صحيح البخاري
Bukhari
كتاب فرض الخمسThe Book of The Obligations of Khumus
بَابُ مَنْ لَمْ يُخَمِّسِ الأَسْلاَبَ:Chapter. Not taking the Khumus from the spoils of a killed infidel.
Hadith 3142
اُردوEn
حَدَّثَنَا عَبْدُ اللَّهِ بْنُ مَسْلَمَةَ ، عَنْ مَالِكٍ ، عَنْ يَحْيَى بْنِ سَعِيدٍ ، عَنْ ابْنِ أَفْلَحَ ، عَنْ أَبِي مُحَمَّدٍ مَوْلَى أَبِي قَتَادَةَ ، عَنْ أَبِي قَتَادَةَ رَضِيَ اللَّهُ عَنْهُ ، قَالَ : خَرَجْنَا مَعَ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَامَ حُنَيْنٍ فَلَمَّا الْتَقَيْنَا كَانَتْ لِلْمُسْلِمِينَ جَوْلَةٌ ، فَرَأَيْتُ رَجُلًا مِنَ الْمُشْرِكِينَ عَلَا رَجُلًا مِنَ الْمُسْلِمِينَ فَاسْتَدَرْتُ حَتَّى أَتَيْتُهُ مِنْ وَرَائِهِ حَتَّى ضَرَبْتُهُ بِالسَّيْفِ عَلَى حَبْلِ عَاتِقِهِ ، فَأَقْبَلَ عَلَيَّ فَضَمَّنِي ضَمَّةً وَجَدْتُ مِنْهَا رِيحَ الْمَوْتِ ، ثُمَّ أَدْرَكَهُ الْمَوْتُ فَأَرْسَلَنِي فَلَحِقْتُ عُمَرَ بْنَ الْخَطَّابِ ، فَقُلْتُ : مَا بَالُ النَّاسِ ، قَالَ : أَمْرُ اللَّهِ ثُمَّ إِنَّ النَّاسَ رَجَعُوا وَجَلَسَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَقَالَ : " مَنْ قَتَلَ قَتِيلًا لَهُ عَلَيْهِ بَيِّنَةٌ فَلَهُ سَلَبُهُ فَقُمْتُ فَقُلْتُ مَنْ يَشْهَدُ لِي ثُمَّ جَلَسْتُ ، ثُمَّ قَالَ : مَنْ قَتَلَ قَتِيلًا لَهُ عَلَيْهِ بَيِّنَةٌ فَلَهُ سَلَبُهُ فَقُمْتُ ، فَقُلْتُ : مَنْ يَشْهَدُ لِي ثُمَّ جَلَسْتُ ، ثُمَّ قَالَ : الثَّالِثَةَ مِثْلَهُ فَقُمْتُ ، فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : مَا لَكَ يَا أَبَا قَتَادَةَ فَاقْتَصَصْتُ عَلَيْهِ الْقِصَّةَ ، فَقَالَ : رَجُلٌ صَدَقَ يَا رَسُولَ اللَّهِ وَسَلَبُهُ عِنْدِي فَأَرْضِهِ عَنِّي ، فَقَالَ : أَبُو بَكْرٍ الصِّدِّيقُ رَضِيَ اللَّهُ عَنْهُ لَاهَا اللَّهِ إِذًا لَا يَعْمِدُ إِلَى أَسَدٍ مِنْ أُسْدِ اللَّهِ يُقَاتِلُ عَنِ اللَّهِ وَرَسُولِهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يُعْطِيكَ سَلَبَهُ ، فَقَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : صَدَقَ فَأَعْطَاهُ فَبِعْتُ الدِّرْعَ فَابْتَعْتُ بِهِ مَخْرَفًا فِي بَنِي سَلِمَةَ ، فَإِنَّهُ لَأَوَّلُ مَالٍ تَأَثَّلْتُهُ فِي الْإِسْلَامِ " .
Narrated Abu Qatada: We set out in the company of Allah's Apostle on the day (of the battle) of Hunain. When we faced the enemy, the Muslims retreated and I saw a pagan throwing himself over a Muslim. I turned around and came upon him from behind and hit him on the shoulder with the sword He (i.e. the pagan) came towards me and seized me so violently that I felt as if it were death itself, but death overtook him and he released me. I followed `Umar bin Al Khattab and asked (him), "What is wrong with the people (fleeing)?" He replied, "This is the Will of Allah," After the people returned, the Prophet sat and said, "Anyone who has killed an enemy and has a proof of that, will posses his spoils." I got up and said, "Who will be a witness for me?" and then sat down. The Prophet again said, "Anyone who has killed an enemy and has proof of that, will possess his spoils." I (again) got up and said, "Who will be a witness for me?" and sat down. Then the Prophet said the same for the third time. I again got up, and Allah's Apostle said, "O Abu Qatada! What is your story?" Then I narrated the whole story to him. A man (got up and) said, "O Allah's Apostle! He is speaking the truth, and the spoils of the killed man are with me. So please compensate him on my behalf." On that Abu Bakr As-Siddiq said, "No, by Allah, he (i.e. Allah's Apostle ) will not agree to give you the spoils gained by one of Allah's Lions who fights on the behalf of Allah and His Apostle." The Prophet said, "Abu Bakr has spoken the truth." So, Allah's Apostle gave the spoils to me. I sold that armor (i.e. the spoils) and with its price I bought a garden at Bani Salima, and this was my first property which I gained after my conversion to Islam.
Related hadith on this topic
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
This hadith also establishes that the belongings of a slain disbeliever rightfully belong to the mujahid (combatant) who killed him, and he should receive them. However, it is the commander of the army who, after due verification, will grant them to him.
This hadith also establishes that the belongings of a slain disbeliever rightfully belong to the mujahid (combatant) who killed him, and he should receive them. However, it is the commander of the army who, after due verification, will grant them to him.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 3142
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
➊
Hunayn is a valley located between Ta’if and Makkah Mukarramah, situated approximately 46 kilometers to the east of Makkah Mukarramah. In the eighth year of Hijrah, a battle was fought there in which there was a confrontation with the archers of Hawazin.
➋
Imam Bukhari rahimahullah has established from this hadith that the belongings (spoils) of a slain disbeliever are given to the killer. No khums (one-fifth share) is taken from it. The Messenger of Allah sallallahu alayhi wa sallam gave the spoils (mal-e-salab) to Abu Qatadah radi Allahu anhu, which had been seized by another person. However, when the Messenger of Allah sallallahu alayhi wa sallam became certain that Abu Qatadah radi Allahu anhu was indeed the killer, he took that equipment and handed it over to him. The Messenger of Allah sallallahu alayhi wa sallam had implemented this rule in the Battle of Badr, and then continued it at the time of the Battle of Hunayn as well: that the one entitled to the spoils (salab) is the one who kills a disbeliever or wounds him in such a way that his survival becomes impossible. In such a situation, anyone merely standing nearby has no right to the spoils. And Allah knows best.
➊
Hunayn is a valley located between Ta’if and Makkah Mukarramah, situated approximately 46 kilometers to the east of Makkah Mukarramah. In the eighth year of Hijrah, a battle was fought there in which there was a confrontation with the archers of Hawazin.
➋
Imam Bukhari rahimahullah has established from this hadith that the belongings (spoils) of a slain disbeliever are given to the killer. No khums (one-fifth share) is taken from it. The Messenger of Allah sallallahu alayhi wa sallam gave the spoils (mal-e-salab) to Abu Qatadah radi Allahu anhu, which had been seized by another person. However, when the Messenger of Allah sallallahu alayhi wa sallam became certain that Abu Qatadah radi Allahu anhu was indeed the killer, he took that equipment and handed it over to him. The Messenger of Allah sallallahu alayhi wa sallam had implemented this rule in the Battle of Badr, and then continued it at the time of the Battle of Hunayn as well: that the one entitled to the spoils (salab) is the one who kills a disbeliever or wounds him in such a way that his survival becomes impossible. In such a situation, anyone merely standing nearby has no right to the spoils. And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 3142
Maulana Dawood Raz
Hadith Commentary:
When the two Ansaris saw you (the Prophet sallallahu alayhi wa sallam) walking out of the mosque with them, you said this statement in order to remove their suspicion, the details of which are mentioned in the following hadith.
So, if a ruler or judge sees someone committing adultery, theft, or murder, he cannot punish the criminal based solely on his own knowledge until there is formal proof through testimony.
The same is narrated from Imam Ahmad rahimahullah.
Imam Abu Hanifah rahimahullah says: According to analogy (qiyas), it would have been permissible for the judge to decide based on his own knowledge in all such cases as well, but I abandon analogy and, on the basis of juristic preference (istihsan), I say that the judge should not issue a ruling in these cases based on his own knowledge.
When the two Ansaris saw you (the Prophet sallallahu alayhi wa sallam) walking out of the mosque with them, you said this statement in order to remove their suspicion, the details of which are mentioned in the following hadith.
So, if a ruler or judge sees someone committing adultery, theft, or murder, he cannot punish the criminal based solely on his own knowledge until there is formal proof through testimony.
The same is narrated from Imam Ahmad rahimahullah.
Imam Abu Hanifah rahimahullah says: According to analogy (qiyas), it would have been permissible for the judge to decide based on his own knowledge in all such cases as well, but I abandon analogy and, on the basis of juristic preference (istihsan), I say that the judge should not issue a ruling in these cases based on his own knowledge.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 7170
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
➊
Imam Bukhari rahimahullah’s intent is that if any ruler or judge witnesses a person committing adultery, theft, or murder, he cannot punish the criminal solely on the basis of his own knowledge until it is established through formal testimony. If he were to do so and make a decision without testimony, many harms would arise from this; then the judge would punish whomever he wished.
➋
Imam Abu Hanifah rahimahullah also says that according to analogy (qiyas), in all such cases it is permissible for the judge to decide based on his own knowledge. However, abandoning analogy, I say by way of juristic preference (istihsan) that no judge should decide based on his own knowledge; in this lies the path of safety.
(Fath al-Bari: 13/200)
➊
Imam Bukhari rahimahullah’s intent is that if any ruler or judge witnesses a person committing adultery, theft, or murder, he cannot punish the criminal solely on the basis of his own knowledge until it is established through formal testimony. If he were to do so and make a decision without testimony, many harms would arise from this; then the judge would punish whomever he wished.
➋
Imam Abu Hanifah rahimahullah also says that according to analogy (qiyas), in all such cases it is permissible for the judge to decide based on his own knowledge. However, abandoning analogy, I say by way of juristic preference (istihsan) that no judge should decide based on his own knowledge; in this lies the path of safety.
(Fath al-Bari: 13/200)
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 7170
Maulana Dawood Raz
Hadith Commentary:
From this hadith, one part of the chapter heading’s meaning is derived—that is, when there is no corruption, it is permissible to sell war equipment, because armor is also included among weapons, i.e., implements of war.
Now, as for the matter of selling weapons during times of corruption, some scholars have considered it disliked (makruh) when sold to those people who are on falsehood during times of tribulation (fitnah).
This is because it constitutes assistance in sin and transgression, and Allah the Exalted has said: “And cooperate in righteousness and piety, but do not cooperate in sin and aggression” ().
Selling to the group that is upon the truth is not disliked (makruh).
(Wahidi)
From this hadith, one part of the chapter heading’s meaning is derived—that is, when there is no corruption, it is permissible to sell war equipment, because armor is also included among weapons, i.e., implements of war.
Now, as for the matter of selling weapons during times of corruption, some scholars have considered it disliked (makruh) when sold to those people who are on falsehood during times of tribulation (fitnah).
This is because it constitutes assistance in sin and transgression, and Allah the Exalted has said: “And cooperate in righteousness and piety, but do not cooperate in sin and aggression” ().
Selling to the group that is upon the truth is not disliked (makruh).
(Wahidi)
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2100
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
When Abu Qatadah radi Allahu anhu killed a disbeliever during the Battle of Hunayn, the Messenger of Allah sallallahu alayhi wa sallam gave him all the belongings of the slain, among which was a coat of mail (armor) that he sold and purchased a garden with its proceeds. Imam Bukhari rahimahullah has mentioned this in detail in the Book of Expeditions (Kitab al-Maghazi). (Sahih al-Bukhari, al-Maghazi, Hadith: 4823) (2)
The purpose of Imam Bukhari rahimahullah is to show that selling weapons during times of turmoil and strife is a disliked act, because by doing so, one assists the buyer. This applies in the case where the buyer’s situation is ambiguous—whether he is upon the truth or is a rebel. If it is certain that the buyer is upon the truth, then there is no harm in selling weapons to him. (3)
In reality, the position of Imam Nawawi rahimahullah is that one may sell one’s property to any person. Imam Bukhari rahimahullah wishes to place a restriction on this. When Abu Qatadah radi Allahu anhu sold the coat of mail, even at that time there were emergency circumstances, but he certainly did not sell the armor to anyone from whom there was a danger to the Muslims. And Allah knows best.
(1)
When Abu Qatadah radi Allahu anhu killed a disbeliever during the Battle of Hunayn, the Messenger of Allah sallallahu alayhi wa sallam gave him all the belongings of the slain, among which was a coat of mail (armor) that he sold and purchased a garden with its proceeds. Imam Bukhari rahimahullah has mentioned this in detail in the Book of Expeditions (Kitab al-Maghazi). (Sahih al-Bukhari, al-Maghazi, Hadith: 4823) (2)
The purpose of Imam Bukhari rahimahullah is to show that selling weapons during times of turmoil and strife is a disliked act, because by doing so, one assists the buyer. This applies in the case where the buyer’s situation is ambiguous—whether he is upon the truth or is a rebel. If it is certain that the buyer is upon the truth, then there is no harm in selling weapons to him. (3)
In reality, the position of Imam Nawawi rahimahullah is that one may sell one’s property to any person. Imam Bukhari rahimahullah wishes to place a restriction on this. When Abu Qatadah radi Allahu anhu sold the coat of mail, even at that time there were emergency circumstances, but he certainly did not sell the armor to anyone from whom there was a danger to the Muslims. And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2100
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary: Benefits and Issues: According to the majority, on the day of sacrifice, it is preferable to throw the pebbles after the sun has risen. On the subsequent days, it is preferable after the sun has passed its zenith. If, during the days of Tashreeq, someone throws the pebbles before the sun has passed its zenith, then according to the four Imams, the pebbles must be thrown again. On the third day, according to the Hanafis and Imam Ahmad rahimahullah, it is permissible to throw the pebbles before the sun has passed its zenith, but departure (from Mina) should be after the sun has passed its zenith.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 3142
Shaykh Dr. Abdur Rahman Freywai
Explanation: ➊
This incident can be seen in Sahih al-Bukhari, hadith: 4322, 3143 and Sahih Muslim, hadith: 1751.
The event is interesting; do make sure to study it.
This incident can be seen in Sahih al-Bukhari, hadith: 4322, 3143 and Sahih Muslim, hadith: 1751.
The event is interesting; do make sure to study it.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1562
Shaykh Umar Farooq Saeedi
Benefits and Issues:
The wealth found with the slain person—
His killer alone is considered entitled to it.
And this is technically called "salb" (spoils taken directly from the slain).
That is, clothing, mount, and weapons, but whatever is left behind at his residence is not included or counted in this.
As for his cash and jewelry which are hidden,
There is a difference of opinion regarding them.
(: Nayl al-Awtar: 7/305)
The wealth found with the slain person—
His killer alone is considered entitled to it.
And this is technically called "salb" (spoils taken directly from the slain).
That is, clothing, mount, and weapons, but whatever is left behind at his residence is not included or counted in this.
As for his cash and jewelry which are hidden,
There is a difference of opinion regarding them.
(: Nayl al-Awtar: 7/305)
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2717
