Hadith 3141

وَمَنْ قَتَلَ قَتِيلاً فَلَهُ سَلَبُهُ مِنْ غَيْرِ أَنْ يُخَمِّسَ، وَحُكْمِ الإِمَامِ فِيهِ.
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حَدَّثَنَا مُسَدَّدٌ ، حَدَّثَنَا يُوسُفُ بْنُ الْمَاجِشُونِ ، عَنْ صَالِحِ بْنِ إِبْرَاهِيمَ بْنِ عَبْدِ الرَّحْمَنِ بْنِ عَوْفٍ ، عَنْ أَبِيهِ ، عَنْ جَدِّهِ ، قَالَ : بَيْنَا أَنَا وَاقِفٌ فِي الصَّفِّ يَوْمَ بَدْرٍ فَنَظَرْتُ عَنْ يَمِينِي وَعَنْ شِمَالِي ، فَإِذَا أَنَا بِغُلَامَيْنِ مِنْ الْأَنْصَارِ حَدِيثَةٍ أَسْنَانُهُمَا تَمَنَّيْتُ أَنْ أَكُونَ بَيْنَ أَضْلَعَ مِنْهُمَا فَغَمَزَنِي أَحَدُهُمَا ، فَقَالَ : يَا عَمِّ هَلْ تَعْرِفُ أَبَا جَهْلٍ ؟ قُلْتُ : نَعَمْ مَا حَاجَتُكَ إِلَيْهِ يَا ابْنَ أَخِي ، قَالَ : أُخْبِرْتُ أَنَّهُ يَسُبُّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَالَّذِي نَفْسِي بِيَدِهِ لَئِنْ رَأَيْتُهُ لَا يُفَارِقُ سَوَادِي سَوَادَهُ حَتَّى يَمُوتَ الْأَعْجَلُ مِنَّا فَتَعَجَّبْتُ لِذَلِكَ فَغَمَزَنِي الْآخَرُ ، فَقَالَ لِي : مِثْلَهَا فَلَمْ أَنْشَبْ أَنْ نَظَرْتُ إِلَى أَبِي جَهْلٍ يَجُولُ فِي النَّاسِ ، قُلْتُ : أَلَا إِنَّ هَذَا صَاحِبُكُمَا الَّذِي سَأَلْتُمَانِي فَابْتَدَرَاهُ بِسَيْفَيْهِمَا فَضَرَبَاهُ حَتَّى قَتَلَاهُ ، ثُمَّ انْصَرَفَا إِلَى رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَأَخْبَرَاهُ ، فَقَالَ : " أَيُّكُمَا قَتَلَهُ ، قَالَ : كُلُّ وَاحِدٍ مِنْهُمَا أَنَا قَتَلْتُهُ ، فَقَالَ : هَلْ مَسَحْتُمَا سَيْفَيْكُمَا ، قَالَا : لَا فَنَظَرَ فِي السَّيْفَيْنِ ، فَقَالَ : كِلَاكُمَا قَتَلَهُ سَلَبُهُ مُعَاذِ بْنِ عَمْرِو بْنِ الْجَمُوحِ وَكَانَا مُعَاذَ بْنَ عَفْرَاءَ ومُعَاذَ بْنَ عَمْرِو بْنِ الجَمُوحِ " .
Narrated `Abdur-Rahman bin `Auf: While I was standing in the row on the day (of the battle) of Badr, I looked to my right and my left and saw two young Ansari boys, and I wished I had been stronger than they. One of them called my attention saying, "O Uncle! Do you know Abu Jahl?" I said, "Yes, What do you want from him, O my nephew?" He said, "I have been informed that he abuses Allah's Apostle. By Him in Whose Hands my life is, if I should see him, then my body will not leave his body till either of us meet his fate." I was astonished at that talk. Then the other boy called my attention saying the same as the other had said. After a while I saw Abu Jahl walking amongst the people. I said (to the boys), "Look! This is the man you asked me about." So, both of them attacked him with their swords and struck him to death and returned to Allah'S Apostle to inform him of that. Allah's Apostle asked, "Which of you has killed him?" Each of them said, "I Have killed him." Allah's Apostle asked, "Have you cleaned your swords?" They said, "No. " He then looked at their swords and said, "No doubt, you both have killed him and the spoils of the deceased will be given to Mu`adh bin `Amr bin Al-Jamuh." The two boys were Mu`adh bin 'Afra and Mu`adh bin `Amr bin Al-Jamuh.
Hadith Reference صحيح البخاري / كتاب فرض الخمس / 3141
Hadith Grading محدثین: أحاديث صحيح البخاريّ كلّها صحيحة
Related hadith on this topic
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
What happened was that Mu'adh ibn Amr ibn Jamuh struck down that accursed one (Abu Jahl), so he was the actual killer; it was to him that the Prophet (sallallahu alayhi wa sallam) gave Abu Jahl’s belongings. And to please Mu'adh ibn ‘Afra’, the Prophet (sallallahu alayhi wa sallam) said, “You both struck him.”

Abdur Rahman ibn ‘Awf (radi Allahu anhu) thought that these boys were inexperienced and wondered whether they would be able to stand firm in battle or not. If they fled, he did not know what state his own heart would be in. He did not know that these two were lions in the profession of bravery and even bolder than the elders. These Ansari boys had heard from people about the accursed Abu Jahl and the kinds of torments he had inflicted upon the Messenger of Allah (sallallahu alayhi wa sallam).

Since they were from Madinah, they did not recognize Abu Jahl by appearance.

The fervor of faith was in their hearts; they wished that if they were to strike, they would strike the greatest enemy, and finish off that accursed one.

In this, they were successful.

Radi Allahu anhum ajma‘een. In some narrations, the killers of Abu Jahl are mentioned as Mu'adh and Mu‘awwidh, the sons of ‘Afra’.

And Ibn Mas‘ud (radi Allahu anhu) is also included.

It is possible that these individuals also participated in the killing later.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 3141
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
1.
A thought occurred in the heart of Abdur Rahman bin Awf (radi Allahu anhu) that these two boys are inexperienced.
It is not known whether they will be able to stand firm at the time of battle or not.
If they flee, who knows what the state of my heart will be at that moment.
But in their hearts was the fervor of faith, such that they wished to kill some great enemy.
In any case, they succeeded in their plan.
Radi Allahu anhu.
2.
The equipment used by the slain disbeliever is called "salb" (spoils), regarding which there is a difference of opinion as to whether a fifth (khums) should be taken from it or not. Imam Bukhari (rahimahullah) inclines to the view that the Messenger of Allah (sallallahu alayhi wa sallam) did not take any khums or the like from Abu Jahl’s equipment, but rather handed all of it over to the killer, and therefore there will be no khums in this case.
Another disputed issue is that if more than one person participates in the killing of a disbeliever, what should be done in such a case? Also, does the caliph or commander have the right to exercise discretion in this matter or not? If two Muslims are equal partners in the killing of a disbeliever, then by consensus the spoils (salb) will be divided equally between them.
And if it is established by circumstantial evidence that the actual killer is a particular person and the rest are assistants, then the salb will be given to the actual killer and the others will be deprived of it.
For example:
If one person renders the slain incapable of defense and another comes and severs his neck, then the salb will go to the first person.
3.
Does the salb automatically go to the killer, or is this matter subject to the discretion of the Imam? Imam Bukhari (rahimahullah) has not expressed any definitive opinion on this, perhaps because of the difference among the scholars, and this is based on the hadith under discussion.
In it, there were two—rather, including Ibn Mas’ud (radi Allahu anhu), three—individuals who killed Abu Jahl, while the Prophet (sallallahu alayhi wa sallam) gave the salb only to Mu’adh bin Amr (radi Allahu anhu). Imam Malik and the Hanafis say that the fact that the Prophet (sallallahu alayhi wa sallam) gave it to one and not the other two is evidence that the Imam has the authority to exercise discretion regarding the salb, whereas the majority of scholars say that the one entitled to it is the killer himself, and it is not subject to the Imam’s discretion.
In the aforementioned hadith, the Prophet’s (sallallahu alayhi wa sallam) statement,
“You both killed him,”
was said as a way of consoling the other, because both were indeed partners, but the Prophet (sallallahu alayhi wa sallam) judged from the marks on both swords that the actual one who inflicted the fatal wound was Mu’adh, and for this reason Ibn Mas’ud (radi Allahu anhu) was also not included in this.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 3141
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary:
Benefits and Issues:
The one who dealt the fatal blow to Abu Jahl was Hazrat Mu'adh bin Amr bin Jamuh, and the second strike was delivered by Mu'adh bin 'Afra', and the third blow was given by Mu'awwidh bin 'Afra'. While there was still a trace of life left in him, his neck was severed from his body by Hazrat Abdullah bin Mas'ud radi Allahu anhu, who brought him, along with his spoils, before the Messenger of Allah sallallahu alayhi wa sallam. When the entire incident was presented before you sallallahu alayhi wa sallam, upon seeing the swords, you sallallahu alayhi wa sallam decided the spoils in favor of Mu'adh bin Amr bin Jamuh, because it was he who had dealt the fatal blow due to which Abu Jahl was no longer able to survive, even though others had also participated in finishing him off afterwards.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 4569
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه البخاري، فرض الخمس، باب من لم يخمس الأسلاب، حديث:3141، ومسلم، الجهاد والسير، باب استحقاق القاتل سلب القتيل، حديث:1752.»©Explanation:
© Hadith Narrator:
«حضرت معاذ بن عمرو بن جموح رضی اللہ عنہ » He was a member of the Ansar tribe of Khazraj.
He participated in the Pledge of Aqabah and the Battle of Badr.
He struck Abu Jahl’s leg, causing him to fall.
Ikrimah ibn Abi Jahl wounded him, severing his hand so that it hung by the skin; he placed it under his foot, pulled it off, and threw it away, and for the rest of the time, he fought valiantly with one hand and displayed great bravery.
He passed away during the caliphate of Uthman radi Allahu anhu.
From the position of Hafiz Ibn Hajar rahimahullah, it appears that this companion was someone other than Ibn ‘Afra’, because the lineage of Ibn ‘Afra’ is as follows:
Mu‘adh ibn Harith ibn Rifa‘ah al-Najjari.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 1101