The Book of Jihad and Expedition (Kitab Al-Jihad wa'l-Siyar)
INTRODUCTION
The word Jihad is derived from the verb jahada which means:" he exerted himself". Thus literally, Jihad means exertion, striving; but in juridico-religious sense, it signifies the exertion of one's power to the utmost of one's capacity in the cause of Allah. This is why the word Jihad has been used as the antonym to the word Qu, ud (sitting) in the Holy Qur'an (iv. 95). Thus Jihad in Islam is not an act of violence directed indiscriminately against the non-Muslims; it is the name given to an all-round struggle which a Muslim should launch against evil in whatever form or shape it appears. Qital fi sabilillah (fighting in the way of Allah) is only one aspect of Jihad. Even this qital in Islam is not an act of mad brutality. It has its material and moral functions, i. e. self-preservation and the preservation of the moral order in the world. The verdict of all religious and ethical philosophies-ancient and modern-justify war on moral grounds. When one nation is assailted by the ambitions and cupidity of another, the doctrine of non-resistance is anti-social, as it involves non-assertion, not only of one's own rights, but of those of others who need protection against the forces of tyranny and oppression. A Muslim is saddled with the responsibilities to protect himself and all those who seek his protection. He cannot afford to abandon the defenceless people, old man, women and children to privation, suffering and moral peril. Fighting in Islam, therefore, represents in Islamic Law what is known among Western jurists as" just war".
The very first revelation in which the permission to wage war against the forces of evil sums up the aims and objects of qital in Islam:
" Permitted'are those who are fought against, because they have been oppressed. and verily God is more Powerful for their aid. Those who have been driven from their homes unjustly only because they said: 'Our Lord is Allah, ' for had it not been for 'Allah's repelling someone by means of others, cloisters and churches and mosques, wherein the name of Allah is oft-mentioned, would assuredly have been pulled down. Verily Allah helps one who helps Him. Lo! Allah is Strong. Almighty" (xxii. 39. 41).
These verses eloquently speak of 'the fact that it is neither for the acquisition of territory nor for the love of power and distinction that the Muslims have been permitted to raise arms against the enemy. They were allowed to do so because their very existence had been made difficult by the high-handedness of the Meccans. The Holy Qur'an has elucidated this point in the following verse:
" And what reason have you not to fight in the way of Allah and for the oppressed among men and women and children who say: Our Lord! take us forth from the town whereof the people are oppressors and grant us from Thee a friend and grant us from Thee a helper" (iv. 75).
The war in Islam is waged with a view to securing liberty and freedom for those who are groaning under the oppression of heartless tyrants. It is the bounden duty of the Muslims to alleviate their sufferings and create for them an atmosphere of peace and security.
Then in the succeeding verse a distinction is also drawn between two types of war: one which is fought for the sake of Allah and the other which is waged for evil ends:
" Those who believe fight in the way of Allah and those who disbelieve fight in the way of devil. So fight against the friends of Satan; verily weak indeed is the strategy of the devil" (iv. 76).
It has been made clear that those people who fight for self-glorification or for the exploitation of the weak are in fact friends of the devil; wheres those who raise arms to curb tyranny and aggression, to eradicate evil from the human society, fight in the way of Allah. Mere fighting is not, therefore, Jihad in Islam; it is the noble objective alone which makes it a sacred pursuit like devotion and prayer. It is narrated on the authority of Abu Musa Ash'ari that once a man went to the Holy Prophet (may peace be upon him) and said: One man fights for the sake of spoils of war, the second one fights for fame and glory and the third to display his courage and skill; which among them is the fighter for the cause of Allah? Upon this the Holy Prophet (may peace be upon him) replied: He who fights with the sole objective that the word of Allah should become supreme is a Mujahid in the cause of the Lord.
A Mujahid is thus a noble person who offers his life for the achievement of lofty ends. He is actuated by human considerations lifts arms not under the impulse of fury and revenge, but with will, fore-thought, tenacity and fellow-feeling, and his conduct bears the imprint of human intellect, human sympathy and sense of justice.
The Holy Qur'an has explained this point in Sura Anfal in these words:
" O you who believe, when you meet an enemy, be firm, and remember Allah much, that you may be successful. And obey Allah and His Apostle. And fall with no disputes, lest ye falter and your strength fail; but be steadfast! For Allah is with those who patiently persevere. Be not as those who came forth from their dwellings boastfully. And to be seen of men and debar (men) from the way of Allah. And Allah encompasses what they do" (viii. 45-46).
Here the Muslims have been exhorted to observe five principles of war:
Be steadfast in the face of the enemy.
Have full reliance on the help of Allah and remember Him much.
Have the unity of purpose and solidarity of corporate life always before your eyes.
Be fully aware of the lofty purpose before you in fighting.
Don't be proud and boastful in your attitude and behaviour.
Islam has purified even war of all its cruelty and horrors and has made it a" reformative process" to deal with evil. The Holy Qur'an bserves:
" And fight in the way of Allah against those who fight against you and transgress not the limits. Verily Allah loves not the transgressors" (ii. 190).
The Holy Prophet (may peace be upon him) has given clear instructions about the behaviour of the Muslim army. He observed:
" Set out for Jibad in the name of Allah and for the sake of Allah. Do not lay hands on the old verging on death, on women, children and babes. Do not steal anything from the booty and collect together all that falls to your lot in the battlefield and do good, for Allah loves the virtuous and the pious."
So great is the respect for humanly feelings in Islam that even the wanton destruction of enemy's crops or property is strictly forbidden. The righteous Caliphs followed closely the teachings of Allah and those of His Apostle in letter and spirit the celebrated address which the first Caliph Abu Bakr (Allah be pleased with him) gave to his army while sending her on the expedition to the Syrian borders is permeated with the noble spirit with which the war in Islam is permitted. He said:
" Stop, O people, that I may give you ten rules for your guidance in the battlefield. Do not commit treachery or deviate from the right path. You must not mutilate dead bodies. Neither kill a child, nor a woman. nor an aged man. Bring no harm to the trees, nor burn them with fire, especially those which are fruitful. Slay not ary of the enemy's flock. save for your food. You are likely to pass by people who have devoted their lives to monast ic services; leave them alone"
It is said that once at the time of conquest, a singing girl was brought to al-Muhajir b. Abu Umayya who had been publicly singing satirical poems about Hadrat Abu Bakr. Muhajir got her hand amputated. When the Caliph heard this news, he was shocked and wrote a letter to Muhajir in the following words:
" I have learnt that you laid hands on a woman who had hurled abuses on me, and, therefore, got her hand amputated. God has not sought vengeance even in the case of polytheism, which is a great crime. He has not permitted mutilation even with regard to manifest infidelity. Try to be considerate and sympathetic in your attitude towards others in future. Never mutilate, because it is a grave offence. God purified Islam and the Muslims from rashness and excessive wrath. You are well aware of the fact that those enemies fell into the hands of the Messenger of Allah (may peace be upon him) who had been recklessly abusing him; who had turned him out of his home; and who fought against him, but he never permitted their mutilation."
Another letter written by hadrat 'Umar the Second Caliph, which is addressed to sa'd b. Abu Waqqas, speaks eloquently of the noble spirit with which the Muslims have bear exhorted to take up arms:
" Always search your minds and hearts and stress upon your men the need of perfect integrity and sincerity in the cause of Allah. There should be no material end before them in laying down their lives. but they abould deem it a means whereby they can please their Lord and entitle them. selves to His favour: such a spirit of selflessness should be inculcated in the minds of those who unfortunately lack it. Be firm in the thick of the battle as Allah helps man according to the perseverance that he shows in the cause of His faith and he would be rewarded in accordance with the spirit of sacrifice which he displays for the sake of the Lord. Be careful that those who have been entrusted to your care receive no harm at your hands and are never deprived of any of their legitimate rights.
Such in fact is the humane and noble attitude which Islam exhorts its followers to adopt on the battlefield where passions are generally let loose. It is an attitude the like of which is not to be found in the history of any other nation. Has the world any code of military ethics more noble and compassionate than this?" The moral tone adopted by the Caliph Abu Bakr in his instructions to the Syrian army was," says a Christian historian," so unlike the principles of the Roman government that it must have commanded profound attention from the subject people-such a proclamation announced to Jews and Christians sentiments of justice and principles of toleration which neither Roman emperors nor orthodox bishops had ever adopted as the rule of conduct."
Western scholars have indulged in a good deal of mud-slinging on the question of the use of the sword in Islam. But if one were to reflect calmly on this point one would be convinced that the sword has not been used recklessly by the Muslims; it has been wielded purely with humane feelings in the wider interest of humanity. Utmost regard was always shown to human life, honour and property even on the battlefield. That is why in all the eighty-two encounters between the Muslims and the non-Muslims during the life of the Holy Prophet (may peace he upon him), only 1018 persons lost their lives on both sides. Out of this 259 were Muslims, whereas the remaining 759 belonged to the opposite camp. One wonders at the audacity of these writers only when one compares the religious wars of Charles the Great, in which 4300 pagan Saxons were killed in cold blood, when one recalls the" famous answer by which the Papal Legate, in the Albigensian war, quieted the scruples of a too conscientious general, 'Kill all, God will know His own'.... When we recall the Spanish Inquisition, the conquest of Mexico and Peru, the massacre of St. Bartholomew, and the sack of Magdeburg by Tilly."
It is indeed strange that the criticism on the use of sword by Muslims emanates from those whose hands are soiled in the blood of countless innocent human beings, by those who exult in the techniques of homicide, who have depersonalised warfare to such an extent that millions of innocent men and women are put to death and numberless are thrown into concentration camps and flogged with steel rods and ox-hide whips, and all this is done without any qualm of conscience. As human beings. we hang our heads down in shame when we think of the horrifying atrocities which have been perpetrated by the modern civilised men. It is estimated that. in the First World War, ten million soldiers were killed and an equal number of civilians lost their lives, and twenty million died on account of widespread epidemics and famines throughout the world as an aftermath of this war. Economic costs are estimated at $ 338,000,000,000 of which $ 186,000,000,000 were direct costs.
The losses in the Second World War were staggeringly greater as compared to those in the first one. Twenty-two million persons were killed and thirty-four million were wounded. The estimated cost of the war was $ 1, 348. 000,000,000 of which $ 1, 167,000,000,000 consisted of direct military costs.
It is significant that in the Korean War, the first instance in which an international organisation for establishing peace utilised military force to suppress aggression, more than one million persons were killed which added to the civilian deaths in Korea and totalled about five millions.
Chapter 1: REGARDING PERMISSION TO MAKE A RAID, WITHOUT AN ULTIMATUM, UPON THE DISBELIEVERS WHO HAVE ALREADY BEEN INVITED TO ACCEPT ISLAM
Book 019, Number 4292:
Ibn 'Aun reported: I wrote to Nafi' inquiring from him whether it was necessary to extend (to the disbelievers) an invitation to accept (Islam) before m". ing them in fight. He wrote (in reply) to me that it was necessary in the early days of Islam. The Messenger of Allah (may peace be upon him) made a raid upon Banu Mustaliq while they were unaware and their cattle were having a drink at the water. He killed those who fought and imprisoned others. On that very day, he captured Juwairiya bint al-Harith. Nafi' said that this tradition was related to him by Abdullah b. Umar who (himself) was among the raiding troops.
Book 019, Number 4293:
This hadith has been narrated on the authority of Ibn 'Aun and the name of Juwairiya bint al-Harith was mentioned beyond any doubt.
Chapter 2: APPOINTMENT OF THE LEADERS OF EXPEDITIONS BY THE IMAM AND HIS ADVICE TO THEM ON ETIQUETTES OF WAR AND RELATED MATTERS
Book 019, Number 4294:
It has been reported from Sulaiman b. Buraid through his father that when the Messenger of Allah (may peace be upon him) appointed anyone as leader of an army or detachment he would especially exhort him to fear Allah and to be good to the Muslims who were with him. He would say: Fight in the name of Allah and in the way of Allah. Fight against those who disbelieve in Allah. Make a holy war, do not embezzle the spoils; do not break your pledge; and do not mutilate (the dead) bodies; do not kill the children. When you meet your enemies who are polytheists, invite them to three courses of action. If they respond to any one of these, you also accept it and withold yourself from doing them any harm. Invite them to (accept) Islam; if they respond to you, accept it from them and desist from fighting against them. Then invite them to migrate from their lands to the land of Muhairs and inform them that, if they do so, they shall have all the privileges and obligations of the Muhajirs. If they refuse to migrate, tell them that they will have the status of Bedouin Muilims and will be subjected to the Commands of Allah like other Muslims, but they will not get any share from the spoils of war or Fai' except when they actually fight with the Muslims (against the disbelievers). If they refuse to accept Islam, demand from them the Jizya. If they agree to pay, accept it from them and hold off your hands. If they refuse to pay the tax, seek Allah's help and fight them. When you lay siege to a fort and the besieged appeal to you for protection in the name of Allah and His Prophet, do not accord to them the guarantee of Allah and His Prophet, but accord to them your own guarantee and the guarantee of your companions for it is a lesser sin that the security given by you or your companions be disregarded than that the security granted in the name of Allah and His Prophet be violated When you besiege a fort and the besieged want you to let them out in accordance with Allah's Command, do not let them come out in accordance with His Command, but do so at your (own) command, for you do not know whether or not you will be able to carry out Allah's behest with regard to them.
Book 019, Number 4295:
Sulaiman b. Buraida repotted on the authority of his father that when Allah's Messenger (may peace be upon him) sent an Amir with a detachment he called him and advised him. The rest of the hadith is the same.
Book 019, Number 4296:
This hadith has been transmitted on the authority of Shu'ba.
Chapter 3: COMMAND TO SHOW LENIENCY AND TO AVOID CREATING AVERSION (TOWARDS RELIGION)
Book 019, Number 4297:
It has been narrated on the authority of Abu Masa that when the Messenger of Allah (may peace be upon him) deputed any of his Companions on a mission, he would say: Give tidings (to the people) ; do not create (in their minds) aversion (towards religion) ; show them leniency and do not be hard upon them.
Book 019, Number 4298:
It has also been narrated by Sa'd b. Abu Burda through his father through his grandfather that the Prophet of Allah (may peace be upon him) sent him and Mu'adh (on a mission) to the Yemen, and said (by way of advising them): Show leniency (to the people) ; don't be hard upon them; give them glad tidings (of Divine favours in this world and the Hereafter) ; and do not create aversion. Work in collaboration and don't be divided.
Book 019, Number 4299:
This hadith has been transmitted on the authority of Buraida but for the last two words.
Book 019, Number 4300:
The Messenger of Allah (may peace he upon him) has been reported by Anas b. Malik to have said: Show leniency; do not be hard; give solace and do not create aversion.
Chapter 4: PROHIBITION (DENUNCIATION) OF BREACH OF FAITH
Book 019, Number 4301:
It has been narrated on the authority of Ibn 'Umar that the Messenger of Allah (may peace be upon him) said: When Allah will gather together, on the Day of Judgment, all the earlier and later generations of mankind, a flag will be raised (to mark off) every person guilty of breach of faith, and it will be announced that this is the perfidy of so and so, son of so and so (to attract the attention of people to his guilt).
Book 019, Number 4302:
This hadith has been narrated on the authority of Ibn Umar through some other Chains of transmitters.
Book 019, Number 4303:
This hadith has been narrated by another chain of transmitters on the authority of the same narrator, with the wording: Allah will set up a flag for every person guilty of breach of faith on the Day of Judgment, and it will be announced: Look, this is the perfidy of so and so.
Book 019, Number 4304:
Ibn Umar reported that he heard the Messenger of Allah (may peace be upon him) saying: There will be a flag for every perfidious person on the Day of Judgment.
Book 019, Number 4305:
'Abdullah reported Allah's Prophet (may peace be upon him) as saying: There will be a flag for every perfidious person on the Day of Judgment, and it would be said: Here is the perfidy of so and so.
Book 019, Number 4306:
This hadith has been narrated on the authority of Shu'ba with a slight variation of wording.
Book 019, Number 4307:
It has been narrated on the authority of Abdullah that the Messenger of Allah (may peace be upon him) said: There will be for every perfidious person on the Day of Judgment a flag by which he will be recognised. It will be announced: Here is the breach of faith of so and so.
Book 019, Number 4308:
Anas reported Allah's Messenger (may peace be upon him) having said this: There would be a flag for every perfidious person on the Day of Judgment by which he will be recognised.
Book 019, Number 4309:
It is narrated on the authority of Abu Sa'id that the Messenger of Allah (may peace be upon him) said: On the Day of Judgment there will be a flag fixed behind the buttocks of every person guilty of the breach of faith.
Book 019, Number 4310:
It is narrated on the authority of Abu Sa'id that the Messenger of Allah (may peace be upon him) said: On the Day of Judgment there will be a flag for every person guilty of the breach of faith. It will be raised in proportion to the extent of his guilt; and there is no guilt of treachery more serious than the one committed by the ruler of men.
Chapter 5: JUSTIFICATION FOR THE USE OF STRATAGEM IN WAR
Book 019, Number 4311:
It is narrated on the authority of Jabir that the Messenger of Allah (may peace be upon him) said: War is a stratagem.
Book 019, Number 4312:
This hadith has also been narrated on the authority of Abu Huraira.
Chapter 6: ONE SHOULD NOT DESIRE AN ENCOUNTER WITH THE ENEMY, BUT IT IS ESSENTIAL TO SHOW PATIENCE DURING THE ENCOUNTER
Book 019, Number 4313:
It has been narrated on the authority of Abu Huraira that the Messenger of Allah (may peace be upon him) said: Do not desire an encounter with the enemy; but when you encounter them, be firm.
Book 019, Number 4314:
It is narrated by Abu Nadr that he learnt from a letter sent by a man from the Aslam tribe, who was a Companion of the Holy Prophet (may peace be upon him) and whose name was 'Abdullah b. Abu Aufa, to 'Umar b. 'Ubaidullah when the latter marched upon Haruriyya (Khawarij) informing him that the Messenger of Allah (may peace be upon him) in one of those days when lie was confronting the enemy waited until the sun had declined. Then he stood up (to address the people) and said: O ye men, do not wish for an encounter with the enemy. Pray to Allah to grant you security; (but) when you (have to) encounter them exercise patience, and you should know that Paradise is under the shadows of the swords. Then the Messenger of Allah (may peace be upon him) stood up (again) and said: O Allah. Revealer of the Book, Disperser of the clouds, Defeater of the hordes, put our enemy to rout and help us against them.
Chapter 7: DESIRABILITY OF PRAYING FOR VICTORY AT THE TIME OF CONFRONTATION WITH THE ENEMY
Book 019, Number 4315:
It is narrated on the authority of Ibn Abu Aufa that the Messenger of Allah (may peace be upon him) cursed the tribes (who had marched upon Medina with a combined force in 5 H) and said: O Allah, Revealer of the Book, swift in (taking) account, put the tribes to rout. O Lord, defeat them and shake them.
Book 019, Number 4316:
This hadith has been transmitted on the authority of Ibn Abu Aufa with a slight variation of words.
Book 019, Number 4317:
This hadith has been narrated on the authority of Ibn 'Uyaina through another chain of transmitters (who added the words)" the Disperser of clouds" in his narration.
Book 019, Number 4318:
It is narrated on the authority of Anas that the Messenger of Allah (may peace be upon him) said on the day of the Battle of Ubud: O Allah, if Thou wilt (defeat Muslims), there will be none on the earth to worship Thee.
Chapter 8: PROHIBITION OF KILLING WOMEN AND CHILDREN IN WAR
Book 019, Number 4319:
It is narrated on the authority of 'Abdullah that a woman was found killed in one of the battles fought by the Messenger of Allah (may peace be upon him). He disapproved of the killing of women and children.
Book 019, Number 4320:
It is narrated by Ibn 'Umar that a woman was found killed in one of these battles; so the Messenger of Allah (may peace be upon him) forbade the killing of women and children.
Chapter 9: PERMISSIBILITY OF KILLING WOMEN AND CHILDREN IN THE NIGHT RAIDS, PROVIDED IT IS NOT DELIBERATE
Book 019, Number 4321:
It is reported on the authority of Sa'b b. Jaththama that the Prophet of Allah (may peace be upon him), when asked about the women and children of the polytheists being killed during the night raid, said: They are from them.
Book 019, Number 4322:
It is narrated by Sa'b b. Jaththama that he said (to the Holy Prophet): Messenger of Allah, we kill the children of the polytheists during the night raids. He said: They are from them.
Book 019, Number 4323:
Sa'b b. Jaththama has narrated that the Prophet (may peace be upon him) asked: What about the children of polytheists killed by the cavalry during the night raid? He said: They are from them.
Chapter 10: JUSTIFICATION FOR CUTTING DOWN THE TREES AND BURNING THEM
Book 019, Number 4324:
It is narrated on the authority of 'Abdullah that the Messenger of Allah (may peace be upon him) ordered the date-palms of Banu Nadir to be burnt and cut. These palms were at Buwaira. Qutaibah and Ibn Rumh in their versions of the tradition have added: So Allah, the Glorious and Exalted, revealed the verse:" Whatever trees you have cut down or left standing on their trunks, it was with the permission of Allah so that He may disgrace the evil-doers" (lix. 5).
Book 019, Number 4325:
It is narrated on the authority of Ibn Umar that the Messenger of Allah (may peace be upon him) caused the date-palms of Banu Nadir to be cut down and burnt. It is in this connection that Hassan (the poet) said:
It was easy for the nobles of Quraish to barn Buwaira whose sparks were flying in all directions.
in the same connection was revealed the Qur'anic verse:" Whatever trees you have cut down or left standing on their trunks."
Book 019, Number 4326:
'Abdullah b. Umar reported that Allah's Apostle (may peace be upon him) burnt the date-palms of Banu Nadir.
Chapter 11: THE SPOILS OF WAR ESPECIALLY MADE LAWFUL FOR THIS UMMA
Book 019, Number 4327:
It has been narrated by Abu Huraira that the Messenger of Allah (may peace be upon him) said: One of the Prophets made a holy war. He said to his followers: One who has married a woman and wants to consummate to his marriage but has not yet done so; another who has built a house but has not yet erected its roof; and another who has bought goats and pregnantshe-camels and is waiting for their offspring-will not accommpany me. So he marched on and approached a village at or about the time of the Asr prayers. He said to the sun: Thou art subserviant (to Allah) and so am I. O Allah, stop it for me a little. It was stopped for him until Allah granted him victory. The people gathered the spoils of war (at one place). A fire approached the spoils to devour them, but it did not devour them. He (the Holy Prophet) said: Some of you have been guilty of misappropriation. So one man from each tribe should swear fealty to me. The did so (putting their hands into his). The hand of one man stuck to his hand and the Prophet (may peace be upon him) said: Your tribe is guilty of misappropriation. Let all the members of your tribe swear fealty to me one by one. They did so, when the hands of two or three persons got stuck with his hand. He said: You have misappropriated. So they took out gold equal in volume to the head of a cow. They-placed it among the spoils on the earth. Then the fire approached the spoils and devoured them. The spoils of war were not made lawful for any people before us, This is because Allah saw our weakness and humility and made them lawful for us.
Chapter 12: SPOILS OF WAR
Book 019, Number 4328:
A hadith has been narrated by Mus'ab b. Sa'd who heard it from his father as saying: My father took a sword from Khums and brought it to the Holy Prophet (may peace be upon him) and said: Grant it to me. He refused. At this Allah revealed (the Qur'anic verse):" They ask thee concerning the spoils of war. Say: The spoils of war are for Allah and the Apostle" (viii. 1).
Book 019, Number 4329:
A hadith has been narrated by Mus'ab b. Sa'd who heard it from his father as saying:" Four verses of the Qur'an have been revealed about me. I found a sword (among the spoils of war). It was brought to the Holy Prophet (may peace be upon him). He (my father) said: Messenger of Allah, bestow it upon me. The Apostle of Allah (may peace be upon him) said: Place it there. Then he (my father) stood up and the Messenger of Allah (may peace be upon him) said to him: Place it from where you got it. (At this) he (my father) said again: Messenger of Allah, bestow it upon me Shall I be treated like one who has no share in (the booty)? The Apostle of Allah (may peace be upon him said: Place it from where you got it. At this was revealed the verse:" They ask thee about the spoils of war.... Say: The spoils of war are for Allah and the Messenger"
Book 019, Number 4330:
It has been narrated on the authority of Ibn Umar that the Prophet (may peace be upon him) sent an expedition to Najd and I was among the troops. They got a large number of camels as a booty. Eleven or twelve camels fell to the lot of every fighter and each of them also got one extra camel.
Book 019, Number 4331:
Ibn 'Umar reported that Allah's Messenger (may peace be upon him) sent an expedition to Najd and Ibn Umar was also among the troops, and their share (of the spoils) came to twelve camels and they were given one camel over and above that. and Allah's Messenger (may peace be upon him) did not make any change in it.
Book 019, Number 4332:
It has been narrated by Ibn 'Umar that the Messenger of Allah (may peace be upon him) sent an expedition to Najd, and I (also) went with the troops. We got camels and goats as spoils of war, and our share amounted to twelve camels per head, and the Messenger of Allah (may peace be upon him) gave an extra camel to each of us.
Book 019, Number 4333:
This hadith has been narrated on the authority of 'Ubaidullah with the same chain of transmitters.
Book 019, Number 4334:
Ibn Aun said: I wrote to Nafi' asking him about Nafl (spoils of war) and be wrote to me that Ibn 'Umar was among that expedition. (The rest of the hadith is the same.)
Book 019, Number 4335:
A hadith has been narrated by Salim who learnt it from his father and said: The Messenger of Allah (may peace be upon him) gave us an extra (camel) besides our share of Khums; (and in this extra share) I got a Sharif (and a Sharif is a big old camel).
Book 019, Number 4336:
Ibn Shihab reported: It reached me through Ibn Umar that Allah's Messenger (may peace be upon him) gave a share of spoils to the troop. The rest of the hadith is the same.
Book 019, Number 4337:
It has been narrated on the authority of Abdullah b. 'Umar that the Messenger of Allah (may peace be upon him) used to give (from the spoils of war) to small troops seat on expeditions something more than the due share of each fighter in a large force. And Khums (one-fifth of the total spoils) was to be reserved (for Allah and His Apostle) in all cases.
Book 019, Number 4338:
Abu Muammad al-Ansari, who was the close companion of Abu Qatada. narrated the hadith (which follows).
Book 019, Number 4339:
Abu Muhammad, the freed slave of Abu Qatada reported on the authority of Abu Qatda and narrated the hadith.
Chapter 13: REGARDING THE RIGHT OF THE FIGHTER TO THE BELONGINGS OF THE ONE KILLED BY HIM IN THE FIGHT
Book 019, Number 4340:
Abu Qatada reported: We accompanied the Messenger of Allah (my peace be upon him) on an expedition in the year of the Battle of Hunain. When we encountered the enemy, (some of the Muslims turned back (in fear). I saw that a man from the polytheists overpowered one of the Muslims. I turned round and attacked him from behind giving a blow between his neck and shoulder. He turned towards me and grappled with me in such a way that I began to see death staring me in the face. Then death overtook him and left me alone. I joined 'Umar b. al-Khattab who was saying: What has happened to the people (that they are retreating)? I said: It is the Decree of Allah. Then the people returned. (The battle ended in a victory for the Muslims) and the Messenger of Allah (may peace be upon him) sat down (to distribute the spoils of war). He said: One who has killed an enemy and can bring evidence to prove it will get his belongings. So I stood up and said: Who will give evidence for me? Then I sat down. Then he (the Holy Prophet) said like this. I stood up (again) and said: Who will bear witness for me? He (the Holy Prophet) made the same observation the third time, and I stood up (once again). Now the Messenger of Allah (may peace be upon him) said: What has happened to you, O Abu Qatada? Then I related the (whole) story, to him. At this, one of the people said: He has told the truth. Messenger of Allah 1 The belongings of the enemy killed by him are with me. Persuade him to forgo his right (in my favour). (Objecting to this proposal) Abu Bakr said: BY Allah, this will not happen. The Messenger of Allah (may peace be upon him) will not like to deprive one of the lions from among the lions of Allah who fight in the cause of Allah and His Messenger and give thee his share of the booty. So the Messenger of Allah (may peace he upon him) said: He (Abu Bakr) has told the truth, and so give the belongings to him (Abu Qatada). So he gave them to me. I sold the armour (which was a part of my share of the booty) and bought with the sale proceeds a garden in the street of Banu Salama. This was the first property I acquired after embracing Islam.
In a version of the hadith narrated by Laith, the words uttered by Abu Bakr are:" No, never! He will not give it to a fox from the Quraish leaving aside a lion from the lions of Allah among...." And the hadith is closed with the words:" The first property I acquired."
Book 019, Number 4341:
It has been narrated on the authority of 'Abd al-Rahman b. Auf who said: While I was standing in the battle array on the Day of Badr, I looked towards my right and my left, and found myself between two boys from the Ansar quite young in age. I wished I were between stronger persons. One of them made a sign to me and. said: Uncle, do you recognise Abu Jahl? 1 said: Yes. What do you want to do with him, O my nephew? He said: I have been told that he abuses the Messenger of Allah (may peace be upon him). By Allah, in Whose Hand is my life, if I see him (I will grapple with him) and will not leave him until one of us who is destined to die earlier is killed. The narrator said: I wondered at this. Then the other made a sign to me and said similar words. Soon after I saw Abu Jahl. He was moving about among men. I said to the two boys: Don't you see? He is the man you were inquiring about. (As soon as they heard this), they dashed towards him, struck him with their swords until he was killed. Then they returned to the Messenger of Allah (may peace be upon him) and informed him (to this effect). He asked: Which of you has killed him? Each one of them said: I have killed him. He said: Have you wiped your swords? They said: No. He examined their swords and said: Both of you have killed him. He then decided that the belongings of Abu Jahl he handed over to Mu'adh b. Amr b. al-Jamuh. And the two boys were Mu'adh b. Amr b. Jawth and Mu'adh b. Afra.
Book 019, Number 4342:
Auf b. Malik has narrated that a man from the Himyar tribe killed an enemy and wanted to take the booty. Khalid b. Walid, who was the commander over them, forbade, him. 'Auf b Malik (the narrator) came to the Messenger of Allah (may peace be upon him) and informed him (to this effect). The latter asked Khalid: What prevented you from giving the booty to him? Khalid said: I thought it was too much. He (the Holy Prophet) said: Hand it over to him. Now when Khalid by Auf, the latter pulled him by his cloak and said (by way of chafing him): Hasn't the same thing happened what I reported to you from the Messenger of Allah (may peace he upon him)? When the Messenger of Allah (may peace be upon him) heard it. he was angry (and said): Khalid, don't give him, Khalid, don't give him. Are you going to desert the commanders appointed by roe? Your similitude and theirs is like a person who took camels and sheep for grazing. He grazed them and when it was time for them to have a drink, he brought them to a pool. So they drank from it, drinking away its clear water and leaving the turbid water below So the clear water (i. e. the best reward) is for you and the turbid water (i e. blame) is for them.
Book 019, Number 4343:
It has been narrated on the authority of Auf b. Malik al-Ashja'i who said: I joined the expedition that marched under Zaid b. Haritha to Muta, and I received reinformcement from the Yemen. (After this introduction), the narrator narrated the tradition that had gone before except that in his version Auf was reported to have said (to Khalid): Khalid, didn't you know that the Messenger of Allah (way peace be upon him) had decided In favour of giving the booty (sized from an enemy) to one who killed him? He (Khalid) said: Yes. but I thought it was too much.
Book 019, Number 4344:
It has been reported by Salama b. al-Akwa': We fought the Battle of Hawazin along with the Messenger of Allah (may peace be upon him). (One day) when we were having our breakfast with the Messenger of Allah (may peace he upon him), a man came riding a red camel. He made it kneel down, extracted a strip of leather from its girth and tethered the camel with it. Then he began to take food with the people and look (curiously around). We were in a poor condition as some of us were on foot (being without any riding animals). All of a sudden, he left us hurriedy, came to his camel, untethered it, made it kneel down, mounted it and urged the beast which ran off with him. A man on a brown rhe-camel chased him (taking him for a spy). Salama (the narrator) said: I followed on foot. I ran on until I was near the thigh of the she-camel. I advanced further until I was near the haunches of the camel. I advanced still further until I caught hold of the nosestring of the camel. I made it kneel down. As soon as it placed its knee on the ground, I drew my sword and struck at the head, of the rider who fell down. I brought the camel driving it along with the man's baggage and weapons. The Messenger of Allah (may peace be upon him) came forward to meet me and the people were with him. He asked: Who has killed the man? The people said: Ibn Akwa'. He said: Everything of the man is for him (Ibn Akwa').
Chapter 14: ADDITIONAL AWARD TO THE FIGHTERS AND REPATRIATION OF THE ENEMY PRISONERS AS A RANSOM FOR THE MUSLIMS
Book 019, Number 4345:
It has been narrated on the authority of Salama (b. al-Akwa') who said: We fought against the Fazara and Abu Bakr was the commander over us. He had been appointed by the Messenger oi Allah (may peace be upon him). When we were onlv at an hour's distance from the water of the enemy, Abu Bakr ordered us to attack. We made a halt during the last part of the night tor rest and then we attacked from all sides and reached their watering-place where a battle was fought. Some of the enemies were killed and some were taken prisoners. I saw a group of persons that consisted of women and children. I was afraid lest they should reach the mountain before me, so I shot an arrow between them and the mountain. When they saw the arrow, they stopped. So I brought them, driving them along. Among them was a woman from Banu Fazara. She was wearing a leather coat. With her was her daughter who was one of the prettiest girls in Arabia. I drove them along until I brought them to Abu Bakr who bestowed that girl upon me as a prize. So we arrived in Medina. I had not yet disrobed her when the Messenger of Allah (may peace be upon him) met me in the street and said: Give me that girl, O Salama. I said: Messenger of Allah, she has fascinated me. I had not yet disrobed her. When on the next day. the Messenger of Allah (may peace be upon him) ag;tin met me in the street, he said: O Salama, give me that girl, may God bless your father. I said: She is for you. Messenger of Allah! By Allah. I have not yet disrobed her. The Messenger of Allah (may peace be upon him) sent her to the people of Mecca, and surrendered her as ransom for a number of Muslims who had been kept as prisoners at Mecca.
Chapter 15: FAI' (PROPERTY TAKEN FROM THE ENEMY WITHOUT A FORMAL WAR)
Book 019, Number 4346:
It has been narrated on the authority of Abu Huraira that the Messenger of Allah (may peace be upon him) said: If you come to a township (which has surrendered without a formal war) and stay therein, you have a share (that will be in the form of an award) in (the properties obtained from) it. If a township disobeys Allah and His Messenger (and actually fights against the Muslims) one-fifth of the booty seized therefrom is for Allah and His Apostle and the rest is for you.
Book 019, Number 4347:
It has been narrated on the authority of Umar, who said: The properties abandoned by Banu Nadir were the ones which Allah bestowed upon His Apostle for which no expedition was undertaken either with cavalry or camelry. These properties were particularly meant for the Holy Prophet (may peace be upon him). He would meet the annual expenditure of his family from the income thereof, and would spend what remained for purchasing horses and weapons as preparation for Jihad.
Book 019, Number 4348:
This hadith has been narrated on the authority of Zuhri.
Book 019, Number 4349:
It is reported by Zuhri that this tradition was narrated to him by Malik b. Aus who said: Umar b. al-Khattab sent for me and I came to him when the day had advanced. I found him in his house sitting on his bare bed-stead, reclining on a leather pillow. He said (to me): Malik, some people of your tribe have hastened to me (with a request for help). I have ordered a little money for them. Take it and distribute it among them. I said: I wish you had ordered somebody else to do this job. He said: Malik, take it (and do what you have been told). At this moment (his man-servant) Yarfa' came in and said: Commander of the Faithful, what do you say about Uthman, Abd al-Rabman b. 'Auf, Zubair and Sa'd (who have come to seek an audience with you)? He said: Yes, and permitted them. so they entered. Then he (Yarfa') came again and said: What do you say about 'Ali and Abbas (who are present at the door)? He said: Yes, and permitted them to enter. Abbas said: Commander of the Faithful, decide (the dispute) between me and this sinful, treacherous, dishonest liar. The people (who were present) also said: Yes. Commander of the Faithful, do decide (the dispute) and have mercy on them. Malik b. Aus said: I could well imagine that they had sent them in advance for this purpose (by 'Ali and Abbas). 'Umar said: Wait and be patient. I adjure you by Allah by Whose order the heavens and the earth are sustained, don't you know that the Messenger of Allah (may peace be upon him) said:" We (prophets) do not have any heirs; what we leave behind is (to be given in) charity"? They said: Yes. Then he turned to Abbas and 'Ali and said: I adjure you both by Allah by Whose order the heavens and earth are sustained, don't you know that the Messenger of Allah (may peace be upon him) said:" We do not have any heirs; what we leave behind is (to be given in) charity"? They (too) said: Yes. (Then) Umar said: Allah, the Glorious and Exalted, had done to His Messenger (may peace be upon him) a special favour that He has not done to anyone else except him. He quoted the Qur'anic verse:" What Allah has bestowed upon His Apostle from (the properties) of the people of township is for Allah and His Messenger". The narrator said: I do not know whether he also recited the previous verse or not. Umar continued: The Messenger of Allah (may peace be upon him) distrbuted among you the properties abandoned by Banu Nadir. By Allah, he never preferred himself over you and never appropriated anything to your exclusion. (After a fair distribution in this way) this property was left over.
The Messenger of Allah (may peace be upon him) would meet from its income his annual expenditure, and what remained would be deposited in the Bait-ul-Mal. (Continuing further) he said: I adjure you by Allah by Whose order the heavens and the earth are sustained. Do you know this? They said: Yes. Then he adjured Abbas and 'All as he had adjured the other persons and asked: Do you both know this? They said: Yes. He said: When the Messenger of Allah (may peace be upon him) passed away, Abu Bakr said:" I am the successor of the Messenger of Allah (may peace be upon him)." Both of you came to demand your shares from the property (left behind by the Messenger of Allah). (Referring to Hadrat 'Abbas), he said: You demanded your share from the property of your nephew, and he (referring to 'Ali) demanded a share on behalf of his wife from the property of her father. Abu Bakr (Allah be pleased with him) said: The Messenger of Allah (may peace be upon him) had said:" We do not have any heirs; what we leave behind is (to be given in) charity." So both of you thought him to be a liar, sinful, treacherous and dishonest. And Allah knows that he was true, virtuous, well-guided and a follower of truth. When Abu Bakr passed away and (I have become) the successor of the Messenger of Allah (may peace be upon him) and Abu Bakr (Allah be pleased with him), you thought me to be a liar, sinful, treacherous and dishonest. And Allah knows that I am true, virtuous, well-guided and a follower of truth. I became the guardian of this property. Then you as well as he came to me. Both of you have come and your purpose is identical. You said: Entrust the property to us. I said: If you wish that I should entrust it to you, it will be on the condition that both of you will undertake to abide by a pledge made with Allah that you will use it in the same way as the Messenger of Allah (may peace be upon him) used it. So both of you got it. He said: Wasn't it like this? They said: Yes. He said: Then you have (again) come to me with the request that I should adjudge between you. No, by Allah. I will not give any other judgment except this until the arrival of the Doomsday. If you are unable to hold the property on this condition, return it to me.
Book 019, Number 4350:
The same hadith has been narrated by a different chain of transmitters with a slight variation in wording: 'Umar b. al-Khattab sent for me and said: Some families from your tribe have come to me (then follows the foregoing hadith) by Malik with the difference that the Messenger of Allah (may peace be upon him) would spend on his family for a year. And sometimes Ma'mar said: He would retain sustenance for his family for a year, and what was left of that he spent in the cause of Allah, the Majestic and Exalted.
Chapter 16: THE SAYING OF THE PROPHET (MAY PEACE BE UPON HIM):" WE (PROPHETS) DO NOT HAVE ANY HEIRS; WHAT WE LEAVE BEHIND IS (TO BE GIVEN IN) CHARITY"
Book 019, Number 4351:
It is narrated on the authority of 'A'isha who said: When the Messenger of Allah (may peace be upon him) passed away, his wives made up their minds to send 'Uthman b. 'Affan (as their spokesman) to Abu Bakr to demand from him their share from the legacy of the Holy Prophet (may peace be upon him). (At this), A'isha said to them: Hasn't the Messenger of Allah (may peace be upon him) said:" We (Prophets) do not have any heirs; what we leave behind is (to be given in) charity"?
Book 019, Number 4352:
It is narrated on the authority of Urwa b. Zubair who narrated from A'isha that she informed him that Fatima, daughter of the Messenger of Allah (may peace be upon him), sent someone to Abu Bakr to demand from him her share of the legacy left by the Messenger of Allah (may peace be upon him) from what Allah had bestowed upon him at Medina and Fadak and what was left from one-filth of the income (annually received) from Khaibar. Abu Bakr said: The Messenger of Allah (may peace be upon him) said:" We (prophets) do not have any heirs; what we leave behind is (to be given in) charity." The household of the Messenger of Allah (may peace be upon him) will live on the income from these properties, but, by Allah, I will not change the charity of the Messenger of Allah (may peace be upon him) from the condition in which it was in his own time. I will do the same with it as the Messenger of Allah (may peace be upun him) himself used to do. So Abu Bakr refused to hand over anything from it to Fatima who got angry with Abu Bakr for this reason. She forsook him and did not talk to him until the end of her life. She lived for six months after the death of the Messenger of Allah (may peace be upon him). When she died, her husband. 'Ali b. Abu Talib, buried her at night. He did not inform Abu Bakr about her death and offered the funeral prayer over her himself. During the lifetime of Fatima, 'All received (special) regard from the people. After she had died, he felt estrangement in the faces of the people towards him. So he sought to make peace with Abu Bakr and offer his allegiance to him. He had not yet owed allegiance to him as Caliph during these months. He sent a person to Abu Bakr requesting him to visit him unaccompanied by anyone (disapproving the presence of Umar). 'Umar said to Abu Bakr: BY Allah, you will not visit them alone. Abu Bakr said: What will they do to me? By Allah, I will visit them. And he did pay them a visit alone. 'All recited Tashahhud (as it is done in the beginning of a religious sermon) ; then said: We recognise your moral excellence and what Allah has bestowed upon you. We do not envy the favour (i. e. the Catiphate) which Allah nas conferred upon you; but you have done it (assumed the position of Caliph) alone (without consulting us), and we thought we had a right (to be consulted) on account of our kinship with the Messenger of Allah (may peace be upon him). He continued to talk to Abu Bakr (in this vein) until the latter's eyes welled up with tears. Then Abd Bakr spoke and said: By Allah, in Whose Hand is my life, the kinship of the Messenger of Allah (may peace be upon him) is dearer to me than the kinship of my own people. As regards the dispute that has arisen between you and me about these properties, I have not deviated from the right course and I have not given up doing about them what the Messenger of Allah (may peace be upon him) used to do. So 'Ali said to Abu Bakr: This aftetnoon is (fixed) for (swearing) allegiance (to you). So when Abu Bakr had finished his Zuhr prayer, he ascended the pulpit and recited Tashahhud, and described the status of 'Ali, his delay in swearing allegiance and the excuse which lie had offered to him (for this delay). (After this) he asked for God's forgiveness. Then 'Ali b. Abu Talib recited the Tashahhud. extolled the merits of Abu Bakr and (said that) his action was nott prompted by any jealousy of Abu Bakr on his part or his refusal to accept the high position which Allah had conferred upon him, (adding: ) But we were of the opinion that we should have a share in the government, but the matter had been decided without taking us into confidence, and this displeased us. (Hence the delay in offering allegiance. The Muslims were pleased with this (explanation) and they said: You have done the right thing. The Muslims were (again) favourably inclined to 'Ali since he adopted the proper course of action.
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