سنن ابن ماجه
Ibn Majah
كتاب الجهادThe Chapters on Jihad
بَابُ : الْمُبَارَزَةِ وَالسَّلَبِChapter: Single combat and plundering
Hadith 2836
اُردوEn
حَدَّثَنَا عَلِيُّ بْنُ مُحَمَّدٍ ، حَدَّثَنَا وَكِيعٌ ، حَدَّثَنَا أَبُو الْعُمَيْسِ وَعِكْرِمَةُ بْنُ عَمَّارٍ ، عَنْ إِيَاسِ بْنِ سَلَمَةَ بْنِ الْأَكْوَعِ ، عَنْ أَبِيهِ ، قَالَ : " بَارَزْتُ رَجُلًا فَقَتَلْتُهُ ، فَنَفَّلَنِي رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ سَلَبَهُ " .
´It was narrated from Iyas bin Salamah bin Akwa’ that his father said:` “I fought a man and killed him, and the Messenger of Allah (ﷺ) awarded me his spoils.”
Related hadith on this topic
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
(1)
By "salb" is meant the personal belongings of the slain, such as clothing, sword, etc.
These items are the right of that very combatant who kills that disbeliever.
(2)
Apart from the "salb," the rest of the war booty (mal-e-ghanima) is the collective property of the combatants.
From this, each combatant may take only that which comes to his share at the time of the distribution of the war booty.
(1)
By "salb" is meant the personal belongings of the slain, such as clothing, sword, etc.
These items are the right of that very combatant who kills that disbeliever.
(2)
Apart from the "salb," the rest of the war booty (mal-e-ghanima) is the collective property of the combatants.
From this, each combatant may take only that which comes to his share at the time of the distribution of the war booty.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2836
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
➊
The person whom Salamah bin Akwa‘ radi Allahu anhu killed was a combatant and had come without seeking protection (aman).
Although it apparently seemed that he had come under protection, when he had completed his task and finished his espionage, he quickly got up and began to run swiftly.
From this, it is understood that he had entered Dar al-Islam without seeking protection, and thus he was killed.
➋
There is consensus among all scholars that a spy engaged in war should be killed.
This incident pertains to the Battle of Hawazin. Prior to this, the rulings regarding spoils of war (mal al-ghanima) had already been revealed, stating that they are solely for Allah, but the Messenger of Allah sallallahu alayhi wa sallam made an exception to this general Qur’anic ruling, specifying that the equipment of a disbeliever goes to the one who kills him.
(Fath al-Bari: 6/204)
➊
The person whom Salamah bin Akwa‘ radi Allahu anhu killed was a combatant and had come without seeking protection (aman).
Although it apparently seemed that he had come under protection, when he had completed his task and finished his espionage, he quickly got up and began to run swiftly.
From this, it is understood that he had entered Dar al-Islam without seeking protection, and thus he was killed.
➋
There is consensus among all scholars that a spy engaged in war should be killed.
This incident pertains to the Battle of Hawazin. Prior to this, the rulings regarding spoils of war (mal al-ghanima) had already been revealed, stating that they are solely for Allah, but the Messenger of Allah sallallahu alayhi wa sallam made an exception to this general Qur’anic ruling, specifying that the equipment of a disbeliever goes to the one who kills him.
(Fath al-Bari: 6/204)
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 3051
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary: Benefits and Issues:
From this hadith, it is understood that it is permissible to kill a spy.
All jurists are in agreement on this matter, and regarding a Muslim spy,
according to Imam Abu Hanifah,
Imam Shafi'i, and some of the Malikis, the ruler may impose whatever punishment he deems appropriate other than execution.
According to Imam Malik, the ruler has discretion
to do as he sees fit according to the circumstances of the time, and some Malikis are of the opinion
that he should be executed.
From this hadith, it is understood that it is permissible to kill a spy.
All jurists are in agreement on this matter, and regarding a Muslim spy,
according to Imam Abu Hanifah,
Imam Shafi'i, and some of the Malikis, the ruler may impose whatever punishment he deems appropriate other than execution.
According to Imam Malik, the ruler has discretion
to do as he sees fit according to the circumstances of the time, and some Malikis are of the opinion
that he should be executed.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 4572
Shaykh Umar Farooq Saeedi
Benefits and Issues:
➊
A disbeliever spy, even if he is a musta'man (one who has entered with permission among the Muslims), can be killed, because he is included among the harbi (enemy) disbelievers.
➋
The special belongings of a slain disbeliever are given to the mujahid (fighter in jihad) who killed him. This is called salb (spoils taken personally from the slain).
➌
The foundation of success in jihad is the help of Allah Ta'ala and piety (taqwa). Other means are merely apparent causes, but it is not permissible to ignore them.
➍
Hazrat Salamah bin Akwa' radi Allahu anhu was a young man and was extremely distinguished in running fast. That is why he caught up with the camel rider.
➊
A disbeliever spy, even if he is a musta'man (one who has entered with permission among the Muslims), can be killed, because he is included among the harbi (enemy) disbelievers.
➋
The special belongings of a slain disbeliever are given to the mujahid (fighter in jihad) who killed him. This is called salb (spoils taken personally from the slain).
➌
The foundation of success in jihad is the help of Allah Ta'ala and piety (taqwa). Other means are merely apparent causes, but it is not permissible to ignore them.
➍
Hazrat Salamah bin Akwa' radi Allahu anhu was a young man and was extremely distinguished in running fast. That is why he caught up with the camel rider.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2654
