Mu'jam al-Saghir

Hadith Commentary:
➊
This hadith proves that the mujahideen are permitted to consume, as needed, from the spoils of war (mal-e-ghanīmah), but they are prohibited from eating the meat of donkeys due to its prohibition, not because prior permission for consumption had not been obtained.

➋
The narrator asked Sa‘id ibn Jubayr rahimahullah because he was a close student of Ibn ‘Abbas radi Allahu anhu, and from Ibn ‘Abbas radi Allahu anhu, the permissibility of donkey meat has been narrated. However, Sa‘id ibn Jubayr rahimahullah had thoroughly investigated the prohibition of it from other Companions radi Allahu anhum ajma‘in, and thus he issued a fatwa of its prohibition with certainty. Now, there is no difference of opinion regarding its prohibition; rather, all the scholars are unanimous upon its impermissibility.

➌
Those items which are related to food, or those things which customarily provide the benefit of food, as well as animals’ grass and fodder, etc.—all such items may be taken without the permission of the leader (imam) before distribution, provided the intention is not hoarding or turning it into property of value.

And Allah knows best.

Hadith Commentary: Benefits and Issues:
From these ahadith, it is established that the Messenger of Allah (sallallahu alayhi wa sallam) used to perform two rak‘ahs daily after ‘Asr. However, in other ahadith, he (sallallahu alayhi wa sallam) forbade prayer after ‘Asr.

The reconciliation of these ahadith is found in the authentic hadith of Sunan Abi Dawud, in which it is stated that the Prophet (sallallahu alayhi wa sallam) forbade prayer after ‘Asr except in the condition that the sun is still high. From this, it is understood that after ‘Asr, as long as the sun remains high, one may perform supererogatory (nafl) prayers, especially the two rak‘ahs that the Messenger of Allah (sallallahu alayhi wa sallam) used to perform. However, when the sun is no longer high, then performing prayer is prohibited, except for those prayers that have a specific reason, such as qada’ (making up a missed prayer),
tahiyyat al-wudu’ (greeting of ablution),
tahiyyat al-masjid (greeting of the mosque),
salat al-kusuf (prayer at the time of eclipse),
salat al-tawaf (prayer after circumambulation), etc. Without a specific reason, supererogatory prayers are not permissible. The reason for the general prohibition of prayer after ‘Asr was so that those who are unaware would not continue to perform voluntary prayers even after the sun has set.

(1) Domesticated donkeys are forbidden. It is also understood that if the meat of any animal or bird is forbidden to eat, then even if that animal or bird is slaughtered while pronouncing Allah’s name over it, it still remains forbidden. This is because the noble Companions (radi Allahu anhum) had already begun to cook the meat of donkeys, and those donkeys had been slaughtered in the name of Allah.

(2) If any impure (najis) thing comes into contact with a pure thing, its impurity is removed by washing it just once. However, if the Shariah requires washing more than once, then it is necessary to fulfill the demand of the purified Shariah.

(3) The original ruling regarding things is permissibility (i.e., they are lawful and allowed). This is why the noble Companions (radi Allahu anhum) began to slaughter donkeys and cook their meat without hesitation, even though the Messenger of Allah (sallallahu alayhi wa sallam) was present among them. Yet, they neither discussed this matter with him nor sought his advice, because it was firmly established in their minds that things are, by default, lawful, except when there is evidence for prohibition.

(4) It is the responsibility of the leader, the one in charge, and the person responsible to be aware of the conditions of those under his authority and those appointed by him, and to resolve their issues and difficulties. Furthermore, if he observes any un-Islamic matter among them, he should rectify it himself or have it rectified through one of his representatives, so that people do not begin to consider silence over an un-Islamic matter as approval, and thus an unlawful act is not deemed lawful merely due to negligence.

(5) “We overturned (the pots),” meaning we threw the meat outside and wasted it. This refutes those who think that donkeys are not inherently forbidden, but rather, since people slaughtered the donkeys without your (the Prophet’s) permission and distribution, and the required fifth (khums) was not given from them, you ordered the pots to be overturned as a punishment. However, if that were the case, the meat would not have been wasted; rather, it would have been confiscated for the state. It is forbidden to waste something lawful.

Benefits and Issues:

➊ The meat of donkeys is forbidden (haram).

➋ One of the reasons for its prohibition at Khaybar could also be the one mentioned in this hadith; however, the next hadith indicates that this prohibition is not temporary, but absolute.

➌ If forbidden (haram) meat is cooked by mistake, then upon realizing it, it should be discarded.
And Allah knows best.