Hadith 4072

أَخْبَرَنَا الْقَاسِمُ بْنُ زَكَرِيَّا بْنِ دِينَارٍ ، قَالَ : حَدَّثَنِي أَحْمَدُ بْنُ مُفَضَّلٍ ، قَالَ : حَدَّثَنَا أَسْبَاطٌ ، قَالَ : زَعَمَ السُّدِّيُّ ، عَنْ مُصْعَبِ بْنِ سَعْدٍ ، عَنْ أَبِيهِ ، قَالَ : لَمَّا كَانَ يَوْمُ فَتْحِ مَكَّةَ أَمَّنَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ النَّاسَ إِلَّا أَرْبَعَةَ نَفَرٍ وَامْرَأَتَيْنِ ، وَقَالَ : " اقْتُلُوهُمْ ، وَإِنْ وَجَدْتُمُوهُمْ مُتَعَلِّقِينَ بِأَسْتَارِ الْكَعْبَةِ " . عِكْرِمَةُ بْنُ أَبِي جَهْلٍ ، وَعَبْدُ اللَّهِ بْنُ خَطَلٍ ، وَمَقِيسُ بْنُ صُبَابَةَ ، وَعَبْدُ اللَّهِ بْنُ سَعْدِ بْنِ أَبِي السَّرْحِ ، فَأَمَّا عَبْدُ اللَّهِ بْنُ خَطَلٍ فَأُدْرِكَ وَهُوَ مُتَعَلِّقٌ بِأَسْتَارِ الْكَعْبَةِ فَاسْتَبَقَ إِلَيْهِ سَعِيدُ بْنُ حُرَيْثٍ ، وَعَمَّارُ بْنُ يَاسِرٍ فَسَبَقَ سَعِيدٌ عَمَّارًا ، وَكَانَ أَشَبَّ الرَّجُلَيْنِ , فَقَتَلَهُ ، وَأَمَّا مَقِيسُ بْنُ صُبَابَةَ فَأَدْرَكَهُ النَّاسُ فِي السُّوقِ فَقَتَلُوهُ ، وَأَمَّا عِكْرِمَةُ فَرَكِبَ الْبَحْرَ فَأَصَابَتْهُمْ عَاصِفٌ ، فَقَالَ أَصْحَابُ السَّفِينَةِ : أَخْلِصُوا ، فَإِنَّ آلِهَتَكُمْ لَا تُغْنِي عَنْكُمْ شَيْئًا هَاهُنَا . فَقَالَ عِكْرِمَةُ : وَاللَّهِ لَئِنْ لَمْ يُنَجِّنِي مِنَ الْبَحْرِ إِلَّا الْإِخْلَاصُ لَا يُنَجِّينِي فِي الْبَرِّ غَيْرُهُ ، اللَّهُمَّ إِنَّ لَكَ عَلَيَّ عَهْدًا إِنْ أَنْتَ عَافَيْتَنِي مِمَّا أَنَا فِيهِ ، أَنْ آتِيَ مُحَمَّدًا صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ حَتَّى أَضَعَ يَدِي فِي يَدِهِ ، فَلَأَجِدَنَّهُ عَفُوًّا كَرِيمًا . فَجَاءَ فَأَسْلَمَ ، وَأَمَّا عَبْدُ اللَّهِ بْنُ سَعْدِ بْنِ أَبِي السَّرْحِ ، فَإِنَّهُ اخْتَبَأَ عِنْدَ عُثْمَانَ بْنِ عَفَّانَ ، فَلَمَّا دَعَا رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ النَّاسَ إِلَى الْبَيْعَةِ جَاءَ بِهِ حَتَّى أَوْقَفَهُ عَلَى النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، قَالَ : يَا رَسُولَ اللَّهِ ، بَايِعْ عَبْدَ اللَّهِ . قَالَ : فَرَفَعَ رَأْسَهُ فَنَظَرَ إِلَيْهِ ثَلَاثًا كُلَّ ذَلِكَ يَأْبَى فَبَايَعَهُ بَعْدَ ثَلَاثٍ ، ثُمَّ أَقْبَلَ عَلَى أَصْحَابِهِ ، فَقَالَ : " أَمَا كَانَ فِيكُمْ رَجُلٌ رَشِيدٌ يَقُومُ إِلَى هَذَا حَيْثُ رَآنِي كَفَفْتُ يَدِي عَنْ بَيْعَتِهِ فَيَقْتُلُهُ " . فَقَالُوا : وَمَا يُدْرِينَا يَا رَسُولَ اللَّهِ ، مَا فِي نَفْسِكَ هَلَّا ، أَوْمَأْتَ إِلَيْنَا بِعَيْنِكَ ؟ قَالَ : " إِنَّهُ لَا يَنْبَغِي لِنَبِيٍّ أَنْ يَكُونَ لَهُ خَائِنَةُ أَعْيُنٍ " .
´It was narrated from Mus'ab bin Sa'd that his father said:` "On the day of the Conquest of Makkah, the Messenger of Allah [SAW] granted amnesty to the people, except four men and two women. He said: 'Kill them, even if you find them clinging to the covers of Ka'bah.' (They were) 'Ikrimah bin Abi Jahl, 'Abdullah bin Khatal, Miqyas bin Subabah and 'Abdullah bin Sa'd bin Abi As-Sarh. 'Abdullah bin Khatl was caught while he was clinging to the covers of Ka'bah. Sa'eed bin Huraith and 'Ammar bin Yasir both rushed toward him, but Sa'eed, who was the younger of the two, got there before 'Ammar, and he killed him. Miqyas bin Subabah was caught by the people in the marketplace, and they killed him. 'Ikrimah traveled by sea, and he was caught in a storm. The crew of the ship said: 'Turn sincerely toward Allah, for your (false) gods cannot help you at all in this situation.' 'Ikrimah said: 'By Allah, if nothing came to save me at sea except sincerity toward Allah then nothing else will save me on land. O Allah, I promise You that if You save me from this predicament I will go to Muhammad [SAW] and put my hand in his, and I am sure that I will find him generous and forgiving.' So he came, and accepted Islam. 'Abdullah (bin Sa'd) bin Abi Sarh hid in the house of 'Uthman bin 'Affan, and when the Messenger of Allah [SAW] called the people to give their Oath of Allegiance, he brought him, and made him stand before the Prophet [SAW]. He ('Uthman) said: 'O Messenger of Allah! Accept the allegiance of 'Abdullah.' He raised his head and looked at him three times, refusing his allegiance each time, then he accepted his allegiance after three times. Then he turned to his Companions and said: 'Was there not any sensible man among you who would get up when he saw me refusing to give him my hand and kill him?' They said: 'We did not know, O Messenger of Allah, what was in your heart. Why did you not gesture to us with your eyes?' He said: 'It is not befitting for a Prophet that his eyes be deceitful.'"
Hadith Reference سنن نسائي / كتاب تحريم الدم / 4072
Hadith Grading الألبانی: صحيح  |  زبیر علی زئی: إسناده حسن
Hadith Takhrij «سنن ابی داود/الجہاد 127 (2683 مختصراً)، الحدود1(4359)، (تحفة الأشراف: 3937) (صحیح)»
Explanation & Benefits
Hafiz Muhammad Ameen
(1) It has been argued from this hadith that legal punishments (hudud) can be carried out in the House of Allah (Bayt Allah), but this inference is questionable because the Messenger of Allah (sallallahu alayhi wa sallam) forbade the carrying out of legal punishments in mosques. (Sunan Abi Dawud, Hadith: 4490) When it is prohibited to carry out legal punishments in ordinary mosques, then it is even more so in the House of Allah. However, if a criminal hides there, he can be removed from there and the legal punishment can be carried out upon him. As for the killing of Ibn Khatal, its permissibility is restricted to that specific time, because the Messenger of Allah (sallallahu alayhi wa sallam) said: “The House of Allah was made lawful for me for a limited time.” However, within the boundaries of the Haram, the legal punishment can be established according to the Shariah.

(2) Pure monotheism (tawhid), supplication in the court of Allah, and humility and neediness cause worldly calamities to be averted, and a person is saved from difficulties in safety.

(3) The Messenger of Allah (sallallahu alayhi wa sallam) possessed the most exalted character. “And indeed, you are of a great moral character.” (al-Qalam: 68:4) In noble character, he attained the highest degree of perfection. Forgiving, overlooking faults, and making others happy with his perfect compassion and mercy—these are such magnificent and excellent virtues and qualities of his that even the greatest enemy is compelled to acknowledge them. The admission of Ikrimah (radi Allahu anhu), the son of the accursed Abu Jahl and a noble Companion of the Messenger (sallallahu alayhi wa sallam), is clear evidence of this.

(4) When Allah the Exalted intends good for someone, that good and blessing will certainly reach him. In comparison to the will of Allah (azza wa jall), no one’s will, desire, or wish can be fulfilled nor can it become an obstacle.

(5) Due to strong circumstantial evidence, the permissibility of any action can be established, as the Messenger of Allah’s (sallallahu alayhi wa sallam) not accepting the pledge of allegiance (bay‘ah) was a strong indication that he could be killed. If someone, understanding this indication, had killed Abdullah bin Sa‘d, it would have been permissible.

(6) The noble Companions (radi Allahu anhum) were extremely respectful towards the Messenger (sallallahu alayhi wa sallam), such that, due to not having a clear command from him, they did not even kill a great criminal.

(7) The Prophets and Messengers (alayhim as-salam) possess the highest and most exalted status, unlike kings, rulers, ministers, and the general public, in that they never deal with people through secret means, gestures, or hidden methods.

(8) Making secret gestures with the eyes or otherwise has been declared an act of betrayal; therefore, it is not permissible for any religious and good person, because it is a great flaw.

(9) “Four men, two women”—in other narrations, mention is made of other men and women as well, for example: Wahshi bin Harb and Mufsid, etc. However, no other man or woman was killed. Even among these four men and two women, some were pardoned.

(10) Of these four men, three—Abdullah bin Khatal, Muqays bin Subabah, and Abdullah bin Abi Sarh—had become apostates after accepting Islam. Abdullah bin Abi Sarh became Muslim again and, due to the intercession of Uthman (radi Allahu anhu), was pardoned. Abdullah bin Khatal and Muqays bin Subabah were both proven guilty of murder. Each had killed a Muslim, fled to Makkah, and became apostates; thus, they were killed for the crimes of murder and apostasy. Because of the murder, they could not be pardoned. As for Ikrimah bin Abi Jahl, he had committed no such crime; rather, he was deemed deserving of death for being the son of Allah’s enemy Abu Jahl and the chief of the disbelievers of Quraysh. But his wife, Umm Hakim bint Harith (radi Allahu anha), obtained protection for him, brought him back from Yemen, and he became Muslim—becoming an excellent Muslim—so much so that he was martyred fighting in the path of Allah. Radi Allahu anhu wa ardah.

(11) The two women were slave girls of Abdullah bin Khatal, whom he had appointed, after his apostasy, to satirize and insult the Messenger of Allah (sallallahu alayhi wa sallam). Insulting the Messenger of Allah (sallallahu alayhi wa sallam) also makes one deserving of the death penalty. However, one slave girl was pardoned because she became Muslim, and the other was killed.

(12) In addition to these men and women, Huwayrith bin Nuqayd was also killed for satirizing and insulting the Messenger of Allah (sallallahu alayhi wa sallam). All the rest of the people of Makkah were pardoned.

(13) “His eye would be treacherous”—You (the Prophet, sallallahu alayhi wa sallam) were not issuing the order to kill because of Uthman (radi Allahu anhu), but if someone had killed him, you would not have stopped him, because the command for his killing had already been issued. If someone had understood this, he would have killed him. Your not accepting the pledge of allegiance was also an indication that the command for killing remained. You could not have indicated killing with your eyes, because what you did not say with your tongue, to say it with your eyes could fall under the category of betrayal. To issue a secret order to kill, hiding it from Uthman (radi Allahu anhu), was not befitting the status of a Prophet. No one acted on his own, so in the end, you accepted the pledge of allegiance—sallallahu alayhi wa sallam.

(14) It is established that if an apostate repents and announces acceptance of Islam, the pardon for his punishment is at the discretion of the ruler of the time.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4072