Nasai

“The Army of Hardship”—this refers to the army of the Battle of Tabuk, because that was a time of hardship. The weather was extremely hot. The fruits and crops had ripened. The previous stores of fruit and grain had been depleted. The journey was also very long. The enemy was very powerful and numerous. Setting out under such circumstances was extremely difficult. That is why they considered this expedition to be their most virtuous deed, because reward is given in proportion to hardship.

Hadith Commentary:
That is, if a mujahid, when setting out for jihad, hires some laborers on wages to assist with his necessities, will these laborers, after receiving their wages, also be entitled to a share of the spoils of war (mal-e-ghanima) or not? The answer to this question is given in this chapter.

According to Imam Ahmad ibn Hanbal, Ishaq, and Awza‘i, they will not receive a share.

Other scholars say that they will receive a share.

In the narration of Abu Dawud, it is stated that I was an old man. I had no servant with me, so I hired a person for wages. And for him, I fixed two shares. But he was not satisfied with this. So his wage was set at three dinars.

In the narration of Muslim, it is mentioned that Ya‘la cut (something), and the laborer pulled his hand away, causing Ya‘la’s tooth to come out.

Hadith Commentary:
➊
The meaning of this heading and the presented hadith is that if a mujahid, when going out for jihad, takes along some laborers for his needs, then after receiving their wages, are these laborers also entitled to a share of the spoils of war (mal-e-ghanima) or not? Some scholars hold the view that they should not be given any share from the spoils of war, while other scholars say:
If they participated in the battle, even if only for wages, then in addition to their wages, they should also be given a share from the spoils of war.
➋
Imam Bukhari rahimahullah has deduced from this hadith that it is permissible to take a free man along for jihad on wages, and he will also be given a share from the spoils of war.
Because the verse regarding spoils of war includes every type of Muslim, whether he is a laborer or an owner.
In one narration of Abu Dawud rahimahullah, there is further clarification that Hazrat Ya’la rahimahullah says:
“The Messenger of Allah sallallahu alayhi wa sallam announced the departure for battle, and at that time I was old and had no servant. I began searching for a laborer to whom I could give a share from the spoils of war as his wage, and thus I found a man.
When the time for departure came, he said:
‘I do not know whether you will get a share of the spoils or not, so fix my wage for me.’
I fixed his wage at three dinars.”
(Sunan Abi Dawud, Kitab al-Jihad, Hadith: 2527)

Hadith Commentary:
(1)
In the first narration, there was ambiguity; in the second narration, this ambiguity was removed, clarifying that one of them was none other than Ya’la ibn Umayyah radi Allahu anhu himself. From some other narrations, it is understood that the one whose hand was cut off was his servant.

(2)
In any case, the Messenger of Allah sallallahu alayhi wa sallam declared this case invalid and said:
“There is no blood money (diyah) or anything else for you.”
In one narration, the Messenger of Allah sallallahu alayhi wa sallam, declaring it invalid, said:
“You wanted to devour his flesh.”
(Sahih Muslim, al-Qasamah, Hadith: 4368(1673))
In the narration from Salamah radi Allahu anhu, the Messenger of Allah sallallahu alayhi wa sallam said:
“Then you have come to me seeking blood money; go, there is no blood money for you.”
(Sunan an-Nasa’i, al-Qasamah, Hadith: 4796)
In any case, he sallallahu alayhi wa sallam declared it void.
(Fath al-Bari: 12/276)

Hadith Commentary:
This incident also took place during the Battle of Tabuk. That is why this hadith has been mentioned here.

Hadith Commentary:
Our remarks regarding this hadith will be mentioned in the Book of Blood Money (Kitab al-Diyat).
Since this hadith contains mention of the Battle of Difficulty, that is, Tabuk, for this reason Imam Bukhari rahimahullah has cited this hadith here.

Benefits and Issues:
It is an obligatory right to defend oneself against an assailant, and in such a situation, if the assailant is injured or suffers any loss, there is no compensation for it.

If a person is attacked, he has the right to defend himself. If, during the course of defensive action, the attacker suffers any harm—even to the extent of death—then no retribution (qisas), blood money (diyah), compensation, or indemnity will be required. However, if he exceeds the bounds of defense and engages in aggressive action, then he will be held responsible. The determination of whether he acted in defense or also engaged in aggression will be made by the court.

Benefit:
From this hadith, it is established that it is permissible to take a free man along for jihad on wages, and he will also be given a share from the spoils of war (ghanimah). Because the verse regarding spoils of war includes every type of Muslim. (See also: Sunan Abi Dawood: 2527)