Hadith 1749

This hadith is listed as number 4560 in Maktaba Shamila

وحَدَّثَنَا أَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ ، حَدَّثَنَا عَلِيُّ بْنُ مُسْهِرٍ ، وَعَبْدُ الرَّحِيمِ بْنُ سُلَيْمَانَ ، عَنْ عُبَيْدِ اللَّهِ بْنِ عُمَرَ ، عَنْ نَافِعٍ ، عَنْ ابْنِ عُمَرَ ، قَالَ : " بَعَثَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ سَرِيَّةً إِلَى نَجْدٍ ، فَخَرَجْتُ فِيهَا ، فَأَصَبْنَا إِبِلًا وَغَنَمًا ، فَبَلَغَتْ سُهْمَانُنَا اثْنَيْ عَشَرَ بَعِيرًا اثْنَيْ عَشَرَ بَعِيرًا ، وَنَفَّلَنَا رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ بَعِيرًا بَعِيرًا " ،
It has been narrated by Ibn 'Umar that the Messenger of Allah (ﷺ) sent an expedition to Najd, and I (also) went with the troops. We got camels and goats as spoils of war, and our share amounted to twelve camels per head, and the Messenger of Allah (ﷺ) gave an extra camel to each of us.
Hadith Reference صحيح مسلم / كتاب الجهاد والسير / 1749
Hadith Grading محدثین: أحاديث صحيح مسلم كلها صحيحة
Hadith Takhrij «أحاديث صحيح مسلم كلها صحيحة»
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
And it is evident that the commander of the army must have given this reward from the khums (one-fifth share).
Although this action was performed by the commander of the army, it occurred during the time of the Messenger of Allah (sallallahu alayhi wa sallam); he (sallallahu alayhi wa sallam) must have heard of it and remained silent regarding it, thus it serves as a proof.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 3134
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
Imam Bukhari rahimahullah has mentioned this expedition after the (expedition of) Ta’if, whereas the view of other scholars of Maghazi is that this detachment was dispatched by the Prophet sallallahu alayhi wa sallam before setting out for the conquest of Makkah.
Its commander was Abu Qatadah radi Allahu anhu.
There were only twenty-five men in it, who, in confrontation with Ghatafan, obtained two hundred camels and two thousand goats.
(Fath al-Bari: 8/70)
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 4338
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary: Benefits and Issues: This hadith establishes that if a detachment is separated from a large army and sent on a mission, and that detachment returns successful and acquires spoils of war (ghanimah), then it will be counted as the spoils of the entire army, because the detachment had the support of the main army behind it and the enemy was also overawed by the presence of the whole army.

However, to encourage that detachment, they may be given an extra share from the spoils. Therefore, when the commander of the detachment gave each man a camel, the Messenger of Allah (sallallahu alayhi wa sallam) did not object to this. Thus, this hadith is attributed to the Prophet (sallallahu alayhi wa sallam) in a tacit (taqreeri) manner, meaning that he (sallallahu alayhi wa sallam) approved of it.

However, there is a difference of opinion regarding this issue: should the extra share be given from the original spoils, from the four shares of the fighters, or from the fifth (khums) portion? The preferred view among the Shafi'is is that it should be given from the fifth of the fifth (khums of the khums), while the Hanafi position is that if the commander announced the reward before the acquisition of the spoils, it will be given from the four shares of the fighters, and if it was not announced beforehand, then it will be given from the khums. According to Imam Malik, it will be given from the khums, and according to Imam Ahmad, from the original spoils. Hasan al-Basri, al-Awza'i, and Abu Thawr also hold this view.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 4559
Hafiz Zubair Ali Zai
Takhrij al-Hadith: [وأخرجه البخاري 3134، ومسلم 35/1749، من حديث مالك به]
Jurisprudential Points:
➊ If the Commander of the Faithful or his appointed deputy distributes the spoils of war (mal-e-ghanīmah) or a portion thereof among his army after extracting the khums (one-fifth), then it is lawful (halal) for the members of the army.
➋ If there is a threat of attack from the disbelievers, then by the order of the Caliph, a preemptive jihad (jihād al-taqdīm) may be undertaken.
➌ The wealth acquired from the disbelievers during a state of war is called spoils of war (mal-e-ghanīmah).
➍ Sa‘id ibn al-Musayyib rahimahullah used to say: When people would distribute the spoils of war on the battlefield, they would consider one camel equivalent to ten goats. [الموطأ 2/450 ح1001، وسنده صحيح]
Source: Muwatta Imam Malik (Narration of Ibn al-Qasim): Commentary by Zubair Ali Zai, Page: 213