Bukhari

Hadith Commentary:
In the course of several conversations, Thumamah had become deeply impressed by the noble character of the Prophet (sallallahu alayhi wa sallam). He had told him each time that if he were treated well, he would not be ungrateful for it, and so it happened. The Prophet (sallallahu alayhi wa sallam) graciously set him free with honor and respect. Thumamah immediately went to a well, performed ritual bath (ghusl), and returned, entering the fold of Islam.

Thus, the translation of the chapter heading is established: in certain circumstances, it becomes necessary to detain a person for some time, and in such a situation, it is not a sin; rather, it proves beneficial in terms of the outcome. The era of the Prophet (sallallahu alayhi wa sallam) was the early period of human civilization; there was no separate prison. Therefore, this function was also carried out in the mosque. And also so that Thumamah would have the opportunity to observe the Muslims very closely and could carefully examine the virtues of Islam and the excellent qualities of the Muslims. In particular, the character of Muhammad (sallallahu alayhi wa sallam) had a profound effect on him.

It is true:
"That which all the beautiful ones possess, you alone possess."

The translation of the chapter heading is derived from the words: "fa-rabatuhu bisariyyatin min sawari al-masjid" (so they tied him to a pillar of the mosque).

When Qadi Shurayh would pass a judgment against someone and there was a fear of him fleeing, he would order that the person be detained in the mosque. When the assembly was dismissed, if the person fulfilled his obligation, he would be released; otherwise, he would be sent to prison.

In another narration, it is mentioned that every morning the Prophet (sallallahu alayhi wa sallam) would go to Thumamah, inquire about his condition and circumstances. Thumamah would say that if you have me killed, there are many who will seek retribution for me. And if you set me free, I will remain deeply grateful to you. And if you desire money in exchange for my freedom, I will give you as much as you ask.

This continued for several days. Finally, one day, the Mercy to the Worlds (sallallahu alayhi wa sallam) set Thumamah free unconditionally. When he began to leave, the Companions thought perhaps he was escaping. But Thumamah went to a tree under which there was water. There he performed ritual bath (ghusl), purified himself, and presented himself in the court of the Messenger (sallallahu alayhi wa sallam). He said, "O Messenger, now I accept Islam." Immediately, he recited the testimony of faith: "Ashhadu an la ilaha illa Allah wa ashhadu anna Muhammadan Rasul Allah," and became a Muslim with sincere heart.

Radi Allahu anhu ardaah.

Hadith Commentary:
(1)
If there is a fear of sabotage from someone, their movements can be monitored. They can also be detained. In order to maintain peace in society, a person who is proven guilty of a crime is punished according to the law, and if there is a fear that someone may disturb public order, then for the sake of public safety, that person can also be detained. In contemporary terminology, this is called public safety, which nowadays governments use to prolong their rule.

(2)
In the Prophetic era, there was no separate prison; the mosque itself was used for this purpose. This was also necessary so that Thumamah could have a very close opportunity to observe Islam and the Muslims, allowing him to closely study the virtues of Islam and the noble qualities of the Muslims. Ultimately, he was influenced by the noble character of the Messenger of Allah (sallallahu alayhi wa sallam) and became Muslim. Imam Bukhari (rahimahullah) has proven from this incident that sometimes it is necessary to temporarily detain a person, and doing so is not a sin; rather, in terms of outcome and result, it proves to be beneficial.

Hadith Commentary:
➊
This hadith has already been mentioned earlier (462).
Imam Bukhari rahimahullah is establishing from this that it is permissible for a polytheist (mushrik) to enter the mosque, as Thumamah bin Uthal radi Allahu anhu was tied to a pillar in the mosque while he was still a polytheist, and he remained confined in the mosque for three days.
From this, the residence of a polytheist in the mosque is established, and thus, the permissibility of entering the mosque is proven even more so.
Some scholars have said that this heading is repetitive, because earlier the issue of tying a prisoner in the mosque was mentioned, which necessarily involves entry. However, Hafiz Ibn Hajar rahimahullah states that the aforementioned heading is general, meaning that it discusses entry in an absolute sense, regardless of whether the person is tied up or left free.
Also, in the previous chapter, there is generality regarding the prisoner, whether he is a Muslim or a non-Muslim.
(Fath al-Bari: 1/724)
In any case, Imam Bukhari rahimahullah’s purpose is to show that, when necessary, even disbelievers and polytheists may be allowed to enter mosques, provided they observe the etiquettes and conditions of the mosques.
And Allah knows best.

➋
Ibn Battal rahimahullah has written that when the polytheists of Makkah came to Madinah to ransom the prisoners of the Battle of Badr, they stayed in the Prophet’s Mosque itself, because among them was Jubayr bin Mut’im, who later narrated the recitation he heard from the Messenger of Allah sallallahu alayhi wa sallam during the congregational prayer—that he recited Surah at-Tur in the Maghrib prayer—and Jubayr bin Mut’im radi Allahu anhu was a polytheist at that time. Therefore, a polytheist may enter the mosque out of necessity.
(Sharh Ibn Battal: 2/118)

Hadith Commentary:
When the disbelievers of Makkah asked Thumamah, “Have you changed your religion?” Thumamah replied, “I have not changed my religion, rather I have become obedient to Allah.”
It is said that Thumamah went to Yamamah and ordered that no grain be sent to the disbelievers of Makkah.
Eventually, the people of Makkah were compelled to write to the Prophet (sallallahu alayhi wa sallam), saying, “You maintain ties of kinship and command the upholding of family relations, so why has Thumamah stopped our grain?”
At that time, the Prophet (sallallahu alayhi wa sallam) gave Thumamah permission, saying, “If you wish to send grain to Makkah, then do so.”
Some have translated “إِنْ تَقْتُلْنِي تَقْتُلْ ذَا دَمٍ” as: “If you kill me, you will be killing a person whose blood will not go in vain,”
meaning, “My people will take revenge for me.”
Hafiz (rahimahullah) says:
“Among the benefits in the story of Thumamah are: detaining a disbeliever in the mosque, showing favor to a disbelieving captive, and the great importance of pardoning the wrongdoer, because Thumamah swore that his hatred turned into love in a single moment due to the pardon and favor shown to him by the Prophet (sallallahu alayhi wa sallam) without any recompense. It also contains the ruling of performing ritual bath (ghusl) upon accepting Islam, that kindness removes hatred and establishes love, and that if a disbeliever intends to do a good deed and then accepts Islam, it is legislated for him to continue in that good deed. It also contains the recommendation of gentleness with those captives from whom Islam is hoped, if there is benefit for Islam in that, especially those whose acceptance of Islam will be followed by many from their people. It also contains the sending of military expeditions to the lands of the disbelievers, capturing those found among them, and then having the choice thereafter to kill or spare them.” (Fath al-Bari)
That is, there are many benefits in the story of Thumamah. From this, it is established that a disbeliever can be detained in the mosque (so that by observing the prayers and other acts of the Muslims, he may be inclined towards Islam).
It is also established that showing kindness to a disbelieving captive is permissible, and that doing good to one who has done evil is a great virtue.
This is because Thumamah, upon witnessing the kindness and generosity of the Prophet (sallallahu alayhi wa sallam), said that in a single moment, the hatred he had in his heart towards the Prophet (sallallahu alayhi wa sallam) was transformed into love.
From this, it is also established that if a disbeliever is engaged in a good deed and then becomes Muslim, he should continue that good deed after accepting Islam. It is also established that every possible gentleness should be shown to a captive from whom Islam is hoped.
Just as was done with Thumamah (radi Allahu anhu). From this, it is also established that, when necessary, armies may be sent to the lands of the disbelievers, and those found among them may be taken captive, and then, according to what is in the best interest, a decision may be made regarding them.

Hadith Commentary:
1.
When the noble Companions (radi Allahu anhum) brought Thumamah bin Uthal (radi Allahu anhu) as a captive and placed him in the mosque, the Messenger of Allah (sallallahu alayhi wa sallam) gave him all the food of his household, and he ate all of it, yet was not satisfied. But when he became Muslim, a small amount of food sufficed for him.
The noble Companions (radi Allahu anhum) expressed amazement at this, so the Messenger of Allah (sallallahu alayhi wa sallam) said:
“A disbeliever fills his seven intestines, while a believer is satisfied with filling only one intestine.”
(Seerah Ibn Hisham: 2/238;
and Fath al-Bari: 8/110)
When Thumamah bin Uthal (radi Allahu anhu) returned after performing ‘umrah and reached Yamamah, he issued an order to the people of Yamamah that no grain should be sent to the people of Makkah, so they withheld the grain. Eventually, the people of Makkah, distressed, wrote a letter to the Messenger of Allah (sallallahu alayhi wa sallam) saying: “You command us to maintain ties of kinship, and we hope for your kindness in this regard. Why is such treatment being shown to us?”
After this, the Messenger of Allah (sallallahu alayhi wa sallam) wrote to Thumamah instructing him not to prevent others from sending grain to Makkah, so he lifted this restriction through another order.
(Fath al-Bari: 8/111)

Hadith Commentary:
Medina is also a sanctuary (haram), so the permissibility of imprisoning someone within the sanctuary is established.
By bringing this chapter, Imam Bukhari rahimahullah has refuted what Ibn Abi Shaybah narrated from Tawus, that they considered it objectionable to imprison anyone in Mecca.

Hadith Commentary:
(1)
Hazrat Tawus considered it disliked (makruh) to imprison anyone in the Haram, because it does not seem appropriate that in the House of Allah, where Allah’s mercy descends at all times, someone should be punished or imprisoned as a form of punishment. Imam Bukhari rahimahullah, in refutation of this position, established the aforementioned chapter heading and proved from the hadith that this practice was carried out using the pillars of the Prophet’s Mosque (Masjid Nabawi). Therefore, the permissibility of imprisoning someone in the Haram is established.

(2)
In reality, up until the Abbasid era, the prison system had not developed much; there was no arrangement for the food and drink of the prisoners. In the evening, they would be released so that they could arrange for their own food and drink. The prisoners were of a very noble character; after eating and drinking, they would return to the prison.

Hadith Commentary:
Vocabulary of the Hadith:
(1)
Mā dhā ‘indaka? Yā Thumāmah:
O Thumamah,
What do you think we will do with you?

(2)
In taqtul,
taqtul dhā dam:
If you kill (me), you will be shedding the blood of a person of status and standing,
whose blood would be avenged, and whose death would bring satisfaction to his enemy, or he is deserving of being killed due to his actions and conduct.
Therefore, if you, sallallahu alayhi wa sallam, kill (me), you will not be committing any crime.

Benefits and Issues:
This hadith proves that
it is permissible to tie up and detain a prisoner in the mosque, and for a need or a specific purpose, a disbeliever may be brought into the mosque.
The Prophet, sallallahu alayhi wa sallam, kept a disbeliever tied in the mosque for three days so that he could observe the character and conduct of the Muslims and become acquainted with their message. This hadith also shows that a ritual bath (ghusl) is required for entering Islam.
According to Imam Malik
and Imam Ahmad,
it is obligatory; according to the Hanafis, it is recommended (mustahabb); and according to the Shafi‘is, if the disbeliever was in a state of major ritual impurity (junub), then it is obligatory, otherwise it is not required,
but recommended.

713. Commentary:

➊ There was no prison in your (the Prophet’s) era, nor was there any need for one. Occasionally, when a prisoner would be brought, he would be tied to a pillar of the mosque. There was another purpose in this as well: that by seeing the Muslims worshipping, moving about, and interacting with one another, the prisoner might be influenced and accept Islam—and this is exactly what happened. By witnessing the righteous deeds in the mosque, and being impressed by the noble character of the Messenger of Allah (sallallahu alayhi wa sallam), they embraced Islam.

➋ This narration regarding the story of Thumamah bin Uthal (radi Allahu anhu) is brief, but a detailed narration of this incident is found in the Sahihayn. See: [صحیح البخاري ، المغازي ، حدیث : 4372 ، و صحیح مسلم ، الجھاد ، حدیث : 1764]

Benefits and Issues:
➊ When a disbeliever is inclined towards Islam, he should first perform a ritual bath (ghusl).
➋ There is a difference of opinion among the scholars as to whether this ritual bath (ghusl) is obligatory or recommended (sunnah/mustahabb). According to Imam Malik and Imam Ahmad rahimahumallah, it is obligatory. Imam Shafi'i and Imam Abu Hanifah rahimahumallah consider it recommended (mustahabb).

Narrator of the Hadith: Sayyiduna Thumamah bin Uthal radi Allahu anhu: The first letter of both words has a dammah, and the second letter is with lightening (takhfif). He was a member of the tribe Banu Hanifah of Yamamah and held the position of chieftain. He had set out to perform ‘umrah when he was captured by the cavalry of the Messenger of Allah sallallahu alayhi wa sallam. They brought him to Madinah Munawwarah and presented him before the Messenger of Allah sallallahu alayhi wa sallam, and he was tied to a pillar of the Prophet’s Mosque. After three days, the Prophet sallallahu alayhi wa sallam, as an act of kindness, set him free. After this, he became Muslim and gave an excellent demonstration of Islam. During the days when people were becoming apostates, he remained firmly and steadfastly upon Islam. When the people of his tribe fell prey to the fitnah of Musaylimah the Liar, he stood firm against them with great courage and determination.