cautious, so the hadith scholars narrate from him.
And sometimes a person is very pious and righteous, but because he is engaged in worship or other knowledge, he does not pay close attention to the words and text of the hadith, so the hadith scholars do not narrate from him or consider his narration weak.
There are many such examples.
Among the great mujtahids, there are some whose methodology in deriving and deducing issues was according to the method of ijtihad.
Some were well-versed in both fiqh and hadith.
In any case, Imam Bukhari (rahimahullah) is, in his own right, an absolute mujtahid.
If he, in some places, transmits narrations from people like Marwan, he also presents another reliable corroborator along with them.
This is proof of his utmost caution, and to criticize him on this basis is nothing but prejudice and evidence of blindness of heart.

Hadith Commentary:
➊
The first woman to breastfeed the Messenger of Allah (sallallahu alayhi wa sallam) was Halimah Sa’diyyah from the tribe of Hawazin. The people of Hawazin requested the Messenger of Allah (sallallahu alayhi wa sallam) to show kindness to those women whose milk he had drunk.
On this basis, the Messenger of Allah (sallallahu alayhi wa sallam) declared the people of Hawazin as brothers and said to the warriors:
“Free the slaves and slave-girls who are your share and return them.”
Thus, this was carried out accordingly.

➋
Imam Bukhari (rahimahullah) has established from this that the disposal of the khums (one-fifth share of war booty) is subject to the discretion of the Imam, because the Prophet (sallallahu alayhi wa sallam) said:
“We will give them a share from the first wealth of fay’ (spoils without battle) that Allah grants us.”
The apparent meaning of these words is that what is meant is the wealth of khums, which will be spent on the needs of the Muslims.
And Allah knows best.

Hadith Commentary:
There were 24 people in the delegation of Hawazin, among whom was Abu Bar Qan Sa'di. He said, "O Messenger of Allah! Among these captives, there are several of your mothers and maternal aunts by milk relationship, as well as milk-sisters."
He requested, "Show kindness to us and free all of them."
"Allah will show you much kindness."
The answer you gave is mentioned here in detail in the narration.
You freed all the captives.

Hadith Commentary:
It was the custom of the Arabs that when they intended to engage in a fierce battle, they would bring along their families and wealth, including livestock, so that the fighters would be constantly aware that if they were defeated, all their possessions and family members would fall into the hands of the enemy.

The tribe of Hawazin did the same.

When the Messenger of Allah (sallallahu alayhi wa sallam) saw this, he said:
“If Allah wills, all this wealth and property will come to us as spoils of war (ghanimah).”

And so it happened: a fierce battle took place, the tribe of Hawazin was badly defeated and fled, and their wealth, property, children, and women all came into the possession of the Muslims.

The Messenger of Allah (sallallahu alayhi wa sallam) waited for them for several days; it was his wish that the people of Hawazin would come to him as Muslims, so that he could say to the warriors that their property should be returned to them.

But when they delayed for a long time, he distributed the spoils of war at the place of Ji‘ranah.

After the distribution, a delegation of twenty-four people from Hawazin came, among whom was Abu Barqan Sa‘di. He said:
“O Messenger of Allah (sallallahu alayhi wa sallam)! Among these captives, due to your foster relationship, there are several of your mothers, maternal aunts, and foster sisters. Please show kindness to us; Allah, the Exalted, will show kindness to you.”

The reply that the Messenger of Allah (sallallahu alayhi wa sallam) gave is mentioned in the hadith. In any case, he freed all the captives.

(Fath al-Bari: 8/43)

Before returning the captives, he consulted the Muhajirun, and they said:
“All our wealth is for you.” The Ansar gave the same reply.

Aqra‘ bin Habis said:
“I and Banu Tamim are not pleased with this.” ‘Uyaynah said:
“I and Banu Fazarah are also not prepared to return the wealth.”

‘Abbas bin Mirdas said: “I and Banu Sulaym also cannot do this willingly.”

Since this wealth belonged to the warriors, the Prophet (sallallahu alayhi wa sallam) adopted the method of representation to seek their permission. In this way, the children and women of Banu Hawazin were returned.

(Fath al-Bari: 8/43)