Daraqutni

Sayyiduna Abdullah (may Allah be pleased with him) narrates that the Noble Prophet (peace and blessings be upon him) said: “This is Allah’s sanctuary; Allah made it sacred on the day He created the heavens and the earth. He placed these two mountains here. It was not made lawful for anyone before me (to fight here), nor will it be lawful for anyone after me. For me, it was made lawful only for a specific part of the day. Its thorns are not to be broken, its game is not to be frightened away, its grass is not to be cut, and its fallen things are not to be picked up, except by one who announces it.” Sayyiduna Abbas (may Allah be pleased with him) said: O Messenger of Allah! The people of Makkah cannot do without using idhkhir (a type of grass); goldsmiths use it and it is also used in houses. The Noble Prophet (peace and blessings be upon him) said: “The ruling for idhkhir is different (i.e., it is permitted to cut it).”

Sayyiduna Zayd bin Khalid al-Juhani (may Allah be pleased with him) narrates that the Prophet Muhammad (peace and blessings be upon him) was asked about gold or silver that is found (as lost property), so he (peace be upon him) said: "Remember the mark of the string tied at the mouth (of the pouch) and announce it for one year. If its owner is not found, then use it, but it will remain as a trust with you. Whenever, at any time, its owner comes, you must return it to him." The Prophet Muhammad (peace be upon him) was asked about a lost camel, so he (peace be upon him) said: "What have you to do with it! Leave it alone, its stomach and its feet are with it, it will reach water itself and eat leaves, until its owner finds it." The Prophet Muhammad (peace be upon him) was asked about a (lost) goat, so he said: "Either it will come to you, or to your brother, or the wolf will get it."

Amr bin Shu'aib narrates from his father, from his grandfather, that the Prophet Muhammad (peace be upon him) was asked about a lost camel. He said: "Its belly and its feet are with it; it will reach water on its own and eat from the trees, so do not worry about it." The Prophet Muhammad (peace be upon him) was asked about a lost goat, and he said: "It will either come to you, or to one of your brothers, or a wolf will get it, so you should take hold of it."

Sayyiduna Hibban bin Abu Jablah (may Allah be pleased with him) narrates that the Noble Prophet (peace and blessings of Allah be upon him) said: "Every person has more right to his wealth than his parents, his children, and all other people."

Sayyiduna Zaid bin Khalid (may Allah be pleased with him) narrates that a man came to the Prophet (peace and blessings be upon him) and asked: "What do you say about a lost camel?" The Prophet (peace and blessings be upon him) became angry, his cheeks turned red, and he said: "What do you have to do with it! Its feet and its stomach are with it; it will reach water on its own and eat leaves from the trees until its owner comes to it." The man asked: "Then what do you say about a lost goat?" The Prophet (peace and blessings be upon him) said: "You should take it, for either it will come to you, or to one of your brothers, or else a wolf will get it."

Sayyiduna Abdullah bin Amr bin al-As (may Allah be pleased with both of them) narrates that a man from the tribe of Muzaynah came to the service of the Noble Prophet (peace and blessings be upon him). He asked: “O Messenger of Allah! If someone steals a rope, what do you command regarding it?” The Prophet (peace and blessings be upon him) replied: “Punishment will be given for this and similar things. The hand will not be cut off for stealing an animal, but if an animal is kept with protection and it is stolen, then the hand will be cut off, provided its value is equal to the value of a shield. In that case, the hand will be cut off. If its value is less, then compensation will be taken and lashes will be administered.”

The man asked: “What is the ruling for stealing fruit from a tree?” The Noble Prophet (peace and blessings be upon him) replied: “For stealing such things, lashes will be given; the hand will not be cut off for stealing fruit from a tree. But if the fruit is kept somewhere for drying and it is stolen from there, then the hand will be cut off. Therefore, if the stolen fruit from there is equal to the value of a shield, the hand will be cut off, but if it is not of that value, the hand will not be cut off.”

He asked: “What is the ruling if something is stolen from the road or from a residential area, or if something is found lying around?” The Noble Prophet (peace and blessings be upon him) replied: “You should announce it for a year. If its owner comes, give it to him; otherwise, use it. Whenever its owner comes to you, you must give it to him. If something is found in an uninhabited settlement or on an unknown road, then one-fifth of the treasure found in it must be given.”

The man asked: “If a lost goat is found, what is your command regarding it?” The Noble Prophet (peace and blessings be upon him) replied: “It will either come to you, or to one of your brothers, or a wolf will get it, so keep it as your brother’s lost property.”

The man asked: “What is your opinion about a lost camel?” The Noble Prophet (peace and blessings be upon him) replied: “It does not matter; its belly and its feet are with it. It will eat and drink water itself until its owner reaches it.”

Sayyiduna Ali bin Abi Talib (may Allah be pleased with him) narrates that the Prophet Muhammad (peace and blessings be upon him) said: "No bequest can be made in favor of a murderer."

Sayyiduna Abu Huraira (may Allah be pleased with him) narrates this statement of the Noble Prophet (peace and blessings be upon him): "The killer does not inherit."

Amr bin Shu'aib narrates from his father, from his grandfather: The Prophet Muhammad (peace be upon him) said: "The killer does not receive anything from the inheritance."

Sayyiduna Umar bin Khattab (may Allah be pleased with him) narrates that the Noble Prophet (peace and blessings be upon him) said: "The killer gets nothing (i.e., he does not get anything from the inheritance)." A similar narration is reported from other individuals as well.

A similar narration is transmitted from other individuals.

Zaid bin Aslam narrates from his father: Sayyiduna Umar bin Khattab (may Allah be pleased with him) appointed his slave as an official, making him the supervisor of the pasture; his name was Hani. Sayyiduna Umar (may Allah be pleased with him) said to him: O Hani! Treat the Muslims gently, beware of the supplication of the oppressed, for it is answered. Allow the owners of a few sheep and goats to enter the pasture, but do not let the animals of Uthman bin Affan and Abdur Rahman bin Awf enter. The reason is that if the animals of these two die, they will go to their date orchards, but if the animals of those who own only a few goats die, they will come to me with their children and say: O Commander of the Faithful! (Help us!) Will I abandon them? Providing water and pasture for these people is easier for me than providing dinars and dirhams. By Allah! These people think that we have wronged them, although this is their own land, over which they used to fight each other in the days of ignorance. And while living in this very area, they accepted Islam. By the One in Whose power is my soul! If I did not have to provide wealth to the fighters in the way of Allah, I would not prevent people from entering even a span of land (i.e., I would not declare it as government pasture).

Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) narrates the statement of Sayyiduna Sa'b bin Jathamah (may Allah be pleased with him): The Noble Prophet (peace and blessings be upon him) said: "The pasture is only for Allah and His Messenger."

Amr bin Shu'aib, narrating from his father, from his grandfather, reports that Sayyiduna Bilal (may Allah be pleased with him) came to the Prophet Muhammad (peace be upon him) with the 'ushr (tithe) of his land. He asked the Prophet (peace be upon him) to grant him a valley as a pasture, which was called Salbah. The Prophet (peace be upon him) granted him that place as a pasture. Then, when Sayyiduna Umar (may Allah be pleased with him) became the caliph, Sufyan bin Wahb wrote a letter to Sayyiduna Umar (may Allah be pleased with him) and asked him about this matter. Sayyiduna Umar (may Allah be pleased with him) replied: He will pay you the same as he used to pay the Prophet (peace be upon him), that is, one-tenth of the produce of that place. So, it is fine, let the pasture remain with him, which is called Salbah, and if he does not do so, then it will be as if anyone who wishes may eat from it.

Amr bin Shu'aib, from his father, from his grandfather, reports that the Prophet Muhammad (peace be upon him) said: "The pasture is only for Allah and His Messenger."

Lady Umm Salamah (may Allah be pleased with her) narrates that once I was sitting with the Prophet Muhammad (peace be upon him), when two men came to him. There was a dispute between them regarding inheritance, concerning some things that were very old. The Prophet Muhammad (peace be upon him) said: "I will judge between you according to my opinion in matters about which no revelation has been sent down to me. So, if I give a decision in favor of someone, and as a result he takes something unjustly, then he is taking a piece of Hell, which he will carry around his neck on the Day of Resurrection." The narrator says that both of those men began to weep. One of them said: The right I was claiming actually belongs to my companion. The Prophet Muhammad (peace be upon him) said: "No! Both of you go and investigate the matter, then take your respective shares, and each of you should declare it lawful for his companion."

The same narration is transmitted with another chain, however, in it are these words: He said: "If I judge among you according to my opinion, based on evidence, and someone receives a share as oppression..."

Lady Umm Salamah (may Allah be pleased with her) narrates that I was sitting with the Noble Prophet (peace and blessings be upon him), and there was a curtain between me and the people. Some people came to him with a case regarding inheritance and other matters which had been lost, and there was no one left who could recognize it.

Lady Zainab bint Abu Salamah (may Allah be pleased with her) narrates that Lady Umm Salamah informed her about the Prophet Muhammad (peace be upon him) that he heard the voices of some people arguing at the door of his chamber. He went to them and said: "I am also a human being. When a litigant brings a case to me, it is possible that he is more eloquent in presenting his argument than the other party, so I judge in his favor thinking he is truthful. So, if I give a decision in favor of someone regarding the right of a Muslim, then it is a piece of Hellfire; it is up to him whether he takes it or leaves it."

Sayyidah Zainab bint Umm Salamah (may Allah be pleased with her) narrates from her mother that the Noble Prophet (peace and blessings be upon him) said: "You people bring your disputes to me; it is possible that one of you may be more eloquent in presenting his argument than the other. I am also a human being, so in such a situation, I will decide according to what I hear. So, if I give a decision in favor of someone regarding his brother's right, then he should not take it, because I have cut a piece of Hell for him." In another narration, these words are mentioned: "Now it is up to him whether he takes it or leaves it."

Lady Aisha (may Allah be pleased with her) narrates that the Prophet Muhammad (peace be upon him) once came to me and he was very happy. He said: "O Aisha! Do you know that Mujazziz Mudliji came to me? He saw Usama and Zaid (they were both sleeping), and there was a sheet over them which covered their bodies, but their feet were visible. So he said: These two are father and son."

Lady Aisha (may Allah be pleased with her) narrates that once the Prophet Muhammad (peace be upon him) came to me himself and said: "Do you know that Mujazziz al-Mudliji looked at Usama bin Zaid, who was lying with his father, and he said: These two are father and son." (The narrator says:) Mujazziz was skilled in physiognomy.

Lady Aisha (may Allah be pleased with her) narrates that once a physiognomist came, and the Prophet Muhammad (peace and blessings be upon him) was also present there. Sayyiduna Usama bin Zaid and Zaid bin Haritha were both lying down. That person said: These feet are of a father and son. Lady Aisha (may Allah be pleased with her) narrates that the Prophet Muhammad (peace and blessings be upon him) smiled and liked this statement, and he told this to Lady Aisha (may Allah be pleased with her). The narrator named Ibrahim bin Sa’d states: Sayyiduna Zaid (may Allah be pleased with him) had a fair and reddish complexion, while Sayyiduna Usama’s complexion was like the night (dark).

Lady Aisha (may Allah be pleased with her) narrates that once the Prophet Muhammad (peace be upon him) came to her and he was very happy, and due to his happiness, his blessed face was shining. He said: "Have you heard? What did Mujazziz al-Mudliji say about Zaid and Usama: He only saw their feet and said: These feet are of a father and son."

Sayyiduna Abdullah bin Zubair (may Allah be pleased with both of them) narrates that Zam‘ah had a slave woman with whom he used to have relations. This slave woman said that another man also had relations with her. During this time, Zam‘ah passed away and the slave woman became pregnant. She gave birth to a child who resembled the man about whom the slave woman had spoken. Sayyidah Umm Salamah (may Allah be pleased with her) mentioned this matter to the Prophet Muhammad (peace and blessings be upon him), so he said: "As far as inheritance is concerned, it will go to him, but as for your matter, you should observe veiling from him because he is not your brother."

Lady Aisha, may Allah be pleased with her, narrates that Sa’d and ‘Abd bin Zam’ah began to argue while sitting with the Prophet (peace be upon him). Sa’d said: O Messenger of Allah! My brother ‘Utbah made a bequest to me, he said that when you go to Mecca, look at the son of Zam’ah’s slave woman and take him into your care, for he is my son. ‘Abd bin Zam’ah said: O Messenger of Allah! He is the son of my father’s slave woman and my brother, who was born on my father’s bed. The Prophet (peace be upon him) noticed a clear resemblance of the child to ‘Utbah, so he said: “O ‘Abd bin Zam’ah! He will be attributed to you, for the child belongs to the (owner of the) bed.” O Sawdah! Observe veil from this boy.

Lady Aisha (may Allah be pleased with her) narrates that Sa’d bin Abi Waqqas and ‘Abd bin Zam’ah came with a case regarding the son of Zam’ah’s slave woman. Sa’d said: O Messenger of Allah! This is the son of my brother ‘Utbah bin Abi Waqqas. My brother took a promise from me regarding him that he is his son. Please compare him with Qutaybah. ‘Abd bin Zam’ah said: He is my brother who was born on my father’s bed from his slave woman. The narrator says: The Prophet (peace and blessings of Allah be upon him) compared him with Qutaybah and he clearly resembled Qutaybah. The Prophet said: “The child will go to you, for the child belongs to the bed, and the adulterer gets deprivation.” O Sawdah! Observe veil from this boy. The narrator says: After that, Lady Sawdah (may Allah be pleased with her) never saw that boy again.

This narration is also transmitted with another chain of transmission.

Lady Aisha (may Allah be pleased with her) narrates that Qutaybah bin Abi Waqqas made his brother Zayd bin Abi Waqqas promise that the son of Zam‘a’s slave woman is from me, so you should take him into your custody. Lady Aisha (may Allah be pleased with her) narrates: On the occasion of the conquest of Makkah, Sayyiduna Sa‘d took him and said: This is my nephew about whom my brother made me promise. And ‘Abd bin Zam‘a stood before them and said: This is my brother, he is the son of my father’s slave woman who was born on my father’s bed. Both of them brought their case before the Prophet Muhammad (peace and blessings be upon him). Sayyiduna Sa‘d said: O Messenger of Allah! This is my nephew about whom my brother made me promise. ‘Abd bin Zam‘a said: This is my brother, the son of my father’s slave woman, who was born on my father’s bed. The Prophet Muhammad (peace and blessings be upon him) said: “O ‘Abd bin Zam‘a! He will be given to you.” Then the Prophet Muhammad (peace and blessings be upon him) said: “The child will be attributed to the one on whose bed he was born, and the adulterer will be deprived.” Then the Prophet Muhammad (peace and blessings be upon him) said to Lady Sawda bint Zam‘a (may Allah be pleased with her): “Observe veiling from him.” The reason for this was that the Prophet Muhammad (peace and blessings be upon him) had noticed his resemblance to ‘Utbah. Lady Aisha (may Allah be pleased with her) narrates: That boy never saw Lady Sawda (may Allah be pleased with her) until his death.

This narration is also transmitted with other chains of transmission.

Muhammad, the narrator, reports that there was a disagreement between Sayyiduna Umar ibn Khattab and Sayyiduna Mu'adh ibn Afra regarding something. Both of them appointed Sayyiduna Ubayy ibn Ka'b as an arbitrator. Sayyiduna Umar (may Allah be pleased with him) narrated the entire incident to him. Sayyiduna Ubayy said: "You should pardon the Commander of the Faithful." He replied: "If this payment is obligatory upon me, then do not pardon me at all." So Sayyiduna Ubayy ibn Ka'b said: "O Commander of the Faithful! This payment is indeed obligatory upon you." Then Sayyiduna Umar (may Allah be pleased with him) swore an oath and said: "Because of my swearing, I am absolved of it; you take this thing, it is yours."

Hassan bin Thamamah narrates that once Sayyiduna Hudhayfah (may Allah be pleased with him) recognized his camel which had been stolen. He took the case to the judge of the Muslims, and according to the judicial decision, Sayyiduna Hudhayfah (may Allah be pleased with him) had to take an oath. So he announced compensation for his oath: "I will give you ten dirhams." He refused. He said, "I will give you twenty dirhams." He refused. He said, "I will give you thirty dirhams." He refused. He said, "I will give you forty dirhams." He refused. Then Sayyiduna Hudhayfah (may Allah be pleased with him) said, "Leave my camel for me." Then he took an oath that this was his camel, which he had neither sold nor gifted to anyone.

Muhammad bin Jubair narrates from his father that he paid ten thousand dirhams as expiation for his oath, and then he said: By the Lord of this mosque! And by the Lord of this grave! If I had sworn an oath, I would have been truthful in swearing, but this is such a matter that I have given expiation for my oath.

It is narrated about Sayyiduna Abdullah bin Amr (may Allah be pleased with them both) that he gave the ruling of forty dirhams for a hunting dog. For a shepherd dog, he ruled the payment of one goat; for a field-guarding dog, the ruling was a measure (large vessel) of grain; and for a house-guarding dog, the ruling was a large clay vessel. This will be obligatory upon the person who kills a dog; he must pay this compensation. However, it is obligatory for the owner of the dog to make some reduction in this compensation when receiving it.

Sayyidah Aisha (may Allah be pleased with her) narrates that the Noble Prophet (peace and blessings be upon him) said: "Whoever builds a structure on someone else's place with his permission, then payment of the price will be obligatory upon him. And whoever builds there without the owner's permission, then that structure will be demolished."