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سنن دارمي
Darimi
من كتاب السيرFrom the Book of Expeditions
باب إِذَا أَحْرَزَ الْعَدُوُّ مِنْ مَالِ الْمُسْلِمِينَ:Chapter: If the Enemy Secures Muslim Property
Hadith 2541
اُردوEn
أَخْبَرَنَا أَبُو نُعَيْمٍ، حَدَّثَنَا حَمَّادُ بْنُ زَيْدٍ، عَنْ أَيُّوبَ، عَنْ أَبِي قِلَابَةَ، عَنْ أَبِي الْمُهَلَّبِ، عَنْ عِمْرَانَ بْنِ حُصَيْنٍ، قَالَ: كَانَتِ الْعَضْبَاءُ لِرَجُلٍ مِنْ بَنِي عَقَيْلٍ فَأُسِرَ، وَأُخِذَتِ الْعَضْبَاءُ، فَمَرَّ عَلَيْهِ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَهُوَ فِي وَثَاقِهِ، فَقَالَ: يَا مُحَمَّدُ، عَلَى مَا تَأْخُذُونِي وَتَأْخُذُونَ سَابِقَةَ الْحَاجِّ، وَقَدْ أَسْلَمْتُ ؟، فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: "لَوْ قُلْتَهَا وَأَنْتَ تَمْلِكُ أَمْرَكَ، أَفْلَحْتَ كُلَّ الْفَلَاحِ"، فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: "نَأْخُذُكَ بِجَرِيرَةِ حُلَفَائِكَ". وَكَانَتْ ثَقِيفٌ قَدْ أَسَرُوا رَجُلَيْنِ مِنْ أَصْحَابِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ . وَجَاءَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَلَى حِمَارٍ عَلَيْهِ قَطِيفَةٌ، فَقَالَ: يَا مُحَمَّدُ إِنِّي جَائِعٌ فَأَطْعِمْنِي، وَإِنِّي وَظَمْآنُ فَاسْقِنِي، فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: "هَذِهِ حَاجَتُكَ". ثُمَّ إِنَّ الرَّجُلَ فُدِيَ بِرَجُلَيْنِ، فَحَبَسَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ الْعَضْبَاءَ لِرَحْلِهِ وَكَانَتْ مِنْ سَوَابِقِ الْحَاجِّ . ثُمَّ إِنَّ الْمُشْرِكِينَ أَغَارُوا عَلَى سَرْحِ الْمَدِينَةِ فَذَهَبُوا بِهِ فِيهَا الْعَضْبَاءُ وَأَسَرُوا امْرَأَةً مِنَ الْمُسْلِمِينَ، وَكَانُوا إِذَا نَزَلُوا قَالَ أَبُو مُحَمَّدٍ: ثُمَّ ذَكَرَ كَلِمَةً إِبِلُهُمْ فِي أَفْنِيَتِهِمْ . فَلَمَّا كَانَ ذَاتَ لَيْلَةٍ قَامَتْ الْمَرْأَةُ وَقَدْ نُوِّمُوا، فَجَعَلَتْ لَا تَضَعُ يَدَيْهَا عَلَى بَعِيرٍ إِلا رَغَا، حَتَّى أَتَتْ الْعَضْبَاءَ، فَأَتَتْ عَلَى نَاقَةٍ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ذَلُولٍ مُجَرَّسَةٍ، فَرَكِبَتْهَا ثُمَّ تَوَجَّهَتْ قِبَلَ الْمَدِينَةِ، وَنَذَرَتْ لَئِنِ اللَّهُ نَجَّاهَا، لَتَنْحَرَنَّهَا . قَالَ: فَلَمَّا قَدِمَتِ عُرِفَتِ النَّاقَةُ، فَقِيلَ: نَاقَةُ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ، فَأَتَوْا بِهَا النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ، وَأَخْبَرَتِ الْمَرْأَةُ بِنَذْرِهَا، فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: "بِئْسَمَا جَزَيْتِهَا أَوْ بِئْسَمَا جَزَتْهَا إِنَّ اللَّهُ نَجَّاهَا لَتَنْحَرَنَّهَا ؟ أَلا لا وَفَاءَ لِنَذْرٍ فِي مَعْصِيَةِ اللَّهِ، وَلا فِيمَا لَا يَمْلِكُ ابْنُ آدَمَ".
Sayyiduna Imran bin Husayn (may Allah be pleased with him) said: The she-camel ‘Adhba’ belonged to a man from Banu ‘Uqayl, who was captured and the she-camel was seized. The Messenger of Allah (peace and blessings be upon him) passed by him while he was detained. The man said: O Muhammad! For what crime have you and your people captured me and the she-camel that used to lead the pilgrims, even though I have become a Muslim? The Messenger of Allah (peace and blessings be upon him) said: “If you had declared your Islam when you were free, you would have been completely successful (i.e., you would not have been captured), and we have captured you in retaliation for your ally Thaqif,” because Thaqif had captured two companions of the Messenger of Allah (peace and blessings be upon him). The Messenger of Allah (peace and blessings be upon him) came riding on a donkey, wrapped in a cloak. The man from Banu ‘Uqayl said: O Muhammad! I am hungry, feed me. I am thirsty, give me water. The Messenger of Allah (peace and blessings be upon him) said: “This is your need” (which will be fulfilled). Then the man was released in exchange for those two companions, and the she-camel ‘Adhba’ was kept by the Messenger of Allah (peace and blessings be upon him) for his own riding (i.e., it was not released). Some narrators said «بِرِجْلِهٖ» (i.e., for his own use), and this ‘Adhba’ used to lead the caravan of pilgrims (because of its strength and speed). Some days later, the polytheists raided the livestock of Madinah and drove away the animals, among which was ‘Adhba’, and they also captured a Muslim woman (who was the wife of Sayyiduna Abu Dharr, may Allah be pleased with him).
When night fell, Imam Darimi (may Allah have mercy on him) said a word: those people would let their animals loose in front of their houses. One night, that Muslim captive woman (the wife of Sayyiduna Abu Dharr, may Allah be pleased with him), when they had fallen asleep, got up and (came to the camels). Whenever she touched a camel, it would make a noise, until she came to ‘Adhba’, the she-camel that had become the property of the Messenger of Allah (peace and blessings be upon him), and she was skilled and obedient in walking (and did not make a sound). The woman mounted her and set out towards Madinah, vowing that if Allah Almighty delivered her (with the help of) this she-camel (and she escaped safely), she would sacrifice it. When she reached Madinah, the she-camel was recognized and it was said: This is the she-camel of the Messenger of Allah (peace and blessings be upon him). The noble Companions (may Allah be pleased with them) brought it to the service of the Prophet (peace and blessings be upon him). The woman informed him that she had vowed to slaughter it, so the Messenger of Allah (peace and blessings be upon him) said: “You have repaid it very badly. Did Allah Almighty save it for you so that you would slaughter it? Listen! It is not necessary to fulfill such a vow (nadhr) in which there is disobedience to Allah, nor should a vow be fulfilled over something which the son of Adam does not own.”
When night fell, Imam Darimi (may Allah have mercy on him) said a word: those people would let their animals loose in front of their houses. One night, that Muslim captive woman (the wife of Sayyiduna Abu Dharr, may Allah be pleased with him), when they had fallen asleep, got up and (came to the camels). Whenever she touched a camel, it would make a noise, until she came to ‘Adhba’, the she-camel that had become the property of the Messenger of Allah (peace and blessings be upon him), and she was skilled and obedient in walking (and did not make a sound). The woman mounted her and set out towards Madinah, vowing that if Allah Almighty delivered her (with the help of) this she-camel (and she escaped safely), she would sacrifice it. When she reached Madinah, the she-camel was recognized and it was said: This is the she-camel of the Messenger of Allah (peace and blessings be upon him). The noble Companions (may Allah be pleased with them) brought it to the service of the Prophet (peace and blessings be upon him). The woman informed him that she had vowed to slaughter it, so the Messenger of Allah (peace and blessings be upon him) said: “You have repaid it very badly. Did Allah Almighty save it for you so that you would slaughter it? Listen! It is not necessary to fulfill such a vow (nadhr) in which there is disobedience to Allah, nor should a vow be fulfilled over something which the son of Adam does not own.”
Brief Explanation
(Commentary on Hadith 2540)
That is, you made a bad vow; you vowed to slaughter the very she-camel upon whose back Allah Ta'ala granted you deliverance—was this the recompense for it? Any vow that is for a sinful act, or for something over which a person has no ownership, should not be fulfilled.
Imam Nawawi rahimahullah has written in his commentary on this hadith that it is understood from this hadith that if a disbeliever is taken captive and then becomes Muslim, he will not be killed. However, it is permissible to enslave him, to take money in exchange for him, to secure the release of a Muslim in exchange, or to set him free without compensation. And whoever becomes Muslim before being captured will be free like the Muslims and will not be taken captive.
Furthermore, slaughtering (nahr) an animal is not a sin, but it is contrary to good character that the animal should be a riding animal, provides excellent service, and comes to use at the time of need, and yet it is the very one to be sacrificed.
In addition, ‘Adhba’ was the she-camel of the Messenger of Allah sallallahu alayhi wa sallam; it was not the property of that woman. Thus, sacrificing someone else’s animal falls under the category of sin.
From this hadith, it is derived that whoever makes a vow to commit a sin, such as vowing to drink wine, such a vow is invalid and there is no expiation (kaffarah) for it.
This is the view of Imam Malik, Shafi’i, Abu Hanifah, Dawud Zahiri rahimahumullah, and the majority of scholars.
According to Imam Ahmad rahimahullah, there is the expiation of an oath (kafarat al-yamin) in this case.
It should be noted that Thaqif was a tribe residing in the vicinity of Ta’if, and Banu Uqayl also lived there; both tribes were allies of each other. The people of Thaqif captured two Muslims, and on the other side, the Muslims captured a man from Banu Uqayl. Therefore, the Messenger of Allah sallallahu alayhi wa sallam secured the release of his two companions from Thaqif in exchange for the man from Banu Uqayl, and he took possession of the she-camel ‘Adhba’ for himself.
That is, you made a bad vow; you vowed to slaughter the very she-camel upon whose back Allah Ta'ala granted you deliverance—was this the recompense for it? Any vow that is for a sinful act, or for something over which a person has no ownership, should not be fulfilled.
Imam Nawawi rahimahullah has written in his commentary on this hadith that it is understood from this hadith that if a disbeliever is taken captive and then becomes Muslim, he will not be killed. However, it is permissible to enslave him, to take money in exchange for him, to secure the release of a Muslim in exchange, or to set him free without compensation. And whoever becomes Muslim before being captured will be free like the Muslims and will not be taken captive.
Furthermore, slaughtering (nahr) an animal is not a sin, but it is contrary to good character that the animal should be a riding animal, provides excellent service, and comes to use at the time of need, and yet it is the very one to be sacrificed.
In addition, ‘Adhba’ was the she-camel of the Messenger of Allah sallallahu alayhi wa sallam; it was not the property of that woman. Thus, sacrificing someone else’s animal falls under the category of sin.
From this hadith, it is derived that whoever makes a vow to commit a sin, such as vowing to drink wine, such a vow is invalid and there is no expiation (kaffarah) for it.
This is the view of Imam Malik, Shafi’i, Abu Hanifah, Dawud Zahiri rahimahumullah, and the majority of scholars.
According to Imam Ahmad rahimahullah, there is the expiation of an oath (kafarat al-yamin) in this case.
It should be noted that Thaqif was a tribe residing in the vicinity of Ta’if, and Banu Uqayl also lived there; both tribes were allies of each other. The people of Thaqif captured two Muslims, and on the other side, the Muslims captured a man from Banu Uqayl. Therefore, the Messenger of Allah sallallahu alayhi wa sallam secured the release of his two companions from Thaqif in exchange for the man from Banu Uqayl, and he took possession of the she-camel ‘Adhba’ for himself.
