Bukhari

Hadith Commentary:
Az-Zuhri said: There is no harm in the slaughtered animal of the Christian Arabs, but if you hear him invoking other than Allah at the time of slaughter, then do not eat it. And if you did not hear (anything), then Allah has made it lawful for you despite their disbelief (kufr). (Fath)

That is, the slaughtered animal of the Christian Arabs is permissible; however, if you hear that at the time of slaughter he invoked a name other than Allah, then do not eat his slaughtered animal. But if you did not hear (anything), then his slaughtered animal is lawful for you, even though they are disbelievers.

Hadith Commentary:
From this hadith, it is understood that the fat of animals slaughtered by the People of the Book is lawful (halal) for us, because the Messenger of Allah (sallallahu alayhi wa sallam) permitted Abdullah bin Mughaffal (radi Allahu anhu) to benefit from that fat. Therefore, any animal slaughtered by the People of the Book, and over which the name of Allah (Bismillah) is recited at the time of slaughter, then that animal and its fat are lawful (halal) for us, even if they are from among the people at war (ahl al-harb), as is evident from the aforementioned incident.
However, if they slaughtered it in the name of ‘Isa (alayhis salam), then it is not permissible for us to eat it.
And Allah knows best.

Hadith Commentary:
1.
It is not permissible to take war booty before its distribution, except for items of food and drink, which may be taken. The act of taking a bag filled with fat in such a manner indicated that their striving (jihad) was for the sake of acquiring this wealth and property; therefore, Abdullah bin Mughaffal radi Allahu anhu felt ashamed and abandoned it.
2.
Our remarks regarding this hadith have already been mentioned previously.
(, Sahih al-Bukhari, Kitab al-Fard al-Khums, Hadith: 3153)

Sahih Bukhari Hadith Number: 3153 Chapter: «بَابُ مَا يُصِيبُ مِنَ الطَّعَامِ فِي أَرْضِ الْحَرْبِ:»
Relationship between the Chapter and the Hadith:
In the translation of the chapter, Imam Bukhari rahimahullah has indicated the issue that it is permissible to use edible items from the spoils of war before their distribution, and this is also the view of the majority.
Hafiz Ibn Hajar rahimahullah states:
«الجمهور على جواز أحد الغانمين من القوت وما يصلح به و كل طعام يعتاد اكله عموما و كذالك علف الدواب سواء كان قبل القسمة أو بعدها بإذن الامام و بغير إذنه.» [فتح الباري، ج 6، ص: 314]
“That is, the majority have given the verdict that those who acquire spoils of war may consume edible items before their distribution. Similarly, fodder may also be given to their animals in the same way, whether with the permission of the Imam or without it.”
However, in the hadith, there are no explicit words of permission from the Prophet sallallahu alayhi wa sallam, but if one reflects, it is mentioned that Sayyiduna Abdullah bin Mughaffal radi Allahu anhu said: I rushed towards the leather container in which there was fat, and when I saw the Prophet sallallahu alayhi wa sallam, I was overcome with shyness. Now, the relevance of the hadith to the chapter heading is as follows: the Prophet sallallahu alayhi wa sallam saw Sayyiduna Abdullah radi Allahu anhu rushing towards that item before its distribution and did not say anything to him. Therefore, the silence of the Prophet sallallahu alayhi wa sallam is evidence of the permissibility of this act.
Hafiz Ibn Hajar rahimahullah states:
«وموضع الحجة عدم إنكار النبى صلى الله عليه وسلم، بل فى رواية مسلم ما يدل على رضاه فانه فيه، فإذا رسول الله صلى الله عليه وسلم متبسما و زاد أبوداؤد الطيالسي فى آخره ”فقال هولك“.» [فتح الباري، ج 6، ص: 315]
“That is, the fact that the Prophet sallallahu alayhi wa sallam did not object to him is proof (hujjah). In fact, in Sahih Muslim, there are words indicating the Prophet’s approval: ‘The Prophet sallallahu alayhi wa sallam smiled when he saw him.’ And in Abu Dawud Tayalisi, the final words are: ‘This is yours.’”
Mulla Ali Qari rahimahullah states in Mirqat:
«قال عياض: أجمع العلماء على جواز أكل طعام الحربين ما دام المسلمون فى دار الحرب على قدر حاجتهم، ولم يشترط أحد من العلماء استئذان الامام إلا الزهري.» [مرقاة المفاتيح، ج 7، ص: 576]
“Qadi Iyad rahimahullah states that there is consensus among the scholars on the permissibility that a Muslim may eat in the abode of war (dar al-harb) according to his need, and none of the scholars have stipulated any condition that the Imam’s permission is necessary for this, except for Imam Zuhri rahimahullah.”
Therefore, the relevance between the chapter heading and the hadith is clear: the Prophet sallallahu alayhi wa sallam remained silent, and this silence is in fact considered his permission, the various wordings of which are recorded in different books of hadith.
Benefit:
In the above hadith, the silence of the Prophet sallallahu alayhi wa sallam is, in technical terms, called a “taqreeri” hadith, and the hadith or Sunnah of the Prophet sallallahu alayhi wa sallam (according to the scholars, these two terms are synonymous in meaning), whether it is verbal, practical, or tacit approval, all three types are, by consensus, authoritative (hujjah) with certainty. The scholars of hadith consider all three types as authoritative, and all three are related to the blessed person of the Prophet sallallahu alayhi wa sallam.
① Imam Ibn Hazm rahimahullah states:
«السنن تنقسم ثلاثة أقسام، قول من النبى صلى الله عليه وسلم، و فعل منه عليه السلام، و شيئ رآه و علمه فأقر عليه.» [الأحكام فى أصول الأحكام، ج 1، ص: 178]
“That is, there are three types of Sunnah: the statement of the Prophet, the action of the Prophet, and (taqreer) knowing and maintaining what the Prophet sallallahu alayhi wa sallam saw.”
② It is written in Nur al-Anwar by Mulla Ahmad Jiwan:
«السنة: تطلق على قول الرسول صلى الله عليه وسلم وفعله و سكوته و على أقوال الصحابة و أفعالهم.» [نور الانوار، ج 1، ص: 179]
“That is, the term Sunnah applies to the statement, action, and silence of the Messenger of Allah sallallahu alayhi wa sallam.”
③ Imam Salih bin Tahir al-Jaza’iri states:
«وأما السنة فتطلق فى الأكثر على ما أضيف إلى النبى صلى الله عليه وسلم من قول أو فعل أو تقرير فهي مرادفة للحديث عند علماء الأصول.» [توضية النظر، ج 3، ص: 3]
“The term Sunnah is most often applied to that which is attributed to the Prophet sallallahu alayhi wa sallam, whether it is a statement, action, or tacit approval. This is synonymous with hadith according to the scholars of usul.”
④ Hajjaj al-Khatib writes:
«كل ما أشرع عن النبى صلى الله عليه وسلم من قول أو فعل أو تقرير أو صفة خلقية أو خلقية أو سيرة سواءا كان ذالك قبل البعثة . . ..» [السنة قبل التدوين، ص: 16]
“The Sunnah of the Messenger sallallahu alayhi wa sallam is the collective name for all his statements, actions, tacit approvals, physical and moral characteristics, virtues, qualities, and biography.”
⑤ Imam Jurjani rahimahullah states:
«”السنة“ شريعة مشترك بين ما صدر عن النبى صلى الله عليه وسلم من قول أو فعل أو تقرير وبين ما واظب النبى صلى الله عليه وسلم عليه بلا وجوب.» [التعريفات، ص: 108]
“In the Shari’ah, the word Sunnah is commonly used for the statement, action, tacit approval of the Prophet sallallahu alayhi wa sallam, and for that which he consistently practiced without making it obligatory.”

Hadith Commentary:
From here, the chapter heading is derived because the Messenger of Allah (sallallahu alayhi wa sallam) did not prohibit them.

Hadith Commentary:
1.
If, during battle, food and drink items are found which are perishable, the consensus (fatwa) of the majority (jumhur) is that such items may be taken by the combatants (mujahideen) before distribution, and they may use them for themselves. The same ruling applies to animal fodder and the like; it may also be given to animals without permission.
2.
Abdullah bin Mughaffal (radi Allahu anhu) felt natural shyness; however, the Messenger of Allah (sallallahu alayhi wa sallam) did not prohibit him from doing so.

Hadith Commentary: Benefits and Issues: This hadith establishes that in the abode of war (dar al-harb), it is permissible to eat food found on the battlefield. However, it is not permissible to bring such food along into the abode of peace (dar al-salam). According to the majority of scholars, it is not necessary to seek the permission of the leader (imam) for the use of edible items, but according to Imam al-Zuhri, obtaining permission is necessary. Similarly, in dar al-harb, it is permissible to use mounts and clothing, and weapons of war may also be used. However, these items cannot be taken into personal ownership, and except for al-Awza‘i, no one considers it necessary to seek the imam’s permission for this.

Benefits and Issues:
The jurists of hadith state that khums (one-fifth share) is not taken out from foodstuffs (things that are eaten and drunk).
And the mujahideen are permitted to eat and drink from them as needed.
However, grain obtained in very large quantities, after use, will be distributed as spoils of war (ghanimah).

2.
The issue of khums is coming ahead in Chapter 158.

3.
The slaughtered animal (dhabihah) of the People of the Book is lawful (halal).
And so is their fat.

(1) The ruling of the Shari‘ah regarding the slaughtered animals of the People of the Book, that is, the Jews and Christians, is that it is permissible to eat them. In the Noble Qur’an, Allah the Exalted says: ﴿وَطَعَامُ الَّذِينَ أُوتُوا الْكِتَابَ حِلٌّ لَكُمْ﴾ () “The food of those who were given the Book (Jews and Christians) is lawful for you.” The exegete of the Qur’an, Abdullah ibn Abbas (radi Allahu anhu), says: ﴿طَعَامُهُمْ، ذَبَائِحُهُمْ﴾ meaning, by the food of the People of the Book (Jews and Christians), what is meant is their slaughtered animals. See: (Sahih al-Bukhari, The Book of Slaughtering and Hunting, before Hadith: 5508)

(2) The relevance of the hadith to the chapter heading (title) is as follows: the fat that was in the discarded bag was certainly from a slaughtered animal, and it is apparent that it had been slaughtered by a Jew. If their slaughtered animal were not lawful, then the fat of that animal would also not be lawful, and the Companion of the Messenger would not have picked it up. The Messenger of Allah (sallallahu alayhi wa sallam) was also present; he too would have prohibited it. But instead of stopping him, he (alayhis-salam) smiled upon seeing it, from which it is understood that this fat was lawful. It is also known that even if there is war with the People of the Book, their slaughtered animals and all their parts remain lawful.

(3) Due to the misconduct of the Jews, some fat of the cow and goat was made unlawful for them. Despite this, Abdullah ibn Mughaffal (radi Allahu anhu) picked it up, because it was unlawful for the Jews, not for the Muslims, and the Messenger of Allah (sallallahu alayhi wa sallam) affirmed his action by smiling. In Sahih al-Bukhari and Sahih Muslim, these words are also found: “When I saw the Prophet (sallallahu alayhi wa sallam), I felt shy,” meaning I became somewhat embarrassed. See (Sahih al-Bukhari, The Obligation of Khums, Hadith: 3153, and Sahih Muslim, The Book of Jihad, Hadith: 1772)

(4) “He was smiling” upon seeing my eagerness. This is called a tacit (taqrir) hadith. And it is, by consensus, a legal proof. It is categorically impossible that an act be unlawful and prohibited in the Shari‘ah, and the Prophet (sallallahu alayhi wa sallam) would see it and smile or remain silent.