سنن ابي داود
Abu Dawud
كتاب الجهادJihad (Kitab Al-Jihad)
باب الرُّخْصَةِ فِي الْمُدْرِكِينَ يُفَرَّقُ بَيْنَهُمْChapter: The Permissiong To Separate In The Case Of Those (Captives) Who Reached Puberty.
Hadith 2697
اُردوEn
حَدَّثَنَا هَارُونُ بْنُ عَبْدِ اللَّهِ قَالَ : حَدَّثَنَا هَاشِمُ بْنُ الْقَاسِمِ ، قَالَ : حَدَّثَنَا عِكْرِمَةُ ، قَالَ : حَدَّثَنِي إِيَاسُ بْنُ سَلَمَةَ ، قَالَ : حَدَّثَنِي أَبِي ، قَالَ : خَرَجْنَا مَعَ أَبِي بَكْرٍ وَأَمَّرَهُ عَلَيْنَا رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَغَزَوْنَا فَزَارَةَ فَشَنَنَّا الْغَارَةَ ، ثُمَّ نَظَرْتُ إِلَى عُنُقٍ مِنَ النَّاسِ فِيهِ الذُّرِّيَّةُ وَالنِّسَاءُ فَرَمَيْتُ بِسَهْمٍ فَوَقَعَ بَيْنَهُمْ وَبَيْنَ الْجَبَلِ فَقَامُوا ، فَجِئْتُ بِهِمْ إِلَى أَبِي بَكْرٍ فِيهِمُ امْرَأَةٌ مِنْ فَزَارَةَ وَعَلَيْهَا قِشْعٌ مَنْ أَدَمٍ مَعَهَا بِنْتٌ لَهَا مِنْ أَحْسَنِ الْعَرَبِ فَنَفَّلَنِي أَبُو بَكْرٍ ابْنَتَهَا ، فَقَدِمْتُ الْمَدِينَةَ فَلَقِيَنِي رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ لِي : " يَا سَلَمَةُ هَبْ لِي الْمَرْأَةَ ، فَقُلْتُ : وَاللَّهِ لَقَدْ أَعْجَبَتْنِي ، وَمَا كَشَفْتُ لَهَا ثَوْبًا فَسَكَتَ حَتَّى إِذَا كَانَ مِنَ الْغَدِ لَقِيَنِي رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فِي السُّوقِ فَقَالَ : يَا سَلَمَةُ هَبْ لِي الْمَرْأَةَ لِلَّهِ أَبُوكَ ، فَقُلْتُ : يَا رَسُولَ اللَّهِ وَاللَّهِ مَا كَشَفْتُ لَهَا ثَوْبًا وَهِيَ لَكَ " ، فَبَعَثَ بِهَا إِلَى أَهْلِ مَكَّةَ وَفِي أَيْدِيهِمْ أَسْرَى فَفَادَاهُمْ بِتِلْكَ الْمَرْأَةِ .
Salamah said “We went out (on an expedition) with Abu Bakr. The Messenger of Allah ﷺ appointed him commander over us. We attacked Fazarah and took them from all sides. I then saw a group of people which contained children and women. I shot an arrow towards them, but it fell between them and the mountain. They stood; I brought them to Abu Bakr. There was among them a woman of Fazarah. She wore a skin over her and her daughter who was the most beautiful of the Arabs was with her. Abu Bakr gave her daughter to me as a reward. I came back to Madeenah. The Messenger of Allah ﷺ met me and said to me “Give me the woman, Salamah. I said to him, I swear by Allaah, she is to my liking and I have not yet untied he garment. He kept silence, and when the next day came the Messenger of Allah ﷺ met me in the market and said to me “Give me the woman, Salamah, by Allaah, your father. I said the Messenger of Allah, I have not yet untied her garment. I swear by Allaah, she is now yours. He sent her to the people of Makkah who had (some Muslims) prisoners in their hands. They released them for this woman.
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
➊
Additional rewards (supererogatory spoils) are given to the mujahid before the extraction of the khums (one-fifth share).
➋
If the captives are of advanced age,
then even among close relatives, separation can be made.
➌
The Messenger of Allah (sallallahu alayhi wa sallam) did not like to take the wealth of any Muslim without the consent of his guardian.
➍
Intercourse with slave women is permissible,
even if they are polytheists,
but only after istibra’ (waiting for one menstrual cycle).
➎
Muslim captives should be freed by whatever means possible.
➊
Additional rewards (supererogatory spoils) are given to the mujahid before the extraction of the khums (one-fifth share).
➋
If the captives are of advanced age,
then even among close relatives, separation can be made.
➌
The Messenger of Allah (sallallahu alayhi wa sallam) did not like to take the wealth of any Muslim without the consent of his guardian.
➍
Intercourse with slave women is permissible,
even if they are polytheists,
but only after istibra’ (waiting for one menstrual cycle).
➎
Muslim captives should be freed by whatever means possible.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2697
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary:
Vocabulary of the Hadith:
(1)
Shanna al-gharah:
A forceful attack was launched on them from all sides.
‘Unuq:
A group.
(2)
Qash‘:
An old sheepskin (leather shirt).
(3)
Ma kashafa laha thawban:
That is, I did not take any pleasure from her nor did I establish relations with her.
(4)
Lillah abuk:
When a son performs a praiseworthy deed, this phrase is used for praise and commendation.
Benefits and Issues:
The commander of the army in this battle against Banu Fazarah was Abu Bakr radi Allahu anhu, but Zayd ibn Harithah radi Allahu anhu was also present as a commander due to his familiarity with the region. Therefore, this expedition is also referred to as the Expedition of Zayd ibn Harithah radi Allahu anhu. The expedition took place in 7 AH, and among the captives, a beautiful girl was given as a reward to Salamah ibn Akwa‘ radi Allahu anhu. The Prophet sallallahu alayhi wa sallam requested her from Salamah radi Allahu anhu for the benefit and welfare of the Muslims, so that she could be given as ransom in exchange for Muslim captives and thus secure their release. From this, it is understood that it is permissible to give a disbeliever captive as ransom to free Muslim captives, and it is permissible to separate an adult daughter from her mother. This is a unanimously agreed upon issue. This girl was given to the people of Makkah and ended up in the hands of Hazn ibn Abi Wahb, because at that time he was a disbeliever. After the conquest of Makkah, he became Muslim.
Vocabulary of the Hadith:
(1)
Shanna al-gharah:
A forceful attack was launched on them from all sides.
‘Unuq:
A group.
(2)
Qash‘:
An old sheepskin (leather shirt).
(3)
Ma kashafa laha thawban:
That is, I did not take any pleasure from her nor did I establish relations with her.
(4)
Lillah abuk:
When a son performs a praiseworthy deed, this phrase is used for praise and commendation.
Benefits and Issues:
The commander of the army in this battle against Banu Fazarah was Abu Bakr radi Allahu anhu, but Zayd ibn Harithah radi Allahu anhu was also present as a commander due to his familiarity with the region. Therefore, this expedition is also referred to as the Expedition of Zayd ibn Harithah radi Allahu anhu. The expedition took place in 7 AH, and among the captives, a beautiful girl was given as a reward to Salamah ibn Akwa‘ radi Allahu anhu. The Prophet sallallahu alayhi wa sallam requested her from Salamah radi Allahu anhu for the benefit and welfare of the Muslims, so that she could be given as ransom in exchange for Muslim captives and thus secure their release. From this, it is understood that it is permissible to give a disbeliever captive as ransom to free Muslim captives, and it is permissible to separate an adult daughter from her mother. This is a unanimously agreed upon issue. This girl was given to the people of Makkah and ended up in the hands of Hazn ibn Abi Wahb, because at that time he was a disbeliever. After the conquest of Makkah, he became Muslim.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 4573
Maulana Ataullah Sajid
Benefits and Issues:
➊ The spoils of war (mal-e-ghanimat) are distributed equally among all the combatants; however, those who demonstrate superior performance may be given an additional reward apart from this, which is called nafl (supererogatory reward).
➋ The Imam (caliph or commander) may take back a reward given to a combatant if there is a significant benefit in doing so.
➌ It is permissible to free disbeliever prisoners in exchange for freeing Muslim prisoners; that is, the exchange of prisoners between Muslims and disbelievers is legally valid according to the Shari‘ah.
➊ The spoils of war (mal-e-ghanimat) are distributed equally among all the combatants; however, those who demonstrate superior performance may be given an additional reward apart from this, which is called nafl (supererogatory reward).
➋ The Imam (caliph or commander) may take back a reward given to a combatant if there is a significant benefit in doing so.
➌ It is permissible to free disbeliever prisoners in exchange for freeing Muslim prisoners; that is, the exchange of prisoners between Muslims and disbelievers is legally valid according to the Shari‘ah.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2846
