صحيح البخاري
Bukhari
كتاب المغازيThe Book of Al- Maghazi
بَابُ قَوْلِ اللَّهِ تَعَالَى: {وَيَوْمَ حُنَيْنٍ إِذْ أَعْجَبَتْكُمْ كَثْرَتُكُمْ فَلَمْ تُغْنِ عَنْكُمْ شَيْئًا وَضَاقَتْ عَلَيْكُمُ الأَرْضُ بِمَا رَحُبَتْ ثُمَّ وَلَّيْتُمْ مُدْبِرِينَ ثُمَّ أَنْزَلَ اللَّهُ سَكِينَتَهُ} إِلَى قَوْلِهِ: {غَفُورٌ رَحِيمٌ} :Chapter. The Statement of Allah: (“Truly, Allah has given you victory on many battlefields), and on the day of Hunain (battle) when you rejoiced at your great number… (up to)… Oft-Forgiving, Most Merciful.” (V.9:22-27)
Hadith 4321
اُردوEn
حَدَّثَنَا عَبْدُ اللَّهِ بْنُ يُوسُفَ ، أَخْبَرَنَا مَالِكٌ ، عَنْ يَحْيَى بْنِ سَعِيدٍ ، عَنْ عُمَرَ بْنِ كَثِيرِ بْنِ أَفْلَحَ ، عَنْ أَبِي مُحَمَّدٍ مَوْلَى أَبِي قَتَادَةَ ، عَنْ أَبِي قَتَادَةَ ، قَالَ : خَرَجْنَا مَعَ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَامَ حُنَيْنٍ ، فَلَمَّا الْتَقَيْنَا كَانَتْ لِلْمُسْلِمِينَ جَوْلَةٌ ، فَرَأَيْتُ رَجُلًا مِنَ الْمُشْرِكِينَ قَدْ عَلَا رَجُلًا مِنَ الْمُسْلِمِينَ ، فَضَرَبْتُهُ مِنْ وَرَائِهِ عَلَى حَبْلِ عَاتِقِهِ بِالسَّيْفِ ، فَقَطَعْتُ الدِّرْعَ وَأَقْبَلَ عَلَيَّ ، فَضَمَّنِي ضَمَّةً وَجَدْتُ مِنْهَا رِيحَ الْمَوْتِ ، ثُمَّ أَدْرَكَهُ الْمَوْتُ ، فَأَرْسَلَنِي فَلَحِقْتُ عُمَرَ بْنَ الْخَطَّابِ ، فَقُلْتُ : مَا بَالُ النَّاسِ ، قَالَ : أَمْرُ اللَّهِ عَزَّ وَجَلَّ ، ثُمَّ رَجَعُوا وَجَلَسَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَقَالَ : " مَنْ قَتَلَ قَتِيلًا لَهُ عَلَيْهِ بَيِّنَةٌ فَلَهُ سَلَبُهُ " ، فَقُلْتُ : مَنْ يَشْهَدُ لِي ؟ ثُمَّ جَلَسْتُ ، قَالَ : ثُمَّ قَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مِثْلَهُ ، فَقُمْتُ ، فَقُلْتُ : مَنْ يَشْهَدُ لِي ؟ ثُمَّ جَلَسْتُ ، قَالَ : ثُمَّ قَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مِثْلَهُ ، فَقُمْتُ ، فَقَالَ : " مَا لَكَ يَا أَبَا قَتَادَةَ ؟ " فَأَخْبَرْتُهُ ، فَقَالَ رَجُلٌ : صَدَقَ ، وَسَلَبُهُ عِنْدِي فَأَرْضِهِ مِنِّي ، فَقَالَ أَبُو بَكْرٍ : لَاهَا اللَّهِ إِذًا لَا يَعْمِدُ إِلَى أَسَدٍ مِنْ أُسْدِ اللَّهِ يُقَاتِلُ عَنِ اللَّهِ وَرَسُولِهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَيُعْطِيَكَ سَلَبَهُ ، فَقَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " صَدَقَ ، فَأَعْطِهِ " ، فَأَعْطَانِيهِ ، فَابْتَعْتُ بِهِ مَخْرَفًا فِي بَنِي سَلِمَةَ فَإِنَّهُ لَأَوَّلُ مَالٍ تَأَثَّلْتُهُ فِي الْإِسْلَامِ ".
Narrated Abu Qatada: We set out along with the Prophet during the year of (the battle of) Hunain, and when we faced the enemy, the Muslims (with the exception of the Prophet and some of his companions) retreated (before the enemy). I saw one of the pagans over-powering one of the Muslims, so I struck the pagan from behind his neck causing his armor to be cut off. The pagan headed towards me and pressed me so forcibly that I felt as if I was dying. Then death took him over and he released me. Afterwards I followed `Umar and said to him, "What is wrong with the people?" He said, "It is the Order of Allah." Then the Muslims returned (to the battle after the flight) and (after overcoming the enemy) the Prophet sat and said, "Whoever had killed an Infidel and has an evidence to this issue, will have the Salb (i.e. the belonging of the deceased e.g. clothes, arms, horse, etc)." I (stood up) and said, "Who will be my witness?" and then sat down. Then the Prophet repeated his question. Then the Prophet said the same (for the third time). I got up and said, "Who will be my witness?" and then sat down. The Prophet asked his former question again. So I got up. The Prophet said, What is the matter, O Abu Qatada?" So I narrated the whole story; A man said, "Abu Qatada has spoken the truth, and the Salb of the deceased is with me, so please compensate Abu Qatada on my behalf." Abu Bakr said, "No! By Allah, it will never happen that the Prophet will leave a Lion of Allah who fights for the Sake of Allah and His Apostle and give his spoils to you." The Prophet said, "Abu Bakr has spoken the truth. Give it (the spoils) back to him (O man)!" So he gave it to me and I bought a garden in (the land of) Banu Salama with it (i.e. the spoils) and that was the first property I got after embracing 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
