Toggle above to switch between keyword search and direct hadith lookup
Hadith 534
اُردوEn
اَخْبَرَنَا اَبُوْ مُعَاوِیَةَ، نَا الْحَجَّاجُ،عَنْ عَطَاءٍ، اَنَّ نَجْدَةَ الْحَرُوْرِیَّ کَتَبَ اِلَی ابْنِ عَبَّاسٍ یَسْاَلُهٗ عَنْ قَتْلِ الصِّبْیَانِ، وَعَنِ الصَّبِّی مَتٰی یَنْقَطِعُ عَنْهُ الْیَتِیْمِ، وَعَنِ النِّسَاءِ وَهَلْ یَشْهَدْنَ الْقِتَالَ، وَعَنِ الْخُمُسِ، وَعَنِ الْعَبْدِ هَلْ لَهٗ فِی الْمَغْنَمِ نَصِیْبٌ؟ فَکَتَبَ اِلَیَّ: اَمَّا الصِّبْیَانُ، فَاِنْ کُنْتَ الْخَضِرَ تَعْرِفُ الْمُؤْمِنَ مِنَ الْکَافِرِ فَاقْتُلُهٗ، وَاَمَّا الصَّبِیُّ، فَاِنَّهٗ یَنْقَطِعُ عَنْهُ الْیُتْمَ اِذَا احْتَلَمَ، وَاَمَّا النِّسَاءُ فَاِنَّ رَسُوْلَ اللّٰهِ صَلَّی اللّٰهُ عَلَیْهِ وَسَلَّمَ کَانَ یُخْرِجُهُنَّ مَعَهٗ، فَیُدَاوِیْنَ الْمَرْضٰی، وَیَقُمْنَ عَلَی الْجَرْحٰی، وَیَشْهَدْنَ الْقِتَالَ، وَاَمَّا الْخُمُسُ، فَاِنَّا قُلْنَا: هُوَ لَنَا، فَاَبٰی ذٰلِكَ عَلَیْنَا قَوْمُنَا، وَاَمَّا الْعَبْدُ فَقَدْ کَانَ یُحْذَا مِنَ الْغَنِیْمَةِ.
Ata (may Allah have mercy on him) narrated that Najdah Haruri wrote a letter to Sayyiduna Ibn Abbas (may Allah be pleased with them both) in which he asked about killing children, at what age the rulings of orphanhood end for a child, about women—whether they will participate in fighting and jihad, about khums, and about slaves—whether they have a share in the spoils of war. (Regarding these matters) he asked: So he wrote a letter to me, as for children, if you are Khidr (peace be upon him), then you will be able to distinguish between a believer and a disbeliever, so kill him; as for a child, when he reaches puberty, the rulings of orphanhood end for him; as for women, they used to go out with the Prophet (peace and blessings be upon him) for fighting, they would treat the sick, take care of the wounded, and participate in fighting; as for khums, we said: it is our right, but our people did not accept this from us; as for the slave, he used to be given a share from the spoils of war.
Explanation & Benefits
Hafiz Abdush Shakoor Tirmidhi
Benefits:
The aforementioned hadith contains several benefits.
➊ ... It is not permissible to kill children on the battlefield, as is mentioned in another hadith. It is narrated from Sayyiduna Abdullah ibn Umar radi Allahu anhuma: The Noble Prophet sallallahu alayhi wa sallam found a woman killed in one of the battles, so he forbade the killing of women and children. (Bukhari, no. 2014; Muslim: 1744)
However, if someone could distinguish, like Sayyiduna Khidr alayhis salam, whether a child would grow up to be a Muslim or a disbeliever, while this is difficult. Because when Sayyiduna Khidr alayhis salam killed the child, it was by the command of Allah Dhu’l-Jalal, as is in the Noble Qur’an: ﴿وَ مَا فَعَلْتُهٗ عَنْ اَمْرِیْ﴾ (al-Kahf: 82) “I did not do it of my own accord.”
➋ ... From the aforementioned hadith, it is understood that when a person reaches puberty, the rulings of orphanhood cease, and among the signs of puberty, according to the hadith, are: experiencing a wet dream (ihtilam), the growth of a beard or pubic hair, or reaching the age of fifteen years. As Sayyiduna Abdullah ibn Umar radi Allahu anhuma states: I was fourteen years old and the Messenger of Allah sallallahu alayhi wa sallam did not accept me for jihad; when I became fifteen, he accepted me. (Muslim, Kitab al-Imarah, Bab Bayan Sin al-Bulugh)
➌ ... Women may participate in jihad to serve the mujahideen by tending to the wounded and, when necessary, even participate in fighting.
➍ ... Whether a slave receives a share from the spoils of war (mal al-ghanima) or not: Sayyiduna Ibn Abbas radi Allahu anhuma said regarding women and slaves: ((اِنَّهٗ لَیْسَ لهَمُاَ شَیْئٌ اِلَّا اَنْ یَحْذِیَا۔)) (Muslim, Kitab al-Jihad, no. 1812) ... “They do not receive a share, except that they may be given a reward.” The majority of scholars hold that the imam may give them as much as he deems appropriate.
➎ ... Khums (one-fifth): The statement of Allah Most High is: ﴿وَ اعْلَمُوْٓا اَنَّمَا غَنِمْتُمْ مِّنْ شَیْئٍ فَاَنَّ لِلّٰهِ خُمُسَهُ وَلِلرَّسُوْلِ وَلِذِی الْقُرْبٰی﴾ (al-Anfal: 41) ... “And know that whatever you obtain as spoils of war, then indeed, one-fifth of it is for Allah and the Messenger and for near relatives.”
By “near relatives” (dhul-qurba) is meant Banu Hashim and Banu Muttalib. And by “the people” (qawm) is meant the leaders of Banu Umayyah, who did not give this khums to the relatives of the Messenger of Allah sallallahu alayhi wa sallam.
The aforementioned hadith contains several benefits.
➊ ... It is not permissible to kill children on the battlefield, as is mentioned in another hadith. It is narrated from Sayyiduna Abdullah ibn Umar radi Allahu anhuma: The Noble Prophet sallallahu alayhi wa sallam found a woman killed in one of the battles, so he forbade the killing of women and children. (Bukhari, no. 2014; Muslim: 1744)
However, if someone could distinguish, like Sayyiduna Khidr alayhis salam, whether a child would grow up to be a Muslim or a disbeliever, while this is difficult. Because when Sayyiduna Khidr alayhis salam killed the child, it was by the command of Allah Dhu’l-Jalal, as is in the Noble Qur’an: ﴿وَ مَا فَعَلْتُهٗ عَنْ اَمْرِیْ﴾ (al-Kahf: 82) “I did not do it of my own accord.”
➋ ... From the aforementioned hadith, it is understood that when a person reaches puberty, the rulings of orphanhood cease, and among the signs of puberty, according to the hadith, are: experiencing a wet dream (ihtilam), the growth of a beard or pubic hair, or reaching the age of fifteen years. As Sayyiduna Abdullah ibn Umar radi Allahu anhuma states: I was fourteen years old and the Messenger of Allah sallallahu alayhi wa sallam did not accept me for jihad; when I became fifteen, he accepted me. (Muslim, Kitab al-Imarah, Bab Bayan Sin al-Bulugh)
➌ ... Women may participate in jihad to serve the mujahideen by tending to the wounded and, when necessary, even participate in fighting.
➍ ... Whether a slave receives a share from the spoils of war (mal al-ghanima) or not: Sayyiduna Ibn Abbas radi Allahu anhuma said regarding women and slaves: ((اِنَّهٗ لَیْسَ لهَمُاَ شَیْئٌ اِلَّا اَنْ یَحْذِیَا۔)) (Muslim, Kitab al-Jihad, no. 1812) ... “They do not receive a share, except that they may be given a reward.” The majority of scholars hold that the imam may give them as much as he deems appropriate.
➎ ... Khums (one-fifth): The statement of Allah Most High is: ﴿وَ اعْلَمُوْٓا اَنَّمَا غَنِمْتُمْ مِّنْ شَیْئٍ فَاَنَّ لِلّٰهِ خُمُسَهُ وَلِلرَّسُوْلِ وَلِذِی الْقُرْبٰی﴾ (al-Anfal: 41) ... “And know that whatever you obtain as spoils of war, then indeed, one-fifth of it is for Allah and the Messenger and for near relatives.”
By “near relatives” (dhul-qurba) is meant Banu Hashim and Banu Muttalib. And by “the people” (qawm) is meant the leaders of Banu Umayyah, who did not give this khums to the relatives of the Messenger of Allah sallallahu alayhi wa sallam.
Source: Musnad Ishaq bin Rahwayh, Page: 534
