Muwatta Malik (Qasim)

Takhrij al-Hadith:
[وأخرجه البخاري 6707، ومسلم 115، من حديث مالك به]

Jurisprudential Points:
➊ It is understood that Sayyiduna Abu Hurairah radi Allahu anhu accepted Islam before the Battle of Khaybar.
➋ The Battle of Khaybar took place in the seventh (7th) year of Hijrah.
➌ Some narrators have mentioned the word "Battle of Hunayn" in this narration instead of the Battle of Khaybar. And Allah knows best.
➍ Stealing is forbidden, and especially stealing from the spoils of war (mal al-ghanīmah) is forbidden and a major sin.
➎ It is incorrect to testify about any specific person being among the people of Paradise without evidence (from the Qur'an and Hadith).
➏ It is permissible to take an oath when needed, and even without necessity, it is permissible to swear a truthful oath if the intention is to honor Allah and to emphasize one's statement.
➐ Accepting a gift is Sunnah, provided there is no suspicion or doubt of it being a bribe or any other unlawful matter.

Hadith Commentary:
In the narration, camels, goats, and similar animals have also been referred to by the word "amwal" (wealth), from which the meaning of the chapter is derived. It is also understood from this that betrayal and theft are such sins for which even a mujahid is not granted forgiveness.

Hadith Commentary:
(1)
Imam Bukhari rahimahullah has deduced from this hadith that the term "wealth" (mal) also applies to clothing and goods, as Abu Hurairah radi Allahu anhu stated that what we received there as spoils of war was not gold or silver, but wealth, meaning livestock, clothing, and other goods. Among these very possessions was the blanket that Mud‘am had stolen, and the sandal straps were also part of these goods, which people returned after hearing the warning from the Messenger of Allah sallallahu alayhi wa sallam.

(2)
In reality, there are differing opinions among the scholars regarding the application of the term "wealth" (mal):
According to Imam Abu Hanifah rahimahullah, the term "wealth" applies only to such owned items upon which zakat is obligatory, whereas according to the other imams, the term "wealth" applies to every owned item.
Imam Bukhari rahimahullah inclines to the view that every owned thing is called "wealth," and vows (nadhar) can also be made regarding it. He then presented various ahadith in which the term "wealth" was applied to every owned item.
And Allah knows best.

Lexical Explanation:
«الْحَوَئِط» is the plural of «حَائِط», meaning gardens.
«وَادِي الْقُري» is the name of a place near Madinah.
«سَهْمٌ عَائِرٌ» refers to an arrow whose shooter is unknown.
«شِرَاك» means strap.

Understanding the Hadith:
It is understood that treachery (khiyanah) with war booty (mal-e-ghanīmah) is forbidden (haram) and a major sin (kabirah). In one narration, it is stated: "Do not commit treachery with war booty, for treachery is fire and disgrace for the treacherous one in this world and the Hereafter." [حسن صحيح : ابن ماجه : 2850، مسند احمد : 316/5، دارمي : 2487]
Imam Shawkani rahimahullah has said: Treachery is forbidden, whether it is minor or major. [نيل الأوطار 60/5]
Imam Nawawi rahimahullah has transmitted consensus (ijma‘) on treachery being a major sin. [شرح مسلم للنوي 456/6]

Hadith Commentary:
In the narration, the conquest of Khaybar is mentioned; this is why it has been included here. From this, the severe condemnation of betrayal of trust is also established.

Hadith Commentary:
➊
Abu Hurairah (radi Allahu anhu) did not participate in the conquest of Khaybar; rather, his intent is that when the Muslims conquered Khaybar—because Abu Hurairah (radi Allahu anhu) came after Khaybar, as is explicitly mentioned in a narration: “I presented myself to the service of the Messenger of Allah (sallallahu alayhi wa sallam) when the Muslims had already conquered Khaybar.”
(Sahih al-Bukhari, Kitab Fard al-Khums, Hadith: 3136.)
➋
A similar incident is narrated from Abdullah ibn Amr (radi Allahu anhu): A guard of the Messenger of Allah’s (sallallahu alayhi wa sallam) belongings, who was called Kirkirah, died, so the Prophet (sallallahu alayhi wa sallam) said regarding him: “He is in the Fire because of a cloak he misappropriated.”
(Sahih al-Bukhari, Kitab al-Jihad wa’l-Siyar, Hadith: 2827.)
➌
Regarding this incident, some have said that it is the same event, but this is not the case, because the slave named Kirkirah was presented as a gift to the Messenger of Allah (sallallahu alayhi wa sallam) by Hawdhah ibn Ali, whereas in the aforementioned hadith, Mud’am was gifted to him by Rifa‘ah (radi Allahu anhu). Therefore, these two are not the same.
(Sahih al-Bukhari, Kitab al-Jihad wa’l-Siyar, Hadith: 3074.)
And Allah knows best.

Hadith Commentary:
Vocabulary of the Hadith:
(1)
Wafd:
Plural of wafid.
It refers to those selected individuals from a tribe or nation who are sent to meet a person of authority or power for some important matter.
‘Abd al-Qays:
This is the name of a man.
His descendants are attributed to him, and it is a branch of Rabi‘ah.
Rabi‘ah ibn Fazar ibn Sa‘d and Mudar ibn Nizar ibn Ma‘d were both brothers.
The people of ‘Abd al-Qays lived in the region of Bahrain.
One of their delegations, consisting of 112 people, came in the 6th year of Hijrah, and another, consisting of 140 people, came in the 8th year of Hijrah.
The leader of the first delegation was Mundhir ibn ‘A’idh, whom the Prophet (sallallahu alayhi wa sallam) called Ashajj.
(2)
Ghanimah:
The wealth acquired from the enemy when one prevails over them.
(3)
Ad-Dubba’:
After a gourd dries,
its pulp is removed and a container is made from it.
(4)
An-Naqir:
A vessel made by hollowing out the lower part of a date-palm, as if it is a container made from carved wood.
(5)
Al-Hantam:
A green oil jar.
Some have said it is simply an oil jar,
while others say it is an Egyptian oil jar,
or a red-colored jar.
(6)
Muqayyar:
Derived from qār (pitch),
a vessel coated with resin or tar.
In another narration, it is called muzaffat, which is derived from zift (bitumen) and is synonymous with muqayyar.

Benefits and Issues:
➊ Ash-shahr al-haram:
Among the Arabs, since the time of Ibrahim (alayhis salam), four months were considered sacred and honored.
During these four months, fighting and bloodshed were considered forbidden, and people could travel in safety and security.
Dhu al-Qa‘dah,
Dhu al-Hijjah, and Muharram
were designated for Hajj, and Rajab
for ‘Umrah. In ash-shahr, if the definite article al- is for an external covenant, then it refers to
Rajab,
and the people of Mudar honored Rajab more than the other months.
That is why in some hadiths, Rajab is attributed to Mudar with the words “Rajab Mudar.”
If the meaning is generic, then all four months are intended.
The words “the coming sacred months” that follow support this interpretation.

➋
Āmurukum bi-arba‘in:
I command you with four things,
but when the Prophet (sallallahu alayhi wa sallam) gave the command, he only commanded belief in Allah, and in its explanation, he mentioned four matters.
The answer is that when something is composed of multiple parts, and those parts,
individually,
also have an independent status, then considering the plurality of its parts,
it can be counted as multiple, and as a whole, as one. For example, when various treatises of some scholars are compiled together, they become one book,
but in their individual,
independent status, they are multiple. The five pillars of Islam,
individually, are counted as five, and collectively,
Islam is one.
The same is the case with the six pillars of faith (iman).
Similarly, in this hadith,
the things mentioned in the explanation of belief in Allah are, collectively, one, and individually, four.
That is why Khalaf ibn Hisham, after mentioning the testimony that there is no god but Allah, joined one finger of his hand to count it as one.
Rabi‘ah,
Mudar,
Anmaz, and Zayd were four brothers. Among them, Rabi‘ah and Mudar became very famous. Quraysh, your tribe, is from the descendants of Mudar.

Benefits and Issues:
The matter of entrusted wealth is extremely serious.
Taking even a trivial item without the permission of the leader or without rightful entitlement is a cause of severe punishment.

(1) In the Battle of Khaybar, the Messenger of Allah (sallallahu alayhi wa sallam) certainly received lands as spoils, whereas in this hadith, land is not explicitly mentioned; rather, the word "amwal" (wealth) is mentioned. It is necessary that by "amwal," land is also meant, and this is precisely the purpose of the chapter: that if one vows to give wealth, land will also be included in that. The previous narrations in which the vow of Ka'b ibn Malik (radi Allahu anhu) is mentioned also indicate this purpose, because in those, the vow was to give wealth in charity, and later Ka'b (radi Allahu anhu) excluded the land of Khaybar from it. Thus, it is understood that land was also included in the vow of wealth.

(2) "Paradise be glad tidings for you"—apparently because he was martyred by the arrow of a disbeliever while serving the Prophet (sallallahu alayhi wa sallam) during the journey of jihad.

(3) "Can become a cause"—if they are acquired through betrayal and not deposited into the public treasury (bayt al-mal), meaning that even betrayal in minor things can become a cause of punishment.