Bukhari

Hadith Commentary:
This hadith has also been narrated by Ubaydullah ibn Musa from Shayban, along with Harb ibn Shaddad.
In this narration as well, the mention of the elephant is present.
Some people have narrated from Abu Nu‘aym the word "killing" instead of "elephant." And Ubaydullah ibn Musa, in his narration (narrated by Muslim), has stated in place of "or retaliation" as follows: "Either the blood money (diyah) is given, or the family of the slain is given the right of retaliation."

Hadith Commentary:
(1)
There is a difference of opinion among the scholars of the Ummah regarding accepting blood money (diyah) from one who has committed intentional murder. The scholars of Kufa hold the view that in the case of intentional killing (qatl ‘amd), blood money (diyah) is only an option if the killer is willing to pay it; otherwise, retribution (qisas) is to be carried out. However, the majority (jumhur) are of the opinion that if the heirs of the slain demand blood money in a case of intentional murder, the killer will be compelled to pay it. Imam Bukhari rahimahullah has presented this chapter heading and hadith in support of the majority, that the heirs of the slain have the choice to either take retribution (qisas) or accept blood money (diyah).

(2)
Among the Children of Israel (Bani Isra’il), only retribution (qisas) was obligatory. Allah, the Exalted, has granted this Ummah the concession of accepting blood money (diyah), and has declared it a reduction from Himself. The statement of Allah, the Exalted, is: “This is a concession from your Lord.” (: al-Baqarah 2:178) In one narration, it is mentioned that the heirs of the slain have the choice of one of three things:
• To take retribution (qisas).
• To pardon.
• To settle for blood money (diyah).
If anyone introduces a fourth option, his hand can be restrained. (Sunan Abi Dawud, al-Diyat, Hadith: 4496) The fourth thing refers to demanding more than retribution (qisas) or blood money (diyah).

Hadith Commentary:
In the narration, "the people of the elephant" refers to Abraha, who came with an army of elephants to demolish the Ka'bah. This is mentioned in Surah Alam Tara Kayfa ().
This hadith also provides evidence for the writing of hadith during the Prophetic era, which is sufficient and comprehensive to refute the baseless claims of the deniers of hadith.

Hadith Commentary:
(1)
It is narrated from Abdur Rahman bin Uthman al-Taymi radi Allahu anhu that the Messenger of Allah sallallahu alayhi wa sallam forbade pilgrims from picking up lost property.
(Sahih Muslim, al-Luqatah, Hadith: 4509(1724))
The implication of this hadith is that one should not pick up anything that has been dropped in the Haram.

(2)
Imam Bukhari rahimahullah, through the aforementioned heading and the chapter presented, has established with two hadiths that it is permissible to pick up lost property in the Haram of Makkah; the prohibition applies in the case when it is picked up with the intention of becoming its owner.
The implication of the aforementioned hadiths is that the lost property (luqatah) of the Haram should only be picked up by one who will announce it; otherwise, it should be left where it is.
After making an announcement, if its owner is not found, then it is also not permissible to use it.

(3)
Now, the government of Saudi Arabia has established a trust office (amanat khana) within the Haram itself for safeguarding lost items. Those who find something deposit it there, and those who have lost something contact them.

Explanation:
That is, permission is granted to uproot it. The Messenger of Allah (sallallahu alayhi wa sallam) had these issues recorded in writing for the Yemeni questioner at his request. From this, it is understood that the compilation and writing of hadith began in the very era of the Prophet (sallallahu alayhi wa sallam) himself, which was further developed with great care during the time of Umar ibn Abd al-Aziz (rahimahullah). Therefore, those who cast doubts and suspicions upon the Prophetic hadith, and claim that the collection of hadith is the fabrication of some non-Arabs, are absolute liars, fabricators, and indeed enemies of Islam. One should never pay any attention to their absurdities. In the case where the word «قتل» is accepted, the meaning will be that Allah the Exalted saved the people of Makkah from being killed, and indeed, killing and bloodshed were declared forbidden here. And in the case of the word «فيل», it is an allusion to the incident mentioned in the Noble Qur’an in Surah al-Fil, that in the year of the birth of the Messenger of Allah (sallallahu alayhi wa sallam), the king of Abyssinia named Abraha came with many elephants to demolish the Ka‘bah, but Allah the Exalted destroyed them on the way through the pebbles of the birds called Ababil.

Hadith Commentary:
➊
In the era of ignorance (Jahiliyyah), there was enmity between two famous Arab tribes, Khuza‘ah and Banu Layth. As a result, a man from Banu Layth killed a person named Ahmar from Khuza‘ah. Then, after the conquest of Makkah and the proclamation of peace, a man from Khuza‘ah named Khirash bin Umayyah found an opportunity and killed a man from Banu Layth named Jundub bin Aqra‘.
A complaint was made to the Messenger of Allah (sallallahu alayhi wa sallam) that after the proclamation of peace, this act was committed by the Khuza‘ah, which could endanger public safety. Thus, the Prophet immediately came and delivered a sermon.

➋
In this narration, Imam al-Bukhari (rahimahullah) states that his teacher Abu Nu‘aym presented the words “al-qatl” (the killing) or “al-fil” (the elephant) with uncertainty, whereas other narrators of this narration, such as ‘Ubaydullah bin Musa, state definitively “al-fil,” as Imam al-Bukhari (rahimahullah) has clarified in Kitab al-Diyat (Hadith 6880).
If stated definitively, the meaning would be that Allah, the Exalted, prevented the People of the Elephant (Ashab al-Fil) from entering Makkah, i.e., when the king of Abyssinia attacked Makkah with elephants, Allah, the Exalted, corrected their minds through small birds.
This refers to the time when Makkah was the House of Idols (Bayt al-Asnam).
Now that it has become the Abode of Islam (Dar al-Islam), how can killing, bloodshed, and breach of peace be tolerated in it?
(Fath al-Bari: 1/272)

➌
What did the man from the Yemeni tribe of Banu Kalb request to be written? This is not clarified here, which creates ambiguity.
At the end of another narration, it is clarified that the Prophet (sallallahu alayhi wa sallam) ordered that the sermon be written and given to him. Thus, the narrator of this hadith, Walid bin Muslim, asked his teacher al-Awza‘i:
What was requested to be written from the Messenger of Allah (sallallahu alayhi wa sallam)? He replied:
A sermon consisting of admonitions and advice was requested to be written.
(Sahih al-Bukhari, al-Luqatah, Hadith: 2434)
This part of the hadith corresponds to the title established by Imam al-Bukhari (rahimahullah).
This proves that the act of writing hadith began in the blessed era of the Messenger of Allah (sallallahu alayhi wa sallam) with his permission.
(Fath al-Bari: 1/273)
This means that the foundation of the compilation of hadith was laid in the Prophetic era itself, which was then greatly developed with care during the time of the rightly guided caliph, ‘Umar bin ‘Abd al-‘Aziz (rahimahullah).
Now, those who declare it a non-Arab conspiracy and cast doubts upon it are enemies of Islam; their words are not worthy of attention.

➍
When the land of Makkah is a place of sanctity, it is not permissible to cut its trees or break its thorns. However, those thorns which cause harm to passersby may be cut, because it is necessary to remove harmful things within the boundaries of the Haram, just as the killing of five harmful animals is clarified.
When there is such restriction regarding thorns, permission to cut grass cannot be given either. On this basis, al-‘Abbas (radi Allahu anhu) submitted a request for permission to cut “idhkhar” (fragrant grass), because they would spread it in their homes and place it on their roofs, and it was also used in graves for lining the lahd (niche) and closing their gaps, i.e., both the living and the dead needed it. Thus, the Prophet granted permission to cut it.
Note:
The rulings regarding picking up lost property in the Haram and non-Haram, and the rulings of unlawful killing, will be discussed in Kitab al-Luqatah and Kitab al-Diyat.

Hadith Commentary:

Benefits and Issues:

➊ According to the majority, in Makkah, only that person may pick up a lost item who will always and forever make announcements and publicize it. Whoever cannot do so should not pick it up. However, according to the Hanafis, most of the Malikis, and some of the Shafi'is, its ruling is the same as in other regions, and here the objective is to reach the owner. This also dispels the notion and thought that pilgrims come from various corners and regions, and it is not known to whom the item belongs, so what is the benefit of announcing and publicizing it? Therefore, this doubt was removed, and it was stated that its announcement is necessary according to the general principle and rule (the ruling of luqatah will come at its proper place, and the specific time was until Asr).

➋ According to the majority, it is not permissible to cut even a thorn. The position of some Shafi'is that it is permissible to cut a painful thorn is not correct. Similarly, it is not permissible to pick up or disturb game animals from that place. According to the Malikis and Hanafis, it is also not permissible to graze the grass of the Haram, and according to Imam Shafi'i rahimahullah, just as idhkhir is a human necessity, grass is an animal necessity. Therefore, it is permissible to let animals graze.

➌ According to the majority, the right to choose between retribution (qisas) and blood money (diyah) belongs to the heirs of the murdered person. However, according to Imam Malik rahimahullah and Imam Abu Hanifah rahimahullah, the choice belongs to the killer. Apparently, the matter can be decided by mutual consent, because the original ruling is qisas. Now, if the heirs do not accept diyah, or the killer is not willing to pay diyah, then how can compulsion be possible?

➍ The request of Abu Shah radi Allahu anhu to have it written proves that in the last period of the life of the Prophet sallallahu alayhi wa sallam, writing had become common. Therefore, the Prophet sallallahu alayhi wa sallam did not give an individual order to write, but gave a general order: "Write for Abu Shah." During the lifetime of the Prophet sallallahu alayhi wa sallam, the writing of blessed hadiths had already begun, but the work of compiling all the hadiths together was done later.

604 Lexical Explanation:
«حَبَسَ» means to restrain and prohibit.
«الْفِيل» refers to the elephant which Abraha’s army brought to demolish the House of Allah (Baytullah); its story is well-known and famous.
«وَسَلَّطْ» is derived from «تسليط». It is used in the sense of dominance.
«سَاعَةً مِّنْ نَهَارِ» means an hour of the day. Here, it refers to the time of ‘Asr (afternoon) for entering the House of Allah.
«لَايُنَفَّرُ» is in the passive form from «تنفير», meaning “should not be driven away.”
«وَلَا يُخْتَلٰي» is also in the passive form, meaning “should not be cut.”
«سَاقِطَتُهَا» means its fallen or lost item.
«أِلَّا لِمُنْشِدٍ» is derived from «انشاد», meaning that a fallen item should not be picked up with the intention of eating or taking possession of it. However, it is permissible to pick it up with the intention of introducing it among the people until its owner is found and he takes it back.
«قَتِيل» means the slain person.
«فَهُوَ» means the heir (wali) of the slain.
«بِخَيْرِ النَّظَرَيْنِ» means the heir has the right to choose between two things: if he wishes, he may take retribution (qisas), or if he wishes, he may accept blood money (diyah).
«أِلّا الأِذْخِرِ» means you should say: «أِلَّا الْاِذْخِرَ» “except for idhkhir,” that it is permitted to cut it. In “idhkhir,” the hamzah and the kha have a kasrah (below), and between them is a sakin dhal. It is a fragrant grass with broad leaves, which used to be placed over the wooden beams of house roofs and was also used to seal graves. The holes in the stones or unbaked bricks placed over graves were also sealed with it.
Included in the meaning of the sanctity of Makkah al-Mukarramah is that fighting with its inhabitants is forbidden. Whoever enters it is as if he has attained security. Hunting, cutting its trees and herbs, and picking up fallen items for personal use are all forbidden within it.

Takhrij:
««إٍسناده صحيح» Narrated by Abu Dawud, Book of Blood Money, Chapter: The Guardian of the Intentional Murderer Takes the Blood Money, Hadith: 4504; and al-Tirmidhi, Book of Blood Money, Hadith: 1406. Its origin is agreed upon: al-Bukhari, Book of Blood Money, Hadith: 6880; and Muslim, Book of Pilgrimage, Hadith: 1355.»©

Explanation:
Hadith Narrator:
«حضرت ابوشریح خزاعی رضی اللہ عنہ » ‘Amr ibn Khuwailid, and according to some, Khuwailid ibn ‘Amr al-Ka‘bi al-‘Adawi al-Khuza‘i.
He accepted Islam before the Conquest of Makkah.
He passed away in Madinah in the year 68 AH.