A maternal uncle of mine called AbuBurdah sacrificed before the prayer (for 'Id). The Messenger of Allah (ﷺ) said: Your goat is meant for flesh. He said: Messenger of Allah, I have a domestic kid with me. He said: Sacrifice it, but it is not valid for any man other than you.
I asked al-Bara' ibn Azib: What should be avoided in sacrificial animals? He said: The Messenger of Allah (ﷺ) stood among us, and my fingers are smaller than his fingers, and my fingertips are smaller than his fingertips. He said (pointing with his fingers): Four (types of animals) should be avoided in sacrifice: A One-eyed animal which has obviously lost the sight of one eye, a sick animal which is obviously sick, a lame animal which obviously limps and an animal with a broken leg with no marrow. I also detest an animal which has defective teeth. He said: Leave what you detest, but do not make it illegal for anyone.
Abu Dawud said: (By a lean animal mean) and animal which has no marrow.
I came to Utbah ibn AbdusSulami and said: AbulWalid, I went out seeking sacrificial animals. I did not find anything which attracted me except an animal whose teeth have fallen. So I abominated it. What do you say (about it)? He said: Why did you not bring it to me? He said: Glory be to Allah: Is if lawful for you and not lawful for me? He said: Yes, you doubt and I do not doubt. The Messenger of Allah (ﷺ) has forbidden an animal whose ear has been uprooted so much so that its hole appears (outwardly), and an animal whose horn has broken from the root, and an animal which has totally lost the sight of its eye, and an animal which is so thin and weak that it cannot go with the herd, and an animal with a broken leg.
The Messenger of Allah (ﷺ) enjoined upon us to pay great attention to the eye and both ears, and not to sacrifice a one-eyed animal, and an animal with a slit which leaves something hanging at the front or back of the ear, or with a lengthwise slit with a perforation in the ear. I asked AbuIshaq: Did he mention an animal with broken horns and uprooted ears? He said: No. I said: 'What is the Muqabalah ?' He replied: 'It has been cut from the back of its ear.' I said: 'What about the Sharqa'? He replied: 'The ear has been split.' I said: 'What about the Kharqa'? He replied: 'A hole is made (in its ears) as a distinguishing mark.'"
The Prophet (ﷺ) prohibited to sacrifice an animal with a slit ear and broken horn.
Abu Dawud said: The narrator Jurayy (b. Kulaib) is Sadusi, and belongs to Basrah. No one narrated traditions from him except Qatadah.
حَدَّثَنَا قُتَيْبَةُ بْنُ سَعِيدٍ، حَدَّثَنَا يَعْقُوبُ، - يَعْنِي الإِسْكَنْدَرَانِيَّ - عَنْ عَمْرٍو، عَنِ الْمُطَّلِبِ، عَنْ جَابِرِ بْنِ عَبْدِ اللَّهِ، قَالَ شَهِدْتُ مَعَ رَسُولِ اللَّهِ صلى الله عليه وسلم الأَضْحَى بِالْمُصَلَّى فَلَمَّا قَضَى خُطْبَتَهُ نَزَلَ مِنْ مِنْبَرِهِ وَأُتِيَ بِكَبْشٍ فَذَبَحَهُ رَسُولُ اللَّهِ صلى الله عليه وسلم بِيَدِهِ وَقَالَ
" بِسْمِ اللَّهِ وَاللَّهُ أَكْبَرُ هَذَا عَنِّي وَعَمَّنْ لَمْ يُضَحِّ مِنْ أُمَّتِي " .
I witnessed sacrificing along with the Messenger of Allah (ﷺ) at the place of prayer. When he finished his sermon, he descended from his pulpit, and a ram was brought to him. The Messenger of Allah (ﷺ) slaughtered it with his hand, and said: In the name of Allah, Allah, is Most Great. This is from me and from those who did not sacrifice from my community.
حَدَّثَنَا الْقَعْنَبِيُّ، عَنْ مَالِكٍ، عَنْ عَبْدِ اللَّهِ بْنِ أَبِي بَكْرٍ، عَنْ عَمْرَةَ بِنْتِ عَبْدِ الرَّحْمَنِ، قَالَتْ سَمِعْتُ عَائِشَةَ، تَقُولُ دَفَّ نَاسٌ مِنْ أَهْلِ الْبَادِيَةِ حَضْرَةَ الأَضْحَى فِي زَمَانِ رَسُولِ اللَّهِ صلى الله عليه وسلم فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " ادَّخِرُوا الثُّلُثَ وَتَصَدَّقُوا بِمَا بَقِيَ " . قَالَتْ فَلَمَّا كَانَ بَعْدَ ذَلِكَ قِيلَ لِرَسُولِ اللَّهِ صلى الله عليه وسلم يَا رَسُولَ اللَّهِ لَقَدْ كَانَ النَّاسُ يَنْتَفِعُونَ مِنْ ضَحَايَاهُمْ وَيَجْمُلُونَ مِنْهَا الْوَدْكَ وَيَتَّخِذُونَ مِنْهَا الأَسْقِيَةَ . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " وَمَا ذَاكَ " . أَوْ كَمَا قَالَ قَالُوا يَا رَسُولَ اللَّهِ نَهَيْتَ عَنْ إِمْسَاكِ لُحُومِ الضَّحَايَا بَعْدَ ثَلاَثٍ . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " إِنَّمَا نَهَيْتُكُمْ مِنْ أَجْلِ الدَّافَّةِ الَّتِي دَفَّتْ عَلَيْكُمْ فَكُلُوا وَتَصَدَّقُوا وَادَّخِرُوا " .
Some people of desert came at the time of sacrifice in the time of Apostle of Allah (ﷺ). The Messenger of Allah (ﷺ) said: Store up for three days and give the rest as sadaqah (alms). After than the people said to the Messenger of Allah (ﷺ): Messenger of Allah, the people used to benefit from their sacrifices, take and dissolve fat from them, and make water-bags (from their skins). The Messenger of Allah (ﷺ) said: What is that ? or whatever he said: They said: Messenger of Allah (ﷺ), you have prohibited to preserve the meat of sacrifice after three days. The Messenger of Allah (ﷺ) said: I prohibited you due to a body of people who came to you. Now eat, give it as sadaqah (alms), and store up.
The Prophet (ﷺ) said: We forbade you to eat their meat for more than three days in order that you might have abundance; now Allah has produced abundance, so you may eat, store up and seek reward. Beware, these days are days of eating, drinking and remembrance of Allah, Most High.
The Messenger of Allah (ﷺ) sacrificed during a journey and then said: Thawban, mend the meat of this goat. I then kept on supplying its meat until we reached Medina.
There are two characteristics that I heard the Messenger of Allah (ﷺ) say: Allah has decreed that everything should be done in a good way, so when you kill use a good method. The version of the narrators other than Muslim says: "So kill in a good manner." And when you slaughter, you should use a good method, for one of you should sharpen his knife, and give the animal as little pain as possible.
حَدَّثَنَا أَبُو الْوَلِيدِ الطَّيَالِسِيُّ، حَدَّثَنَا شُعْبَةُ، عَنْ هِشَامِ بْنِ زَيْدٍ، قَالَ دَخَلْتُ مَعَ أَنَسٍ عَلَى الْحَكَمِ بْنِ أَيُّوبَ فَرَأَى فِتْيَانًا أَوْ غِلْمَانًا قَدْ نَصَبُوا دَجَاجَةً يَرْمُونَهَا فَقَالَ أَنَسٌ نَهَى رَسُولُ اللَّهِ صلى الله عليه وسلم أَنْ تُصْبَرَ الْبَهَائِمُ .
I entered upon al-Hakam b. Ayyub along with Anas. He saw some youths or boys who had set up a hen and shooting at it. Anas said: The Messenger of Allah (ﷺ) forbade to kill an animal in confinement.
The verse: "So eat of (meats) on which Allah's name hath been pronounced" and the verse: "Eat not of (meats) on which Allah's name hath not been pronounced" were abrogated, meaning an exception was made therein by the verse: "The food of the people of the Book is lawful unto you and yours is lawful unto them."
explaining the verse "But the evil ones ever inspire their friend to contend with you" They used to say: Do not eat which Allah killed, but eat which you slaughtered. So Allah revealed the verse: "Eat not of (meats) on which Allah's name hath not been pronounced"...to the end of the verse.
The Jews came to the Prophet (ﷺ) and said: We eat which we kill but we do not eat which Allah kills? So Allah revealed: "Eat not of (meats) on which Allah's name hath not been pronounced." to the end of the verse.
The Messenger of Allah (ﷺ) forbade to eat (the meat of animals) slaughtered by the bedouins for vainglory and pride.
Abu Dawud said: The narrator Ghundar narrated this tradition as a saying of Ibn 'Abbas (and not of the Prophet).
حَدَّثَنَا مُسَدَّدٌ، حَدَّثَنَا أَبُو الأَحْوَصِ، حَدَّثَنَا سَعِيدُ بْنُ مَسْرُوقٍ، عَنْ عَبَايَةَ بْنِ رِفَاعَةَ، عَنْ أَبِيهِ، عَنْ جَدِّهِ، رَافِعِ بْنِ خَدِيجٍ قَالَ أَتَيْتُ رَسُولَ اللَّهِ صلى الله عليه وسلم فَقُلْتُ يَا رَسُولَ اللَّهِ إِنَّا نَلْقَى الْعَدُوَّ غَدًا وَلَيْسَ مَعَنَا مُدًى أَفَنَذْبَحُ بِالْمَرْوَةِ وَشِقَّةِ الْعَصَا فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " أَرِنْ أَوْ أَعْجِلْ مَا أَنْهَرَ الدَّمَ وَذُكِرَ اسْمُ اللَّهِ عَلَيْهِ فَكُلُوا مَا لَمْ يَكُنْ سِنًّا أَوْ ظُفْرًا وَسَأُحَدِّثُكُمْ عَنْ ذَلِكَ أَمَّا السِّنُّ فَعَظْمٌ وَأَمَّا الظُّفْرُ فَمُدَى الْحَبَشَةِ " . وَتَقَدَّمَ بِهِ سَرَعَانٌ مِنَ النَّاسِ فَتَعَجَّلُوا فَأَصَابُوا مِنَ الْغَنَائِمِ وَرَسُولُ اللَّهِ صلى الله عليه وسلم فِي آخِرِ النَّاسِ فَنَصَبُوا قُدُورًا فَمَرَّ رَسُولُ اللَّهِ صلى الله عليه وسلم بِالْقُدُورِ فَأَمَرَ بِهَا فَأُكْفِئَتْ وَقَسَمَ بَيْنَهُمْ فَعَدَلَ بَعِيرًا بِعَشْرِ شِيَاهٍ وَنَدَّ بَعِيرٌ مِنْ إِبِلِ الْقَوْمِ وَلَمْ يَكُنْ مَعَهُمْ خَيْلٌ فَرَمَاهُ رَجُلٌ بِسَهْمٍ فَحَبَسَهُ اللَّهُ فَقَالَ النَّبِيُّ صلى الله عليه وسلم " إِنَّ لِهَذِهِ الْبَهَائِمِ أَوَابِدَ كَأَوَابِدِ الْوَحْشِ فَمَا فَعَلَ مِنْهَا هَذَا فَافْعَلُوا بِهِ مِثْلَ هَذَا " .
I came to the Messenger of Allah (ﷺ) and said: Messenger of Allah, we shall meet the enemy tomorrow and we have no knives with us. May we kill with a sharp-edged white stone (flint) and with splinter of a staff ? The Messenger of Allah (ﷺ) said: Hasten in slaughtering it. When Allah's name is mentioned you may eat what is killed by anything which causes the blood to flow except tooth and claw. I shall tell you about it. The tooth is a bone, and the claw is the knife of Abyssinians. Some people hastened and went forward, they made haste and got booty, while the Messenger of Allah (ﷺ) was in the rear and they setup cooking pots. The Messenger of Allah (ﷺ) passed by over the cooking pots. He ordered to turn them over. He then divided (the spoils of war) between them, and gave them a camel for ten goats in equation. One of the camels of the people ran away, and they had no horses with them at that time. A man shot an arrow at it, and Allah prevented it from escaping. The Prophet (ﷺ) said: Among animals (i.e. camels) there are some which bolt like wild animals ; so when any of them does so, do with it like this.
A man of Banu Harith was pasturing a pregnant she-camel in one of the ravines of Uhud, (he saw that) it was about to die; he could find nothing to slaughter it; he took a stake and stabbed it in the upper part of its breast until he made its blood flow.
He then came to the Prophet (ﷺ) and informed him about that, and he ordered him to eat it.
I said: Messenger of Allah, tell me when one of us catches game and has no knife; may he slaughter with a flint and a splinter of stick. He said: Cause the blood to flow with whatever you like and mention Allah's name.
AbulUshara' reported on the authority of his father: He asked: Messenger of Allah, is the slaughtering to be done only in the upper part of the breast and the throat? The Messenger of Allah (ﷺ) replied: If you pierced its thigh, it would serve you.
Abu Dawud said: This is the way suitable for slaughtering an animal which has fallen into a well or runs loose.
Ibn Isa added: (Ibn Abbas) and AbuHurayrah said: The Messenger of Allah (ﷺ) forbade the devil's sacrifice. AbuIsa added in his version: This refers to the slaughtered animal whose skin cut off, and is then left to die without its jugular veins being severed.
I asked the Messenger of Allah (ﷺ) about the embryo. He replied: Eat it if you wish.
Musaddad's version says: we said: Messenger of Allah, we slaughter a she-camel, a cow and a sheep, and we find an embryo in its womb. Shall we throw it away or eat it? He replied: Eat it if you wish for the slaughter of its mother serves its slaughter.
(the narrator Musa did not mention the words "from 'Aishah" in his version from Hammad, and al-Qa'nabi also did not mention the word "from 'Aishah" in his version from Malik). They (the people) said: Messenger of Allah, there are people here, recent converts from polytheism, who bring us meat and we do not know whether or not they mentioned Allah's name over it. The Messenger of Allah (ﷺ) said: Mention Allah's name and eat.
A man called the Messenger of Allah (ﷺ): We used to sacrifice Atirah in pre-Islamic days during Rajab; so what do you command us? He said: Sacrifice for the sake of Allah in any month whatever; obey Allah, Most High, and feed(the people). He said: We used to sacrifice a Fara' in pre-Islamic days, so what do you command us? He said: On every pasturing animal there is a Fara' which is fed by your cattle till it becomes strong and capable of carrying load.
The narrator Nasr said (in his version): When it becomes capable of carrying load of the pilgrims, you may slaughter it and give its meat as charity (sadaqah).
The narrator Khalid's version says: You (may give it) to the travellers, for it is better. Khalid said: I asked AbuQilabah: How many pasturing animals? He replied: One hundred.
The Messenger of Allah (ﷺ) used to sacrifice goat out of every fifty goats.
Abu Dawud said: Fara' means the first baby camel born (to the Arabs). They used to sacrifice it for their idols, and then eat it, and its skin was thrown on a tree. 'Atira was a sacrifice made during the first ten days of Rajab.
I heard the Messenger of Allah (ﷺ) say: Two resembling sheep are to be sacrificed for a boy and one for a girl.
AbuDawud said: I heard Ahmad (ibn Hanbal) say: The Arabic word mukafi'atani means equal (in age) or resembling each other.
I heard the Prophet (nay peace be upon him) say: Let the birds stay in their roosts. She said: I also heard him say: Two sheep are to be sacrificed for a boy and one for a girl, but it does you no harm whether they are male or female.
The Messenger of Allah (ﷺ) said: Two sheep which resemble each other are to be sacrificed for a boy and one for a girl.
Abu Dawud said: This is a sound tradition, and the tradition narrated by Sufyan is misunderstanding.
The Prophet (ﷺ) said: A boy is in pledge for his Aqiqah. Sacrifice is made for him on the seventh day, his head is shaved and is smeared with blood.
When Qatadah was asked about smearing with blood, how that should be done, he said: When you cut the head (i.e. throat) of the animal (meant for Aqiqah), you may take a few hair of it, place them on its veins, and then place them in the middle of the head of the infant, so that the blood flows on the hair (of the infant) like a threat. Then its head may be washed and shaved off.
Abu Dawud said: In narrating the word "is smeared with blood" (yudamma) there is a misunderstanding on the part of Hammam.
Abu Dawud said: Hammam has been opposed in narrating the words "is smeared with blood". This is misunderstanding of Hammam. They narrated he word "he is given a name (yusamma) and Hammam narrated it "is smeared with blood" (yudamma).
Abu Dawud said: This tradition is not followed.
حَدَّثَنَا ابْنُ الْمُثَنَّى، حَدَّثَنَا ابْنُ أَبِي عَدِيٍّ، عَنْ سَعِيدٍ، عَنْ قَتَادَةَ، عَنِ الْحَسَنِ، عَنْ سَمُرَةَ بْنِ جُنْدُبٍ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ " كُلُّ غُلاَمٍ رَهِينَةٌ بِعَقِيقَتِهِ تُذْبَحُ عَنْهُ يَوْمَ سَابِعِهِ وَيُحْلَقُ وَيُسَمَّى " . قَالَ أَبُو دَاوُدَ وَيُسَمَّى أَصَحُّ كَذَا قَالَ سَلاَّمُ بْنُ أَبِي مُطِيعٍ عَنْ قَتَادَةَ وَإِيَاسُ بْنُ دَغْفَلٍ وَأَشْعَثُ عَنِ الْحَسَنِ . قَالَ " وَيُسَمَّى " . وَرَوَاهُ أَشْعَثُ عَنِ الْحَسَنِ عَنِ النَّبِيِّ صلى الله عليه وسلم قَالَ " وَيُسَمَّى " .
The Prophet (ﷺ) said: A boy is in pledge for his Aqiqah, Sacrifice is made for him on the seventh day, his head is shaved and he is given name.
Abu Dawud said: The word wa yusamma is sounder as narrated by Salam b. Abi Muti' from Qatadah, and narrated by Iyas b. Daghfal and Ash'ath from al-Hassan who narrated wa yusamma (and he is given a name).
On his father's authority, said that his grandfather that the Messenger of Allah (ﷺ) was asked about the aqiqah. He replied: Allah does not like the breaking of ties (uquq), as though he disliked the name. And he said: If anyone has a child born to him and wishes to offer a sacrifice on its behalf, he may offer two resembling sheep for a boy and one for a girl. And he was asked about fara'. He replied: Fara' is right. If you leave it (i.e. let it grow till it becomes a healthy camel of one year or two years, then you give it to a widow or give it in the path of Allah for using it as a riding beast, it is better than slaughtering it at the age when its meat is stuck to its hair, and you turn over your milking vessel and annoy your she-camel.
When a boy was born to one of us in the pre-Islamic period, we sacrificed a sheep and smeared his head with its blood; but when Allah brought Islam, we sacrificed a sheep, shaved his head and smeared his head with saffron.
The Prophet of Allah (ﷺ) ordered to kill dogs, and we were even killing a dog which a woman brought with her from the desert. Afterwards he forbade to kill them, saying: Confine yourselves to the type which is black.
I asked the Prophet (ﷺ) ,and said: I set off my trained dogs, and they catch (something) for me: may I eat (it)? He said: When you set off trained dogs and mention Allah's name, eat what they catch for you. I said: Even if they killed (the game)? He said: Even if they killed (the game) as long as another dog does not join it. I said: I shoot with a featherless arrow, and it strikes the target, may I eat (it) ? He said: If you shoot with a featherless arrow and mention Allah's name, and it strikes the aim, and pierce it, eat it ; and if it strikes with its middle, do not eat (it).
I asked the Messenger of Allah. I said: We hunt with these dogs. He replied: When you set off your dog and mention Allah's name over it, eat what it catches for you, even if it kills it, except that the dog has eaten (any of it); if the dog has eaten (any of it), do not eat, for Im afraid it has caught it only for itself.
The Prophet (ﷺ) as saying: When you shoot your arrow and mention Allah's name, and you find it (the game) after a day, and you do not find it in water, and you find in it only the mark of you arrow, eat (it). But if another dog joins your dogs, do not eat it, for you do not know maybe the one which was not yours has killed it.
The Prophet (ﷺ) said: Eat what ever is caught for you by a dog or a hawk you have trained and set off when you have mentioned Allah's name. I said: (Does this apply) if it killed (the animal)? He said: When it kills it without eating any of it, for it caught it only for you.
Abu Dawud said: If a hawk eats any of it, there is no harm (in eating it). If a dog eats it, it is disapproved (to eat the meat). If it drinks blood, there is no harm (in eating it).
The Messenger of Allah (ﷺ) said about the game hunted by a dog: If you set off your dog and have mentioned Allah's name, eat (it), even if it eats any of it; and eat what your hands return you.
Messenger of Allah, one of us shoots at the game, and follows its mark for two or three days, and then finds it dead, and there is his arrow (pierced) in it, may he eat it? He said: Yes, if he wishes, or he said: he may eat if he wishes.
I asked Prophet (ﷺ) about featherless arrow. He said: If it strikes with its end, eat, and if it strikes with the middle part of it, do not eat, for it died by a violent blow. I said: I set off my dog? He replies: If you mention Allah's name, eat, otherwise do not eat. If it eats any of it, do not eat, for it caught for itself. He asked: I set off my dog, and I find with it another dog ? He replied: Do not eat, because you mentioned Allah's name on your dog.
I said: Messenger of Allah, I hunt with my trained dog, and with my untrained dog? He said: 'What you hunt with your trained dog, mention Allah's names (on it) and eat; and what you hunt with your untrained dog, and you find in a position that you slaughter it, then eat.
The Messenger of Allah (ﷺ) said to me: AbuTha'labah, eat what returns to you by your bow and your dog.
Ibn Harb's version adds: "The trained (dog), and your hand, then eat, whether it has been slaughtered or not slaughtered".
There was a bedouin called AbuTha'labah. He said: Messenger of Allah, I have trained dogs, so tell me your opinion about (eating) the animal they hunt. The Prophet (ﷺ) said: If you have trained dogs, then eat what they catch for you. He asked: Whether it is slaughtered or not? He replied: Yes. He asked: Does it apply even if it eats any of it? He replied: Even if it eats any of it. He again asked: Messenger of Allah, tell me your opinion about my bow (i.e. the game hunted by arrow). He said: Eat what your bow returns to you, whether it is slaughtered or not. He asked: If it goes out of my sight? He replied: Even if it goes out of your sight, provided it has no stench, or you find a mark on it other than the mark of your arrow.
He asked: Tell me about the use of the vessels of the Magians when we are forced to use them. He replied: Wash them and eat in them.
حَدَّثَنَا مُسَدَّدٌ، حَدَّثَنَا يَحْيَى، عَنْ سُفْيَانَ، حَدَّثَنِي أَبُو مُوسَى، عَنْ وَهْبِ بْنِ مُنَبِّهٍ، عَنِ ابْنِ عَبَّاسٍ، عَنِ النَّبِيِّ صلى الله عليه وسلم - وَقَالَ مَرَّةً سُفْيَانُ وَلاَ أَعْلَمُهُ إِلاَّ عَنِ النَّبِيِّ صلى الله عليه وسلم - وَقَالَ
" مَنْ سَكَنَ الْبَادِيَةَ جَفَا وَمَنِ اتَّبَعَ الصَّيْدَ غَفَلَ وَمَنْ أَتَى السُّلْطَانَ افْتُتِنَ " .
The Prophet (ﷺ) said: (the narrator Sufyan said: I do not know but that it [the tradition] has been transmitted from the Prophet (ﷺ): He who lives in the desert will become rude; he who pursues the game will be negligent, and he who visits a king will be perverted.
The Prophet (ﷺ) said: He said: He who sticks to a king is perverted. This version adds: The nearer a servant (of Allah) goes to a king, the farther he keeps away from Allah.
The Prophet (ﷺ) said: When you shoot your arrow (and the animal goes out of your sight) and you come three days later on it, and in it there is your arrow, then eat provided it has not stench.
The Messenger of Allah (ﷺ) as saying: It is the duty of a Muslim man who has something which is to be given as bequest not to have it for two nights without having his will written regarding it.
On the authority of his father (Sa'd b. Abi Waqqas): When he (Sa'd) fell ill at Mecca (according to the version of Ibn Abi Kkalaf) - then the agreed version has: which brought him near to death - the Messenger of Allah (ﷺ) went to visit him. He said: Messenger of Allah, I have a large amount of property, and my daughter is my only heir. May I give two-thirds (of my property) as a sadaqah (charity)? He said: No. He asked: Then a half ? He replied: No. He asked: Then one-third ? He replied: (You may will away) a third and third is a lot. To leave your heirs rich is better than to leave them poor begging from people. You will not spend anything, seeking thereby to please Allah, without being rewarded for it, even the mouthful you give your wife. I said: Messenger of Allah, shall I be left behind form immigration (to Medina)? He said: If you remain behind after me and do good works seeking the pleasure of Allah, your rank will be raised and degree increased. Perhaps you will not remain behind, and some people will benefit from you and others will be harmed by you. He then said: O Allah, complete the immigration of my Companions and do not turn them back. But miserable was Sa'd b. Khawlah. The Messenger of Allah (ﷺ) lamented on him as he died at Mecca.
A man asked the Messenger of Allah (ﷺ): Messenger of Allah, which sadaqah (charity) is the best ? He replied: (The best sadaqah is) that you give something as sadaqah (charity) when you are healthy, greedy, expect survival and fear poverty, and not that you postpone it until your death. and then you say: For so-and-so is such-and-such, and for so-and-so is such-and-such, while it was already for so-and-so.
The Prophet (ﷺ) said: A man giving a dirham as sadaqah (charity) during his life is better than giving one hundred dirhams as sadaqah (charity) at the moment of his death.
The Prophet (ﷺ) said: A man or a woman acts in obedience to Allah for sixty years, then when they are about to die they cause injury by their will, so they must go to Hell. Then AbuHurayrah recited: "After a legacy which you bequeath or a debt, causing no injury...that will be the mighty success.
Abu Dawud said: Al-Ash'ath b. Jabir is the grandfather of Nasr b. 'Ali.
The Messenger of Allah (ﷺ) said to me: Abu Dharr, I see you weak, and I like for you what I like for myself. Do not be a leader of two (persons), and do not be a guardian of an orphan.
Abu Dawud said: This has been narrated only by the people of Egypt.
The Qur'anic verse goes: "(It is prescribed when death approaches any of you), if he leaves any goods, that he may bequest to parents and next to kin." The bequest was made in this way until the verse of inheritance repealed it.
When Allah, Most High, revealed the verses: "Come not nigh to the orphan's property except to improve it". And "Those who unjustly eat up the property of orphans", everyone who had an orphan with him went and separated his food from his (orphan's) food, and his drink from his drink, and began to detain the remaining food which he (the orphan) himself ate or spoiled.
This fell heavy on them, and they mentioned this to the Messenger of Allah (ﷺ). So Allah, Most High, revealed the verse: "They ask thee concerning orphans. Say: The best thing to do is what is for their good; if ye mix their affairs with yours, they are your brethren." Then they mixed their food with his food and their drink with his drink.
On his father's authority, said that his grandfather told that a man came to the Prophet (ﷺ) and said: I am poor, I have nothing (with me), and I have an orphan. He said: Use the property of your orphan without spending it lavishly, hurrying and taking it as your own property.
I memorised (a tradition) from the Messenger of Allah (ﷺ): There is no orphanhood after puberty, and there is no silence for the whole day till the night.
The Messenger of Allah (ﷺ) as saying: Refrain from seven (characteristics) which cause destruction. He was asked: What are they, Messenger of Allah ? He replied: To assign partner to Allah, magic, to kill a soul (man) which is prohibited by Allah except for which is due, to take usury, to consume the property of an orphan, to retreat on the day of the battle, and to slander chaste women, indiscreet but believing.
Abu Dawud said: The name Abu al-Ghaith is Salim client of Ibn Muti'.
A man asked him (the Prophet): Messenger of Allah, what are the grave sins? He replied: They are nine. He then mentioned the tradition to the same effect. This version adds: "And disobedience to the Muslim parents, and to violate the sacred House, your qiblah (direction of prayer), in your life and after death.
Mus'ab b. 'Umar was killed at the battle of Uhud, and for him only a coarse cloth would be found as shroud. When we covered his head, his feet showed, and when we covered his feet, his head showed. So the Messenger of Allah (ﷺ) said: Cover his head with it (cloth), and put some rushes over his feet.
A woman came to the Messenger of Allah (ﷺ) and said: I donated my slave-girl to my mother, but she died and left the slave-girl. He said: Your reward became due, and she came back to you in inheritance. She said: She died while a month's fasting was due from her. Would it be sufficient or be taken as completed if I fast on her behalf ? He said: Yes. She said: She also did not perform Hajj. Would it be sufficient or be taken completed if I perform (Hajj) on her behalf ? He said: Yes.
'Umar got some land in Khaibar, and when to the Prophet (ﷺ) and said: I have acquired land in Khaibar which I consider to be more valuable than any I have acquired ; so what do you command me to do with it ? He replied: If you wish, you may make the property as inalienable possession, and give its produce as sadaqah (charity). So 'Umar gave it as a sadaqah declaring that the property must not be sold, given away, or inherited : (and gave its produce as sadaqah to be devoted) to poor, relatives, the emancipation of slaves, Allah's path, travellers. The narrator Bishr added: "and guests". Then the agreed version goes: No sin being committed by the one who administers it if he eats something from it in a reasonable manner, or gives something to a friend, who does not make his own property. The narrator Bishr added: "(provided) he is not storing-up goods (for himself)".
'Abd al-Hamid b. Abd 'Allah b. 'Abd Allah b. 'Umar b. al-Khattab copied to me a document about the religious endowment (waqf) made by 'Umar b. al-Khattab : In the name of Allah, the Compassionate, the Merciful. This is what Allah's servant 'Umar has written about Thamgh. He narrated the tradition like the one transmitted by Nafi'. He added: "provided he is not storing up goods (for himself)". The surplus fruit will be devoted to the beggar and the deprived. He then went on with the tradition, saying: If the man in charge of Thamgh wishes to buy a slave for his work for its fruits (by selling them), he may do so. Mu'iqib penned it and 'Abd Allah b. al-Arqam witnessed it : In the name of Allah, the Compassionate, the Merciful. This is what Allah's servant 'Umar , Commander of Faithful, directed, in case of some incident happens to him (i.e. he dies), that Thamg, Sirmah b. al-Akwa', the servant who is there, the hundred shares in (the land of) Khaibr, the servant who is there and the hundred sahres which Muhammad (ﷺ) had donated to me in the valley (nearly) will remain in the custody of Hafsah during her life, then the men of opinion from her family will be in charge of these (endowments), that these will neither be sold not purchased, spending (its produce) where they think (necessary on the beggar, deprived and relatives). There is no harm to the one in charge (of this endowment) if he eats himself, or feeds, or buys slaves with it.
The Messenger of Allah (ﷺ) as saying: When a man dies, his action discontinues from him except three things, namely, perpetual sadaqah (charity), or the knowledge by which benefit is acquired, or a pious child who prays for him.
A woman said: Messenger of Allah, my mother suddenly died; if it had not happened, she would have given sadaqah (charity) and donated (something). Will it suffice if I give sadaqah on her behalf? The Prophet (ﷺ) said: Yes, give sadaqah on her behalf.
A man said: Messenger of Allah, my mother has died ; will it benefit her if I give sadaqah on her behalf ? He said: Yes. He said: I have a garden, and I call you to witness that I have given it as sadaqah on her behalf.
حَدَّثَنَا الْعَبَّاسُ بْنُ الْوَلِيدِ بْنِ مَزْيَدٍ، أَخْبَرَنِي أَبِي، حَدَّثَنَا الأَوْزَاعِيُّ، حَدَّثَنِي حَسَّانُ بْنُ عَطِيَّةَ، عَنْ عَمْرِو بْنِ شُعَيْبٍ، عَنْ أَبِيهِ، عَنْ جَدِّهِ، أَنَّ الْعَاصَ بْنَ وَائِلٍ، أَوْصَى أَنْ يُعْتَقَ، عَنْهُ مِائَةُ رَقَبَةٍ فَأَعْتَقَ ابْنُهُ هِشَامٌ خَمْسِينَ رَقَبَةً فَأَرَادَ ابْنُهُ عَمْرٌو أَنْ يَعْتِقَ عَنْهُ الْخَمْسِينَ الْبَاقِيَةَ فَقَالَ حَتَّى أَسْأَلَ رَسُولَ اللَّهِ صلى الله عليه وسلم فَأَتَى النَّبِيَّ صلى الله عليه وسلم فَقَالَ يَا رَسُولَ اللَّهِ إِنَّ أَبِي أَوْصَى بِعِتْقِ مِائَةِ رَقَبَةٍ وَإِنَّ هِشَامًا أَعْتَقَ عَنْهُ خَمْسِينَ وَبَقِيَتْ عَلَيْهِ خَمْسُونَ رَقَبَةً أَفَأُعْتِقُ عَنْهُ فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم
" إِنَّهُ لَوْ كَانَ مُسْلِمًا فَأَعْتَقْتُمْ عَنْهُ أَوْ تَصَدَّقْتُمْ عَنْهُ أَوْ حَجَجْتُمْ عَنْهُ بَلَغَهُ ذَلِكَ " .
On his father's authority, said that his grandfather told that Al-'As ibn Wa'il left his will that a hundred slaves should be emancipated on his behalf. His son Hisham emancipated fifty slaves and his son Amr intended to emancipate the remaining fifty on his behalf, but he said: I should ask first the Messenger of Allah (ﷺ). He, therefore, came to the Prophet (ﷺ) and said: Messenger of Allah, my father left in his will that a hundred slaves should be emancipated on his behalf and Hisham has emancipated fifty on his behalf and fifty remain. Shall I emancipate them on his behalf? The Messenger of Allah (ﷺ) said: Had he been a Muslim and you had emancipated slaves on his behalf, or given sadaqah on his behalf, or performed the pilgrimage, that would have reached him.
حَدَّثَنَا مُحَمَّدُ بْنُ الْعَلاَءِ، أَنَّ شُعَيْبَ بْنَ إِسْحَاقَ، حَدَّثَهُمْ عَنْ هِشَامِ بْنِ عُرْوَةَ، عَنْ وَهْبِ بْنِ كَيْسَانَ، عَنْ جَابِرِ بْنِ عَبْدِ اللَّهِ، أَنَّهُ أَخْبَرَهُ أَنَّ أَبَاهُ تُوُفِّيَ وَتَرَكَ عَلَيْهِ ثَلاَثِينَ وَسْقًا لِرَجُلٍ مِنْ يَهُودَ فَاسْتَنْظَرَهُ جَابِرٌ فَأَبَى فَكَلَّمَ جَابِرٌ النَّبِيَّ صلى الله عليه وسلم أَنْ يَشْفَعَ لَهُ إِلَيْهِ فَجَاءَ رَسُولُ اللَّهِ صلى الله عليه وسلم وَكَلَّمَ الْيَهُودِيَّ لِيَأْخُذَ ثَمَرَ نَخْلِهِ بِالَّذِي لَهُ عَلَيْهِ فَأَبَى عَلَيْهِ وَكَلَّمَهُ رَسُولُ اللَّهِ صلى الله عليه وسلم أَنْ يُنْظِرَهُ فَأَبَى . وَسَاقَ الْحَدِيثَ .
That his father died and left a debt of thirty wasqs of a Jew on him. Jabir asked him to defer, but he refused. Jabir then spoke to the Messenger of Allah (ﷺ) asking him to mediate to him on his behalf. The Messenger of Allah (ﷺ) came to the Jew and spoke to him about taking fruit-dates in lieu of the debt that was on him. But he refused. The Messenger of Allah (ﷺ) asked him to defer (the debt) to him, but he refused. He then narrated the rest of the tradition.
The Prophet (ﷺ) said: Knowledge has three categories; anything else is extra; a precise verse, or an established sunnah (practice), or a firm obligatory duty.
I fell ill, and the Prophet (ﷺ) and Abu Bakr came to me on foot to visit me. As I was unconscious, I could not speak to him. He performed ablution and sprinkled water on me ; so I became conscious. I said: Messenger of Allah, how should I do in my property, as I have sisters? Thereafter the verse about inheritance was revealed: "They ask thee for legal decision. Say: Allah directs (thus) about those who leave no descendants or ascendants as heirs."
I fell ill, and I had seven sisters. The Messenger of Allah (ﷺ) came to me and blew on my face. So I became conscious. I said: Messenger of Allah, may I not bequeath one-third of my property to my sisters? He replied: Do good. I asked: Half? He replied: Do good. He then went out and left me, and said: I do not think, Jabir, you will die of this disease. Allah has revealed (verses) and described the share of your sisters. He appointed two-thirds for them. Jabir used to say: This verse was revealed about me: "They ask thee for a legal decision. Say: Allah directs (thus) about those who leave no descendants or ascendants as heirs.
The last verse revealed about the decease who left no descendants or ascendants: "They ask thee for the legal decision. Say: Allah directs (thus) about those who leave no descendants or ascendants as heirs."
A man came to the Prophet (ﷺ) and said: Messenger of Allah, they ask thee for a legal decision about a kalalah. What is meant by kalalah? He replied: The verse revealed in summer is sufficient for you.
I asked AbuIshaq: Does it mean a person who dies and leaves neither children nor father? He said: This is so. The people think it is so.
A man came to Abu Musa al-Ash'ari and Salman b. Rabi'ah, and asked about a case where there were a daughter, a son's daughter and full sister. They replied: The daughter gets half and the full gets half. The son's daughter gets nothing. Go to Ibn Mas'ud and you will find that he agrees with me. So the man came to him and informed him about their opinion. He said: I would then be in error and not be one of those who are rightly guided. But I decide concerning the matter as the Messenger of Allah (ﷺ) did: The daughter gets half, and the son's daughter gets a share which complete thirds (i.e. gets a sixth), and what remain to the full sister."
We went out with the Messenger of Allah (ﷺ) and came to a woman of the Ansar in al-Aswaf. The woman brought her two daughters, and said: Messenger of Allah, these are the daughters of Thabit ibn Qays who was killed as a martyr when he was with you at the battle of Uhud, their paternal uncle has taken all their property and inheritance, and he has not left anything for them. What do you think, Messenger of Allah? They cannot be married unless they have some property. The Messenger of Allah (ﷺ) said: Allah will decide regarding the matter. Then the verse of Surat an-Nisa was revealed: "Allah (thus) directs you as regards your children's (inheritance)." Messenger of Allah (ﷺ) said: Call to me the woman and her husband's brother. He then said to their paternal uncle: Give them two-thirds and their mother an eighth, and what remains is yours.
Abu Dawud said: The narrator Bishr made a mistake. They were the daughters of Sa'd b. al-Rabi' for Thabit b. Qais was killed in the battle of Yamamah.
The wife of Sa'd b. al-Rabi said: Messenger of Allah, Sa'd died and left two daughters. He then narrated the rest of the tradition in a similar way.
Abu Dawud said: This is the most correct tradition.
A grandmother came to AbuBakr asking him for her share of inheritance. He said: There is nothing prescribed for you in Allah's Book, nor do I know anything for you in the Sunnah of the Prophet of Allah (ﷺ) Go home till I question the people. He then questioned the people, and al-Mughirah ibn Shu'bah said: I had been present with the Messenger of Allah (ﷺ) when he gave grandmother a sixth. AbuBakr said: Is there anyone with you? Muhammad ibn Maslamah stood and said the same as al-Mughirah ibn Shu'bah had said. So AbuBakr made it apply to her. Another grandmother came to Umar ibn al-Khattab asking him for her share of inheritance. He said: Nothing has been prescribed for you in Allah's Book. The decision made before you was made for a grandmother other than you. I am not going to add in the shares of inheritance; but it is that sixth. If there are two of you, it is shared between you, but whichever of you is the only one left gets it all.
A man came to the Prophet (ﷺ) and said: My son has died; what do I receive from his estate? He replied: You receive a sixth. When he turned away he called him and said: You receive another sixth. When he turned away, he called him and said: The other sixth is an allowance (beyond what is due).
Qatadah said: They (the Companions) did not know the heirs with whom he was given (a sixth). Qatadah said: The minimum share given to the grandfather was a sixth.
Shares of Inheritance (Kitab Al-Fara'id) - كتاب الفرائض
Al-Hasan reported that Umar asked:
حَدَّثَنَا وَهْبُ بْنُ بَقِيَّةَ، عَنْ خَالِدٍ، عَنْ يُونُسَ، عَنِ الْحَسَنِ، أَنَّ عُمَرَ، قَالَ أَيُّكُمْ يَعْلَمُ مَا وَرَّثَ رَسُولُ اللَّهِ صلى الله عليه وسلم الْجَدَّ فَقَالَ مَعْقِلُ بْنُ يَسَارٍ أَنَا وَرَّثَهُ رَسُولُ اللَّهِ صلى الله عليه وسلم السُّدُسَ . قَالَ مَعَ مَنْ قَالَ لاَ أَدْرِي . قَالَ لاَ دَرَيْتَ فَمَا تُغْنِي إِذًا .
Which of your knows what share the Messenger of Allah (ﷺ) had given to the grandfather from the estate? Ma'qil ibn Yasar said: The Messenger of Allah (ﷺ) gave him a sixth. He asked: Along with whom? He replied: I do not know. He said: You do not know; what is the use then?
The Prophet (ﷺ) said: Divide the property among those whose share have been prescribed in the Book of Allah, and what remains from the prescribed shares goes to the nearest male heirs.
The Prophet (ﷺ) said: If anyone leaves a debt or a helpless family I shall be responsible-and sometimes the narrator said: Allah and His Apostle will be responsible-but if anyone leaves property, it goes to his heirs. I am the heirs of him who has none, paying blood-wit for him and inheriting from him; and a maternal uncle is the heir of him who has none, paying blood-wit for him and inheriting from him.
The Prophet (ﷺ) said: I am nearer to every believer than himself, so if anyone leaves a debt or a helpless family, I shall be responsible, but if anyone leaves property, it goes to his heirs. I am patron of him who has none, inheriting his property and freeing him from his liabilities. A maternal uncle is patron of him who has none, inheriting his property and freeing him from his liabilities.
Abu Dawud said: da'iah means dependants or helpless family.
Abu Dawud said: This tradition has been transmitted by al-Zubaidi from Rashid b. Sa'd from Ibn 'A'idh on the authority of al-Miqdam. It has also been transmitted by Mu'awiyah b. Salih from Rashid who said: I heard al-Miqdam (say).
I heard the Messenger of Allah (ﷺ) say: I am the heirs of Him who has none, freeing him from his liabilities, and inheriting what he possesses. A maternal uncle is the heir of Him who has none, freeing him from his liabilities, and inheriting his property.
Shares of Inheritance (Kitab Al-Fara'id) - كتاب الفرائض
Narrated Aisha, Ummul Mu'minin:
حَدَّثَنَا مُسَدَّدٌ، حَدَّثَنَا يَحْيَى، حَدَّثَنَا شُعْبَةُ، ح وَحَدَّثَنَا عُثْمَانُ بْنُ أَبِي شَيْبَةَ، حَدَّثَنَا وَكِيعُ بْنُ الْجَرَّاحِ، عَنْ سُفْيَانَ، جَمِيعًا عَنِ ابْنِ الأَصْبَهَانِيِّ، عَنْ مُجَاهِدِ بْنِ وَرْدَانَ، عَنْ عُرْوَةَ، عَنْ عَائِشَةَ، رضى الله عنها أَنَّ مَوْلًى، لِلنَّبِيِّ صلى الله عليه وسلم مَاتَ وَتَرَكَ شَيْئًا وَلَمْ يَدَعْ وَلَدًا وَلاَ حَمِيمًا فَقَالَ النَّبِيُّ صلى الله عليه وسلم " أَعْطُوا مِيرَاثَهُ رَجُلاً مِنْ أَهْلِ قَرْيَتِهِ " . قَالَ أَبُو دَاوُدَ وَحَدِيثُ سُفْيَانَ أَتَمُّ وَقَالَ مُسَدَّدٌ قَالَ فَقَالَ النَّبِيُّ صلى الله عليه وسلم " هَا هُنَا أَحَدٌ مِنْ أَهْلِ أَرْضِهِ " . قَالُوا نَعَمْ . قَالَ " فَأَعْطُوهُ مِيرَاثَهُ " .
A client of the Prophet (ﷺ) died and left some property, but he left no child or relative. The Messenger of Allah (ﷺ) said: Give what he has left to a man belonging to his village.
Abu Dawud said: The tradition of Sufyan is more perfect. Musaddad said: Thereupon the Prophet (ﷺ) said: Is there anyone belonging to his land ? They replied: Yes. He said: Then give him what he has left.
A man came to the Messenger of Allah (ﷺ) and said: I have property left by a man of Azd. I do not find any man of Azd to give it to him. He said: Go and look for man of Azd for a year. He then came to him after one year and said: Messenger of Allah, I did not find any man of Azd to give it to him. He said: Look for a man of Khuza'ah whom you meet first and give it to him. When he turned away, he said; Call the man to me. When he came to him, he said: Look for the leading man of Khuza'ah and give it to him.
A man of Khuza'ah died and his estate was brought to the Prophet (ﷺ). He said: Look for his heir or some relative. But they found neither heir nor relative. The Messenger of Allah (ﷺ) said: Give it to the leading man of Khuza'ah. The narrator Yahya said: Sometimes I heard him (al-Husayn ibn Aswad) say in this tradition: Look for the greatest man of Khuza'ah.
Shares of Inheritance (Kitab Al-Fara'id) - كتاب الفرائض
Narrated Abdullah ibn Abbas:
حَدَّثَنَا مُوسَى بْنُ إِسْمَاعِيلَ، حَدَّثَنَا حَمَّادٌ، أَخْبَرَنَا عَمْرُو بْنُ دِينَارٍ، عَنْ عَوْسَجَةَ، عَنِ ابْنِ عَبَّاسٍ، أَنَّ رَجُلاً، مَاتَ وَلَمْ يَدَعْ وَارِثًا إِلاَّ غُلاَمًا لَهُ كَانَ أَعْتَقَهُ فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم
" هَلْ لَهُ أَحَدٌ " . قَالُوا لاَ إِلاَّ غُلاَمًا لَهُ كَانَ أَعْتَقَهُ . فَجَعَلَ رَسُولُ اللَّهِ صلى الله عليه وسلم مِيرَاثَهُ لَهُ .
A man died leaving no heir but a slave whom he had emancipated. The Messenger of Allah (ﷺ) asked: Has he any heir? They replied: No, except a slave whom he had emancipated. The Messenger of Allah (ﷺ) assigned his estate to him (the emancipated slave).
The Prophet (ﷺ) said: A woman gets inheritance from the three following: one she has set free, a foundling, and her child about whom she has invoked a curse on herself if she was untrue in declaring he was not born out of wedlock.
I said: Messenger of Allah, where will you stay tomorrow ? This (happened) during his Hajj. He replied: Has 'Aqil left any house for us ? He then said: We shall stay at the valley of Banu Kinarah where the Quraish took an oath on unbelief. This refers to al-Muhassab. The reason is that Banu Kinarah made an alliance with the Quraish against Banu Hashim that they would have no marital connections with them, nor will have commercial transactions with them, not will give them any refuge.
Al-Zuhri said: Khalf means valley.
The Prophet (ﷺ) said: An estate which was divided in pre-Islamic period may follow the division in force then, but any estate in Islamic times must follow the division laid down by Islam.
Shares of Inheritance (Kitab Al-Fara'id) - كتاب الفرائض
Narrated Ibn 'Umar:
حَدَّثَنَا قُتَيْبَةُ بْنُ سَعِيدٍ، قَالَ قُرِئَ عَلَى مَالِكٍ وَأَنَا حَاضِرٌ، قَالَ مَالِكٌ عَرَضَ عَلَىَّ نَافِعٌ عَنِ ابْنِ عُمَرَ، أَنَّ عَائِشَةَ، رضى الله عنها أُمَّ الْمُؤْمِنِينَ أَرَادَتْ أَنْ تَشْتَرِيَ جَارِيَةً تَعْتِقُهَا فَقَالَ أَهْلُهَا نَبِيعُكِهَا عَلَى أَنَّ وَلاَءَهَا لَنَا . فَذَكَرَتْ عَائِشَةُ ذَاكَ لِرَسُولِ اللَّهِ صلى الله عليه وسلم فَقَالَ
" لاَ يَمْنَعُكِ ذَلِكَ فَإِنَّ الْوَلاَءَ لِمَنْ أَعْتَقَ " .
'Aishah, mother of believers (ra), intended to buy a slave-girl to set her free. Her people said: We shall sell her to you on one condition that we shall inherit from her. 'Aishah mentioned it to the Messenger of Allah (ﷺ). He said: That should not prevent you, for the right of inheritance belongs to the one who has set a person free.
Shares of Inheritance (Kitab Al-Fara'id) - كتاب الفرائض
Narrated 'Aishah:
حَدَّثَنَا عُثْمَانُ بْنُ أَبِي شَيْبَةَ، حَدَّثَنَا وَكِيعُ بْنُ الْجَرَّاحِ، عَنْ سُفْيَانَ الثَّوْرِيِّ، عَنْ مَنْصُورٍ، عَنْ إِبْرَاهِيمَ، عَنِ الأَسْوَدِ، عَنْ عَائِشَةَ، قَالَتْ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم
" الْوَلاَءُ لِمَنْ أَعْطَى الثَّمَنَ وَوَلِيَ النِّعْمَةَ " .
The Messenger of Allah (ﷺ) as saying: The right of inheritance belongs to only to the one who paid the price (of the slave) and patronised him by doing an act of gratitude.
On his father's authority, said that his grandfather reported: Rabab ibn Hudhayfah married a woman and three sons were born to him from her. Their mother then died. They inherited her houses and had the right of inheritance of her freed slaves.
Amr ibn al-'As was the agnate of her sons. He sent them to Syria where they died. Amr ibn al-'As then came. A freed slave of hers died and left some property. Her brothers disputed with him and brought the case to Umar ibn al-Khattab.
Umar reported the Messenger of Allah (ﷺ) as saying: Whatever property a son or a father receives as an heir will go to his agnates, whoever they may be. He then wrote a document for him, witnessed by AbdurRahman ibn Awf, Zayd ibn Thabit and one other person. When AbdulMalik became caliph, they presented the case to Hisham ibn Isma'il or Isma'il ibn Hisham (the narrator is doubtful).
He sent them to 'Abd al-Malik who said: This is the decision which I have already seen.
The narrator said: So he ('Abd al-Malik) made the decision on the basis of the document of Umar ibn al-Khattab, and that is still with us till this moment.
Tamim asked: Messenger of Allah), what is the sunnah about a man who accepts Islam by advice and persuasion of a Muslim? He replied: He is the nearest to him in life and in death.
To those also, to whom your right hand was pledged, give their due portion. A man made an agreement with another man (in early days of Islam), and there was no relationship between the ; one of them inherited from the other. The following verse of Surat Al-Anfal abrogated it: "But kindred by blood have prior right against each other."
"To those also, to whom your right hand was pledged, give your portion." When the Emigrants came to Medina. they inherited from the Helpers without any blood-relationship with them for the brotherhood which the Messenger of Allah (ﷺ) established between them. When the following verse was revealed: "To (benefit) everyone we have appointed shares and heirs to property left by parent and relatives." it abrogated the verse: "To those also, to whom your right hand was pledged, give their due portion." This alliance was made for help, well wishing and cooperation. Now a legacy can be made for him. (The right to)inheritance was abolished.
I used to learn the reading of the Qur'an from Umm Sa'd, daughter of al-Rabi'. She was an orphan in the guardianship of Abu Bakr. I read the Qur'anic verse "To those also to whom your right hand was pledged." She said: Do not read the verse; "To those also to whom your right hand was pledged." This was revealed about Abu Bakr and his son 'Abd al-Rahman when he refused to accept Islam. Abu Bakr took an oath that he would not give him a share from inheritance. When he embraced Islam Allah Most High commanded His Prophet (ﷺ) to give him the share.
The narrator 'Abd al-Aziz added: He did not accept Islam until he was urged on Islam by sword.
Abu Dawud said: He who narrated the word 'aqadat means a pact ; and he who narrated the word 'aaqadat means the party who made a pact. The correct is the tradition of Talhah ('aaqadat).
Referring to the verse: "Those who believed and adopted exile... As to those who believed but came not into exile": A bedouin (who did not migrate to Medina) did not inherit from an emigrant, and an emigrant did no inherit from him. It was abrogated by the verse: "But kindred by blood have prior rights against each other."
Shares of Inheritance (Kitab Al-Fara'id) - كتاب الفرائض
Narrated Anas bin Malik:
حَدَّثَنَا مُسَدَّدٌ، حَدَّثَنَا سُفْيَانُ، عَنْ عَاصِمٍ الأَحْوَلِ، قَالَ سَمِعْتُ أَنَسَ بْنَ مَالِكٍ، يَقُولُ حَالَفَ رَسُولُ اللَّهِ صلى الله عليه وسلم بَيْنَ الْمُهَاجِرِينَ وَالأَنْصَارِ فِي دَارِنَا . فَقِيلَ لَهُ أَلَيْسَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم
" لاَ حِلْفَ فِي الإِسْلاَمِ " . فَقَالَ حَالَفَ رَسُولُ اللَّهِ صلى الله عليه وسلم بَيْنَ الْمُهَاجِرِينَ وَالأَنْصَارِ فِي دَارِنَا . مَرَّتَيْنِ أَوْ ثَلاَثًا
The Messenger of Allah (ﷺ) established an alliance (of brotherhood) between the Emigrants and the Helpers in our house. He was asked: Did not the Messenger of Allah (ﷺ) say: There is no alliance in Islam ? He replied: The Messenger of Allah (ﷺ) established an alliance between the Emigrants and the Helpers in our house. This he said twice or thrice.
Shares of Inheritance (Kitab Al-Fara'id) - كتاب الفرائض
Narrated Umar ibn al-Khattab:
حَدَّثَنَا أَحْمَدُ بْنُ صَالِحٍ، حَدَّثَنَا سُفْيَانُ، عَنِ الزُّهْرِيِّ، عَنْ سَعِيدٍ، قَالَ كَانَ عُمَرُ بْنُ الْخَطَّابِ يَقُولُ الدِّيَةُ لِلْعَاقِلَةِ وَلاَ تَرِثُ الْمَرْأَةُ مِنْ دِيَةِ زَوْجِهَا شَيْئًا حَتَّى قَالَ لَهُ الضَّحَّاكُ بْنُ سُفْيَانَ كَتَبَ إِلَىَّ رَسُولُ اللَّهِ صلى الله عليه وسلم أَنْ أُوَرِّثَ امْرَأَةَ أَشْيَمَ الضِّبَابِيِّ مِنْ دِيَةِ زَوْجِهَا . فَرَجَعَ عُمَرُ . قَالَ أَحْمَدُ بْنُ صَالِحٍ حَدَّثَنَا عَبْدُ الرَّزَّاقِ بِهَذَا الْحَدِيثِ عَنْ مَعْمَرٍ عَنِ الزُّهْرِيِّ عَنْ سَعِيدٍ وَقَالَ فِيهِ وَكَانَ النَّبِيُّ صلى الله عليه وسلم اسْتَعْمَلَهُ عَلَى الأَعْرَابِ .
Sa'id said: Umar ibn al-Khattab said: Blood-money is meant for the clan of the slain, and she will not inherit from the blood-money of her husband. Ad-Dahhak ibn Sufyan said: The Messenger of Allah (ﷺ) wrote to me that I should give a share to the wife of Ashyam ad-Dubabi from the blood-money of her husband. So Umar withdrew his opinion.
Ahmad ibn Salih said: AbdurRazzaq transmitted this tradition to us from Ma'mar, from az-Zuhri on the authority of Sa'id. In this version he said: The Prophet (ﷺ) made him governor over the bedouins.
The Messenger of Allah (ﷺ) as saying: Each of you is a shepherd and each of you is responsible for his flock. The amir (ruler) who is over the people is a shepherd and is responsible for his flock; a man is a shepherd in charge of the inhabitants of his household and he is responsible for his flock; a woman is a shepherdess in charge of her husband's house and children and she is responsible for them; and a man's slave is a shepherd in charge of his master's property and he is responsible for it. So each of you is a shepherd and each of you is responsible for his flock.
The Messenger of Allah (ﷺ) said to me: 'Abdul al-Rahman b. Samurah, do not ask for the position of commander, for if you are given it after asking you will be left to discharge it yourself, but if you are given it without asking you will be helped to discharge it.
I went along with two men to see the Prophet (ﷺ). One of them recited tashahhud and said: We have come to you so that you may employ us for your work. The other also said the same thing. He (the Prophet) replied: The most faithless of you in our eyes is the one who asked for it (responsible post). Abu Musa then apologized to the Prophet (ﷺ) and said: I did not know why they came to you. He did not employ them for anything until he died.
The Messenger of Allah (ﷺ) said: When Allah has a good purpose for a ruler, He appoints for him a sincere minister who reminds him if he forgets and helps him if he remembers; but when Allah has a different purpose from that for him. He appoints for him an evil minister who does not remind him if he forgets and does not help him if he remembers.
The Messenger of Allah (ﷺ) struck him on his shoulders and then said: You will attain success, Qudaym, if you die without having been a ruler, a secretary, or a chief.
Ghalib quoted a man who stated on the authority of his father that his grandfather reported: They lived at one of the springs. When Islam reached them, the master of the spring offered his people one hundred camels if they embraced Islam. So they embraced Islam, and he distributed the camels among them. But it occurred to him that he should take the camels back from them.
He sent his son to the Prophet (ﷺ) and said to him: Go to the Prophet (ﷺ) and tell him: My father extends his greetings to you. He asked his people to give them one hundred camels if they embraced Islam, and they embraced Islam. He divided the camels among them. But it occurred to him then that he should withdraw his camels from them. Is he more entitled to them or we? If he says: Yes or no, then tell him: My father is an old man, and he is the chief of the people living at the water. He has requested you to make me chief after him.
He came to him and said: My father has extended his greetings to you. He replied: On you and you father be peace. He said: My father asked his people to give them one hundred camels if they embraced Islam. So they embraced Islam, and their belief in Islam is good. Then it occurred to him that he should take his camels back from them. Is he more entitled to them or are they?
He said: If he likes to give them the camels, he may give them; and if he likes to take them back, he is more entitled to them than his people. If they embraced Islam, then for them is their Islam. If they do not embrace Islam, they will be fought against in the cause of Islam.
He said: My father is an old man; he is the chief of the people living at the spring. He has asked you to appoint me chief after him.
He replied: The office of a chief is necessary, for people must have chiefs, but the chiefs will go to Hell.
I heard the Messenger of Allah (ﷺ) say: The official who collects sadaqah (zakat) in a just manner is like him who fights in Allah's path till he returns home.
Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah) - كتاب الخراج والإمارة والفىء
Narrated Ibn 'Umar:
حَدَّثَنَا مُحَمَّدُ بْنُ دَاوُدَ بْنِ سُفْيَانَ، وَسَلَمَةُ، قَالاَ حَدَّثَنَا عَبْدُ الرَّزَّاقِ، أَخْبَرَنَا مَعْمَرٌ، عَنِ الزُّهْرِيِّ، عَنْ سَالِمٍ، عَنِ ابْنِ عُمَرَ، قَالَ قَالَ عُمَرُ إِنِّي إِنْ لاَ أَسْتَخْلِفْ فَإِنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم لَمْ يَسْتَخْلِفْ وَإِنْ أَسْتَخْلِفْ فَإِنَّ أَبَا بَكْرٍ قَدِ اسْتَخْلَفَ . قَالَ فَوَاللَّهِ مَا هُوَ إِلاَّ أَنْ ذَكَرَ رَسُولَ اللَّهِ صلى الله عليه وسلم وَأَبَا بَكْرٍ فَعَلِمْتُ أَنَّهُ لاَ يَعْدِلُ بِرَسُولِ اللَّهِ صلى الله عليه وسلم أَحَدًا وَأَنَّهُ غَيْرُ مُسْتَخْلِفٍ .
'Umar said: I shall not appoint a successor, for the Messenger of Allah (ﷺ) did not appoint a successor. If I appoint a successor (I can do so), for Abu Bakr had appointed a successor. He Ibn 'Umar) said: I swear by Allah, he did not mention (anyone) but the Messenger of Allah (ﷺ) and Abu Bakr. So I learnt he would not equate anyone with the Messenger of Allah (ﷺ), for he did not appoint any successor.
Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah) - كتاب الخراج والإمارة والفىء
Narrated 'Aishah:
حَدَّثَنَا أَحْمَدُ بْنُ صَالِحٍ، حَدَّثَنَا ابْنُ وَهْبٍ، حَدَّثَنِي مَالِكٌ، عَنِ ابْنِ شِهَابٍ، عَنْ عُرْوَةَ، أَنَّ عَائِشَةَ، رضى الله عنها أَخْبَرَتْهُ عَنْ بَيْعَةِ، رَسُولِ اللَّهِ صلى الله عليه وسلم النِّسَاءَ قَالَتْ مَا مَسَّ رَسُولُ اللَّهِ صلى الله عليه وسلم يَدَ امْرَأَةٍ قَطُّ إِلاَّ أَنْ يَأْخُذَ عَلَيْهَا فَإِذَا أَخَذَ عَلَيْهَا فَأَعْطَتْهُ قَالَ
" اذْهَبِي فَقَدْ بَايَعْتُكِ " .
The Messenger of Allah (ﷺ) never touched the hand of woman, but he received the oath of allegiance from her. When he received the oath of allegiance from her, she gave it to him, and he said: Go, I have received your oath of allegiance.
Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah) - كتاب الخراج والإمارة والفىء
Narrated 'Abd Alla b. Hisham, :
حَدَّثَنَا عُبَيْدُ اللَّهِ بْنُ عُمَرَ بْنِ مَيْسَرَةَ، حَدَّثَنَا عَبْدُ اللَّهِ بْنُ يَزِيدَ، حَدَّثَنَا سَعِيدُ بْنُ أَبِي أَيُّوبَ، حَدَّثَنِي أَبُو عَقِيلٍ، زُهْرَةُ بْنُ مَعْبَدٍ عَنْ جَدِّهِ عَبْدِ اللَّهِ بْنِ هِشَامٍ، قَالَ وَكَانَ قَدْ أَدْرَكَ النَّبِيَّ صلى الله عليه وسلم وَذَهَبَتْ بِهِ أُمُّهُ زَيْنَبُ بِنْتُ حُمَيْدٍ إِلَى رَسُولِ اللَّهِ صلى الله عليه وسلم فَقَالَتْ يَا رَسُولَ اللَّهِ بَايِعْهُ . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم
" هُوَ صَغِيرٌ " . فَمَسَحَ رَأْسَهُ .
who was a Companion, reported that his mother Zainab daughter of Humain went to the Messenger of Allah (ﷺ) and said: Messenger of Allah, receive the oath of allegiance from him. The Messenger of Allah (ﷺ) said: He is Minor. He then wiped his head.
The Prophet (ﷺ) as saying: When we appoint someone to an administrative post and provide him with an allowance, anything he takes beyond that is unfaithful dealing.
'Umar reported me to collect the sadaqah (i.e. zakat). When I became free, he ordered to give me payment for it. I said: I have worked for the sake of Allah. He said: Take what you have been given, for I held an administrative post in the time of the Messenger of Allah (ﷺ), and he gave me payment for it.
Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah) - كتاب الخراج والإمارة والفىء
Narrated Al-Mustawrid ibn Shaddad:
حَدَّثَنَا مُوسَى بْنُ مَرْوَانَ الرَّقِّيُّ، حَدَّثَنَا الْمُعَافَى، حَدَّثَنَا الأَوْزَاعِيُّ، عَنِ الْحَارِثِ بْنِ يَزِيدَ، عَنْ جُبَيْرِ بْنِ نُفَيْرٍ، عَنِ الْمُسْتَوْرِدِ بْنِ شَدَّادٍ، قَالَ سَمِعْتُ النَّبِيَّ صلى الله عليه وسلم يَقُولُ " مَنْ كَانَ لَنَا عَامِلاً فَلْيَكْتَسِبْ زَوْجَةً فَإِنْ لَمْ يَكُنْ لَهُ خَادِمٌ فَلْيَكْتَسِبْ خَادِمًا فَإِنْ لَمْ يَكُنْ لَهُ مَسْكَنٌ فَلْيَكْتَسِبْ مَسْكَنًا " . قَالَ قَالَ أَبُو بَكْرٍ أُخْبِرْتُ أَنَّ النَّبِيَّ صلى الله عليه وسلم قَالَ " مَنِ اتَّخَذَ غَيْرَ ذَلِكَ فَهُوَ غَالٌّ أَوْ سَارِقٌ " .
Al-Mustawrid heard the Prophet (ﷺ) say: He who acts as an employee for us must get a wife; if he has not a servant, he must get one, and if he has not a dwelling, he must get one.
He said that Abu Bakr reported: I was told that the Prophet (ﷺ) said: He who takes anything else he is unfaithful or thief.
The Prophet (ﷺ) appointed a man of Azd called Ibn al-Lutbiyayah (to collect sadaqah). The narrator Ibn al-Sarh said: (He appointed) Ibn al-Utbiyyah to collect the sadaqah. When he returned he said: This is for you and this was given to me as present. So the Prophet (ﷺ) stood on the pulpit, and after praising and extolling Allah he said: What is the matter with a collector of sadaqah. We send him (to collect sadaqah), and when he return he says: This is for you and this is a present which was given to me. Why did he not sit in his father's or mother's house and see whether it would be given to him or not ? Whoever takes any of it will inevitably bring it on the Day of Resurrection, be it a camel which rumbles, an ox which bellows, or sheep which-bleats. Then raising his arms so that we could see where the hair grow under his armpits, he said: O Allah, have I given full information ? O Allah, have I given full information ?
The Prophet (ﷺ) appointed me to collect sadaqah and then said: Go, AbuMas'ud, I should not find you on the Day of Judgment carrying a camel of sadaqah on your back, which rumbles, the one you have taken by unfaithful dealing in sadaqah. He said: If it is so, I will not go. He said: Then I do not force you.
When I entered upon Mu'awiyah, he said: How good your visit is to us, O father of so-and-so. (This is an idiom used by the Arabs on such occasions). I said: I tell you a tradition which I heard (from the Prophet). I heard the Messenger of Allah (ﷺ) say: If Allah puts anyone in the position of authority over the affairs of the Muslims, and he secludes himself (from them), not fulfilling their needs, wants, and poverty, Allah will keep Himself away from him, not fulfilling his need, want and poverty. He said: He (Mu'awiyah) appointed a man to fulfil the needs of the people.
Malik ibn Aws ibn al-Hadthan said: One day Umar ibn al-Khattab mentioned the spoils of war and said: I am not more entitled to this spoil of war than you; and none of us is more entitled to it than another, except that we occupy our positions fixed by the Book of Allah, Who is Great and Glorious, and the division made by the Messenger of Allah (ﷺ), people being arranged according to their precedence in accepting Islam, the hardship they have endured their having children and their need.
Zayd ibn Aslam said: Abdullah ibn Umar entered upon Mu'awiyah. He asked: (Tell me) your need, AbuAbdurRahman. He replied: Give (the spoils) to those who were set free, for I saw the first thing the Messenger of Allah (ﷺ) did when anything came to him was to give something to those who had been set free.
Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah) - كتاب الخراج والإمارة والفىء
Narrated Aisha, Ummul Mu'minin:
حَدَّثَنَا إِبْرَاهِيمُ بْنُ مُوسَى الرَّازِيُّ، أَخْبَرَنَا عِيسَى، حَدَّثَنَا ابْنُ أَبِي ذِئْبٍ، عَنِ الْقَاسِمِ بْنِ عَبَّاسٍ، عَنْ عَبْدِ اللَّهِ بْنِ نِيَارٍ، عَنْ عُرْوَةَ، عَنْ عَائِشَةَ، رضى الله عَنْهَا أَنَّ النَّبِيَّ صلى الله عليه وسلم أُتِيَ بِظَبْيَةٍ فِيهَا خَرَزٌ فَقَسَمَهَا لِلْحُرَّةِ وَالأَمَةِ . قَالَتْ عَائِشَةُ كَانَ أَبِي رضى الله عنه يَقْسِمُ لِلْحُرِّ وَالْعَبْدِ .
The Prophet (ﷺ) was brought a pouch containing bead and divided it among free women and slave women. Aisha said: My father used to divide things between free men and slave.
When the spoils (fai') came to the Messenger of Allah (ﷺ), he divided it that day ; he gave two portions to a married man and one to a bachelor. The narrator Ibn al-Musaffa added: We were summoned, and I would be summoned before 'Ammar. So I was summoned and he gave me two portions, for I had a family ; then 'Ammar b. Yasir was summoned after me and given one.
The Prophet (ﷺ) said: I am nearer to the believers than themselves, so if anyone leaves property, it goes to his heirs, and if anyone leaves debt and dependants, let the matter come to me and I shall be responsible.
Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah) - كتاب الخراج والإمارة والفىء
Narrated Abu Hurairah:
حَدَّثَنَا حَفْصُ بْنُ عُمَرَ، حَدَّثَنَا شُعْبَةُ، عَنْ عَدِيِّ بْنِ ثَابِتٍ، عَنْ أَبِي حَازِمٍ، عَنْ أَبِي هُرَيْرَةَ، قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم
" مَنْ تَرَكَ مَالاً فَلِوَرَثَتِهِ وَمَنْ تَرَكَ كَلاًّ فَإِلَيْنَا " .
The Messenger of Allah (ﷺ) as saying: If anyone leaves property, it goes to his heirs. And if anyone leaves dependents (without resources), they come to us.
Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah) - كتاب الخراج والإمارة والفىء
Narrated Nafi':
حَدَّثَنَا أَحْمَدُ بْنُ حَنْبَلٍ، حَدَّثَنَا يَحْيَى، عَنْ عُبَيْدِ اللَّهِ، أَخْبَرَنِي نَافِعٌ، عَنِ ابْنِ عُمَرَ، أَنَّ النَّبِيَّ صلى الله عليه وسلم عُرِضَهُ يَوْمَ أُحُدٍ وَهُوَ ابْنُ أَرْبَعَ عَشْرَةَ فَلَمْ يُجِزْهُ وَعُرِضَهُ يَوْمَ الْخَنْدَقِ وَهُوَ ابْنُ خَمْسَ عَشْرَةَ سَنَةً فَأَجَازَهُ .
That Ibn 'Umar was presented before the Prophet (ﷺ) on the day of Uhud, when he was fourteen years old, but he did not allow him. He was again presented to him on the day of Khandaq (the battle of Trench) when he was fifteen years old, he allowed him.
Sulaym ibn Mutayr reported on the authority of his father that Mutayr went away to perform hajj.
When he reached as-Suwaida', a man suddenly came searching for medicine and ammonium anthorhizum extract, and he said: A man who heard the Messenger of Allah (ﷺ) addressing the people commanding and prohibiting them, told me that he said: O people, accept presents so long as they remain presents; but when the Quraysh quarrel about the rule, and the presents are given for the religion of one of you, then leave them alone.
Abu Dawud said: This tradition has been transmitted by Ibn al-Mubarak from Muhammad b. Yasar from Sulaim b. Mutair.
Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah) - كتاب الخراج والإمارة والفىء
Narrated Dhul-Zawa'id:
حَدَّثَنَا هِشَامُ بْنُ عَمَّارٍ، حَدَّثَنَا سُلَيْمُ بْنُ مُطَيْرٍ، - مِنْ أَهْلِ وَادِي الْقُرَى - عَنْ أَبِيهِ، أَنَّهُ حَدَّثَهُ قَالَ سَمِعْتُ رَجُلاً، يَقُولُ سَمِعْتُ رَسُولَ اللَّهِ صلى الله عليه وسلم فِي حَجَّةِ الْوَدَاعِ فَأَمَرَ النَّاسَ وَنَهَاهُمْ ثُمَّ قَالَ " اللَّهُمَّ هَلْ بَلَّغْتُ " . قَالُوا اللَّهُمَّ نَعَمْ . ثُمَّ قَالَ " إِذَا تَجَاحَفَتْ قُرَيْشٌ عَلَى الْمُلْكِ فِيمَا بَيْنَهَا وَعَادَ الْعَطَاءُ أَوْ كَانَ رُشًا فَدَعُوهُ " . فَقِيلَ مَنْ هَذَا قَالُوا هَذَا ذُو الزَّوَائِدِ صَاحِبُ رَسُولِ اللَّهِ صلى الله عليه وسلم .
Mutayr said: I heard a man say: I heard the Messenger of Allah (ﷺ) in the Farewell Pilgrimage. He was commanding and prohibiting them (the people). He said: O Allah, did I give full information? They said: Yes. He said: When the Quraysh quarrel about the rule among themselves, and the presents become bribery, them leave them. The people were asked: Who was he (who narrated this tradition)? They said: This was Dhul-Zawa'id, a Companion of the Messenger of Allah (ﷺ).
An expedition of the Ansar was operating in Persia with their leader. 'Umar used to send expeditions by turns every year, but he neglected them. When the expired, the people of expedition appointed on the frontier came back. He ('Umar) took serious action against them and threatened them, though they were the Companions of the Messenger of Allah (ﷺ). They said: 'Umar you neglected us, and abandoned the practice for which the Messenger of Allah (ﷺ) commanded to send the detachments by turns.
A son of Adi ibn Adi al-Kindi said that Umar ibn AbdulAziz wrote (to his governors): If anyone asks about the places where spoils (fay') should be spent, that should be done in accordance with the decision made by Umar ibn al-Khattab (Allah be pleased with him). The believers considered him to be just, according to the saying of the Prophet (ﷺ): Allah has placed truth upon Umar's tongue and heart. He fixed stipends for Muslims, and provided protection for the people of other religions by levying jizyah (poll-tax) on them, deducting no fifth from it, nor taking it as booty.
'Umar sent for me when the day rose high. I found him sitting on a couch without cover. When I entered upon him, he said: Malik, some people of you tribe gradually came here, and I have ordered to give them something, so distribute it among them. I said: If you assigned this (work) to some other person, (it would be better). He said: Take it. Then Yarfa' came to him and said: Commander of the Faithful, will you permit 'Uthman b. 'Affan, 'Abd al-Rahman b. 'Awf, al-Zubair b. al-'Awwam, and Sa'd b, Abi Waqqas (to enter) ? He said: Yes. So he permitted them and they entered. Yarfa' again came to him and said: Commander of the Faithful, would you permit al-'Abbas and 'Ali ? He said: Yes. He then permitted them and they entered. Al-'Abbas said: Commander of Faithful, decide between me and this, referring to 'Ali. Some of them said: Yes, Commander of the Faithful, decide between them and give them comfort. Malik b. Aws said: It occurred to me that both of them brought the other people for this. 'Umar said: Show patience (do not make haste). He then turned towards those people and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that Messenger of Allah (ﷺ) said: We are not inherited whatever we leave is sadaqah (alms). They said: Yes. He then turned towards 'Ali and al-'Abbas and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that Messenger of Allah (ﷺ) said: We are not inherited whatever we leave is sadaqah (alms). They said: Yes. He then said: Allah has appointed for the Messenger of Allah (ﷺ) a special portion (in the booty) which he did not do for anyone. Allah, Most High, said: What Allah has bestowed on His Apostle (and taken away) from them - for this ye made no expedition with either cavalry or camelry. But Allah gives power to His apostles over any He pleases ; and Allah has power over all things". Allah bestowed (the property of) Banu al-Nadir on His Apostle. I swear by Allah, he did not reserve it for himself, nor did he take it over and above you. The Messenger of Allah (ﷺ) used to his share for his maintenance annually, or used to take his contribution and give his family their annual contribution (from this property), then take what remained and deal with it as he did with Allah's property. He then turned towards those people and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that ? They said: Yes. He then turned towards 'Ali and al-'Abbas and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that ? They said: Yes. When the Messenger of Allah (ﷺ) died, Abu Bakr said: I am the protector of the Messenger of Allah (ﷺ). Then you and this ('Ali) came to Abu Bakr, demanding a share from the inheritance of your cousin, and this ('Ali) demanding the share of his wife from (the property of her) father. Abu Bakr then said: The Messenger of Allah (ﷺ) said: We are not inherited. Whatever we leave is sadaqah. Allah knows that he (Abu Bakr) was true, faithful, rightly-guided, and the follower of Triuth. Abu Bakr then administered it (property of the Prophet). When Abu Bakr died, I said: I am the protector of the Messenger of Allah (ﷺ) and Abu Bakr. So I administered whatever Allah wished. Then you and this ('Ali) came. Both of you are at one, and your matter is the same. So they asked me for it (property), and I said: If you wish I give it to you on condition that you are bound by the covenant of Allah, meaning that you will administer it as the Messenger of Allah (ﷺ) used to administer. So you took it from me on that condition. Then again you have come to me so that I decide between you other than that. I swear by Allah, I shall not decide between you other than that till the Last Hour comes. If you helpless, return it to me.
Abu Dawud said: They asked him for making it half between them, and not that they were ignorant of the fact the Prophet (ﷺ) said: We are not inherited. Whatever we leave is sadaqah (alms). They were also seeking the truth. 'Umar then said: I do not apply the name of division to it ; It leave it on its former condition.
They i.e 'Ali and al-'Abbas (Allah be pleased with them), were quarrelling about what Allah bestowed on His Messenger of Allah (ﷺ), that is, the property of Banu al-Nadir.
Abu Dawud said: He ('Umar) intended that the name of division should not apply to it.
The properties of Banu al-Nadir were part of what Allah bestowed on His Apostle from what the Muslims has not ridden on horses or camels to get; so they belonged specially to the Messenger of Allah (ﷺ) who gave his family their annual contribution.
Ibn 'Abdah said: His family (ahlihi) and not the members of his houses (ahl baitihi) ; then applied what remained for horses and weapons in Allah's path.
'Umar said explaining the verse: "What Allah has bestowed on His Apostle (and taken away) from them - for this ye made no expedition with either cavalry or camelry" this belonged specially to the Messenger of Allah (ﷺ): lands of 'Urainah, Fadak, and so-and-so. What Allah as bestowed on His Apostle (and taken away) from the people of the townships - belong to Allah - to the Apostle, and to kindred and orphans, the needy and the wayfarer, to the indigent emigrants, those who were expelled from their homes and their property, and to those who, before them, had homes (in Medina), and had adopted the faith, and to those who came after them. This verse completely covered all the people ; they remained no one from Muslims but he had his right in it, or share (according to Ayyub's version) except the slaves.
Malik ibn Aws al-Hadthan said: One of the arguments put forward by Umar was that he said that the Messenger of Allah (ﷺ) received three things exclusively to himself: Banu an-Nadir, Khaybar and Fadak. The Banu an-Nadir property was kept wholly for his emergent needs, Fadak for travellers, and Khaybar was divided by the Messenger of Allah (ﷺ) into three sections: two for Muslims, and one as a contribution for his family. If anything remained after making the contribution of his family, he divided it among the poor Emigrants.
Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah) - كتاب الخراج والإمارة والفىء
Narrated 'Aishah, wife of Prophet (ﷺ):
حَدَّثَنَا يَزِيدُ بْنُ خَالِدِ بْنِ عَبْدِ اللَّهِ بْنِ مَوْهَبٍ الْهَمْدَانِيُّ، حَدَّثَنَا اللَّيْثُ بْنُ سَعْدٍ، عَنْ عُقَيْلِ بْنِ خَالِدٍ، عَنِ ابْنِ شِهَابٍ، عَنْ عُرْوَةَ بْنِ الزُّبَيْرِ، عَنْ عَائِشَةَ، زَوْجِ النَّبِيِّ صلى الله عليه وسلم أَنَّهَا أَخْبَرَتْهُ أَنَّ فَاطِمَةَ بِنْتَ رَسُولِ اللَّهِ صلى الله عليه وسلم أَرْسَلَتْ إِلَى أَبِي بَكْرٍ الصِّدِّيقِ رضى الله عنه تَسْأَلُهُ مِيرَاثَهَا مِنْ رَسُولِ اللَّهِ صلى الله عليه وسلم مِمَّا أَفَاءَ اللَّهُ عَلَيْهِ بِالْمَدِينَةِ وَفَدَكَ وَمَا بَقِيَ مِنْ خُمُسِ خَيْبَرَ . فَقَالَ أَبُو بَكْرٍ إِنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ
" لاَ نُورَثُ مَا تَرَكْنَا صَدَقَةٌ إِنَّمَا يَأْكُلُ آلُ مُحَمَّدٍ مِنْ هَذَا الْمَالِ " . وَإِنِّي وَاللَّهِ لاَ أُغَيِّرُ شَيئًا مِنْ صَدَقَةِ رَسُولِ اللَّهِ صلى الله عليه وسلم عَنْ حَالِهَا الَّتِي كَانَتْ عَلَيْهِ فِي عَهْدِ رَسُولِ اللَّهِ صلى الله عليه وسلم فَلأَعْمَلَنَّ فِيهَا بِمَا عَمِلَ بِهِ رَسُولُ اللَّهِ صلى الله عليه وسلم فَأَبَى أَبُو بَكْرٍ رضى الله عنه أَنْ يَدْفَعَ إِلَى فَاطِمَةَ عَلَيْهَا السَّلاَمُ مِنْهَا شَيْئًا .
Fatimah daughter of Messenger of Allah (ﷺ) sent a messenger to Abu Bakr demanding from him in inheritance of the Messenger of Allah (ﷺ) from what Allah bestowed on him at Medina and Fadak, and what remained of the fifth of Khaibar. Abu Bakr said: The Messenger of Allah (ﷺ) has said: We are not inherited. Whatever we leave is sadaqah. The family of Muhammad will eat from this property. I swear by Allah I shall not change it from the former condition of its being sadaqah as it was in the time of the Messenger of Allah (ﷺ). I shall deal with it as the Messenger of Allah dealt with it. Abu Bakr, therefore, refused to give anything to Fatimah from it.
Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah) - كتاب الخراج والإمارة والفىء
Narrated Aisha, Ummul Mu'minin:
حَدَّثَنَا عَمْرُو بْنُ عُثْمَانَ الْحِمْصِيُّ، حَدَّثَنَا أَبِي، حَدَّثَنَا شُعَيْبُ بْنُ أَبِي حَمْزَةَ، عَنِ الزُّهْرِيِّ، حَدَّثَنِي عُرْوَةُ بْنُ الزُّبَيْرِ، أَنَّ عَائِشَةَ، زَوْجَ النَّبِيِّ صلى الله عليه وسلم أَخْبَرَتْهُ بِهَذَا الْحَدِيثِ قَالَ وَفَاطِمَةُ عَلَيْهَا السَّلاَمُ حِينَئِذٍ تَطْلُبُ صَدَقَةَ رَسُولِ اللَّهِ صلى الله عليه وسلم الَّتِي بِالْمَدِينَةِ وَفَدَكَ وَمَا بَقِيَ مِنْ خُمُسِ خَيْبَرَ . قَالَتْ عَائِشَةُ رضى الله عنها فَقَالَ أَبُو بَكْرٍ رضى الله عنه إِنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ
" لاَ نُورَثُ مَا تَرَكْنَا صَدَقَةٌ وَإِنَّمَا يَأْكُلُ آلُ مُحَمَّدٍ فِي هَذَا الْمَالِ " . يَعْنِي مَالَ اللَّهِ لَيْسَ لَهُمْ أَنْ يَزِيدُوا عَلَى الْمَأْكَلِ .
Fatimah was demanding (the property of) sadaqah of the Messenger of Allah (ﷺ) at Medina and Fadak, and what remained from the fifth of Khaybar. Aisha quoted AbuBakr as saying: The Messenger of Allah (ﷺ) said: We are not inherited; whatever we leave is sadaqah. The family of Muhammad will eat from this property, that is, from the property of Allah. They will not take more then their sustenance.
Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah) - كتاب الخراج والإمارة والفىء
Narrating the above tradition, 'Aishah added:
حَدَّثَنَا حَجَّاجُ بْنُ أَبِي يَعْقُوبَ، حَدَّثَنَا يَعْقُوبُ بْنُ إِبْرَاهِيمَ بْنِ سَعْدٍ، حَدَّثَنَا أَبِي، عَنْ صَالِحٍ، عَنِ ابْنِ شِهَابٍ، قَالَ أَخْبَرَنِي عُرْوَةُ، أَنَّ عَائِشَةَ، رضى الله عنها أَخْبَرَتْهُ بِهَذَا الْحَدِيثِ، قَالَ فِيهِ فَأَبَى أَبُو بَكْرٍ رضى الله عنه عَلَيْهَا ذَلِكَ وَقَالَ لَسْتُ تَارِكًا شَيْئًا كَانَ رَسُولُ اللَّهِ صلى الله عليه وسلم يَعْمَلُ بِهِ إِلاَّ عَمِلْتُ بِهِ إِنِّي أَخْشَى إِنْ تَرَكْتُ شَيْئًا مِنْ أَمْرِهِ أَنْ أَزِيغَ فَأَمَّا صَدَقَتُهُ بِالْمَدِينَةِ فَدَفَعَهَا عُمَرُ إِلَى عَلِيٍّ وَعَبَّاسٍ رضى الله عنهم فَغَلَبَهُ عَلِيٌّ عَلَيْهَا وَأَمَّا خَيْبَرُ وَفَدَكُ فَأَمْسَكَهُمَا عُمَرُ وَقَالَ هُمَا صَدَقَةُ رَسُولِ اللَّهِ صلى الله عليه وسلم كَانَتَا لِحُقُوقِهِ الَّتِي تَعْرُوهُ وَنَوَائِبِهِ وَأَمْرُهُمَا إِلَى مَنْ وَلِيَ الأَمْرَ . قَالَ فَهُمَا عَلَى ذَلِكَ إِلَى الْيَوْمِ .
Abu Bakr refused that to her. Her said: I am not going to leave anything the Messenger of Allah (ﷺ) used to do but I shall carry it out. I fear if I depart a little from his practice, I shall diverge (from the right path). As regards his sadaqah (property) at Medina, 'Umar had given it to 'Ali ad 'Abbas (Allah be pleased with them), and 'Ali dominated it. As for Khaibar and Fadak, 'Umar retained them. He said: They were the sadaqah (property) of the Messenger of Allah (ﷺ), exclusively reserved for his purposes that happened, and for his emergent needs. Their management was assigned to the one who was in authority. He said: They are in that condition to the present day.
Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah) - كتاب الخراج والإمارة والفىء
Al-Zuhri, explaining the verse "For this you made no expedition with either cavalry or camelry" said:
حَدَّثَنَا مُحَمَّدُ بْنُ عُبَيْدٍ، حَدَّثَنَا ابْنُ ثَوْرٍ، عَنْ مَعْمَرٍ، عَنِ الزُّهْرِيِّ، فِي قَوْلِهِ { فَمَا أَوْجَفْتُمْ عَلَيْهِ مِنْ خَيْلٍ وَلاَ رِكَابٍ } قَالَ صَالَحَ النَّبِيُّ صلى الله عليه وسلم أَهْلَ فَدَكَ وَقُرًى قَدْ سَمَّاهَا لاَ أَحْفَظُهَا وَهُوَ مُحَاصِرٌ قَوْمًا آخَرِينَ فَأَرْسَلُوا إِلَيْهِ بِالصُّلْحِ قَالَ { فَمَا أَوْجَفْتُمْ عَلَيْهِ مِنْ خَيْلٍ وَلاَ رِكَابٍ } يَقُولُ بِغَيْرِ قِتَالٍ قَالَ الزُّهْرِيُّ وَكَانَتْ بَنُو النَّضِيرِ لِلنَّبِيِّ صلى الله عليه وسلم خَالِصًا لَمْ يَفْتَحُوهَا عَنْوَةً افْتَتَحُوهَا عَلَى صُلْحٍ فَقَسَمَهَا النَّبِيُّ صلى الله عليه وسلم بَيْنَ الْمُهَاجِرِينَ لَمْ يُعْطِ الأَنْصَارَ مِنْهَا شَيْئًا إِلاَّ رَجُلَيْنِ كَانَتْ بِهِمَا حَاجَةٌ .
The Prophet (ﷺ) concluded the treaty of peace with the people of Fadak and townships which he named which I could not remember ; he blockaded some other people who sent a message to him for capitulation. He said: "For this you made no expedition with either cavalry or camelry" means without fighting. Al-Zuhri said: The Banu al-Nadir property was exclusively kept for the Prophet (ﷺ) ; they did not conquer it by fighting, but conquered it by capitulation. To Prophet (ﷺ) divided it among the Emigrants. He did not give anything to the Helpers except two men were needy.
Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah) - كتاب الخراج والإمارة والفىء
Narrated Umar ibn AbdulAziz:
حَدَّثَنَا عَبْدُ اللَّهِ بْنُ الْجَرَّاحِ، حَدَّثَنَا جَرِيرٌ، عَنِ الْمُغِيرَةِ، قَالَ جَمَعَ عُمَرُ بْنُ عَبْدِ الْعَزِيزِ بَنِي مَرْوَانَ حِينَ اسْتُخْلِفَ فَقَالَ إِنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم كَانَتْ لَهُ فَدَكُ فَكَانَ يُنْفِقُ مِنْهَا وَيَعُودُ مِنْهَا عَلَى صَغِيرِ بَنِي هَاشِمٍ وَيُزَوِّجُ مِنْهَا أَيِّمَهُمْ وَإِنَّ فَاطِمَةَ سَأَلَتْهُ أَنْ يَجْعَلَهَا لَهَا فَأَبَى فَكَانَتْ كَذَلِكَ فِي حَيَاةِ رَسُولِ اللَّهِ صلى الله عليه وسلم حَتَّى مَضَى لِسَبِيلِهِ فَلَمَّا أَنْ وَلِيَ أَبُو بَكْرٍ رضى الله عنه عَمِلَ فِيهَا بِمَا عَمِلَ النَّبِيُّ صلى الله عليه وسلم فِي حَيَاتِهِ حَتَّى مَضَى لِسَبِيلِهِ فَلَمَّا أَنْ وَلِيَ عُمَرُ عَمِلَ فِيهَا بِمِثْلِ مَا عَمِلاَ حَتَّى مَضَى لِسَبِيلِهِ ثُمَّ أَقْطَعَهَا مَرْوَانُ ثُمَّ صَارَتْ لِعُمَرَ بْنِ عَبْدِ الْعَزِيزِ قَالَ - يَعْنِي عُمَرَ بْنَ عَبْدِ الْعَزِيزِ - فَرَأَيْتُ أَمْرًا مَنَعَهُ رَسُولُ اللَّهِ صلى الله عليه وسلم فَاطِمَةَ عَلَيْهَا السَّلاَمُ لَيْسَ لِي بِحَقٍّ وَأَنَا أُشْهِدُكُمْ أَنِّي قَدْ رَدَدْتُهَا عَلَى مَا كَانَتْ يَعْنِي عَلَى عَهْدِ رَسُولِ اللَّهِ صلى الله عليه وسلم . قَالَ أَبُو دَاوُدَ وَلِيَ عُمَرُ بْنُ عَبْدِ الْعَزِيزِ الْخِلاَفَةَ وَغَلَّتُهُ أَرْبَعُونَ أَلْفَ دِينَارٍ وَتُوُفِّيَ وَغَلَّتُهُ أَرْبَعُمِائَةِ دِينَارٍ وَلَوْ بَقِيَ لَكَانَ أَقَلَّ .
Al-Mughirah (ibn Shu'bah) said: Umar ibn AbdulAziz gathered the family of Marwan when he was made caliph, and he said: Fadak belonged to the Messenger of Allah (ﷺ), and he made contributions from it, showing repeated kindness to the poor of the Banu Hashim from it, and supplying from it the cost of marriage for those who were unmarried. Fatimah asked him to give it to her, but he refused. That is how matters stood during the lifetime of the Messenger of Allah (ﷺ) till he passed on (i.e. died).
When AbuBakr was made ruler he administered it as the Prophet (ﷺ) had done in his lifetime till he passed on. Then when Umar ibn al-Khattab was made ruler he administered it as they had done till he passed on. Then it was given to Marwan as a fief, and it afterwards came to Umar ibn AbdulAziz.
Umar ibn AbdulAziz said: I consider I have no right to something which the Messenger of Allah (ﷺ) refused to Fatimah, and I call you to witness that I have restored it to its former condition; meaning in the time of the Messenger of Allah (ﷺ).
Abu Dawud said: When 'Umar b. 'Abd al-'Aziz was made caliph its revenue was forty thousand dinars, and when he died its revenue was four hundred dinars. Had he remained alive, it would have been less than it.
Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah) - كتاب الخراج والإمارة والفىء
Narrated AbuBakr:
حَدَّثَنَا عُثْمَانُ بْنُ أَبِي شَيْبَةَ، حَدَّثَنَا مُحَمَّدُ بْنُ الْفُضَيْلِ، عَنِ الْوَلِيدِ بْنِ جُمَيْعٍ، عَنْ أَبِي الطُّفَيْلِ، قَالَ جَاءَتْ فَاطِمَةُ رضى الله عنها إِلَى أَبِي بَكْرٍ رضى الله عنه تَطْلُبُ مِيرَاثَهَا مِنَ النَّبِيِّ صلى الله عليه وسلم قَالَ فَقَالَ أَبُو بَكْرٍ عَلَيْهِ السَّلاَمُ سَمِعْتُ رَسُولَ اللَّهِ صلى الله عليه وسلم يَقُولُ
" إِنَّ اللَّهَ عَزَّ وَجَلَّ إِذَا أَطْعَمَ نَبِيًّا طُعْمَةً فَهِيَ لِلَّذِي يَقُومُ مِنْ بَعْدِهِ " .
AbutTufayl said: Fatimah came to AbuBakr asking him for the inheritance of the Prophet (ﷺ). AbuBakr said: I heard the Messenger of Allah (ﷺ) say: If Allah, Most High, gives a Prophet some means of sustenance, that goes to his successor.
The Prophet (ﷺ) as saying: Do not distribute dinars among my heirs: Whatever I left after contribution to my wives and provisions for my governor is sadaqah (alms).
Abu Dawud said: 'Amil means the workers or laborers on the land (i.e. peasants).
Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah) - كتاب الخراج والإمارة والفىء
Narrated Umar ibn al-Khattab:
حَدَّثَنَا عَمْرُو بْنُ مَرْزُوقٍ، أَخْبَرَنَا شُعْبَةُ، عَنْ عَمْرِو بْنِ مُرَّةَ، عَنْ أَبِي الْبَخْتَرِيِّ، قَالَ سَمِعْتُ حَدِيثًا، مِنْ رَجُلٍ فَأَعْجَبَنِي فَقُلْتُ اكْتُبْهُ لِي فَأَتَى بِهِ مَكْتُوبًا مُذَبَّرًا دَخَلَ الْعَبَّاسُ وَعَلِيٌّ عَلَى عُمَرَ وَعِنْدَهُ طَلْحَةُ وَالزُّبَيْرُ وَعَبْدُ الرَّحْمَنِ وَسَعْدٌ وَهُمَا يَخْتَصِمَانِ فَقَالَ عُمَرُ لِطَلْحَةَ وَالزُّبَيْرِ وَعَبْدِ الرَّحْمَنِ وَسَعْدٍ أَلَمْ تَعْلَمُوا أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ
" كُلُّ مَالِ النَّبِيِّ صلى الله عليه وسلم صَدَقَةٌ إِلاَّ مَا أَطْعَمَهُ أَهْلَهُ وَكَسَاهُمْ إِنَّا لاَ نُورَثُ " . قَالُوا بَلَى . قَالَ فَكَانَ رَسُولُ اللَّهِ صلى الله عليه وسلم يُنْفِقُ مِنْ مَالِهِ عَلَى أَهْلِهِ وَيَتَصَدَّقُ بِفَضْلِهِ ثُمَّ تُوُفِّيَ رَسُولُ اللَّهِ صلى الله عليه وسلم فَوَلِيَهَا أَبُو بَكْرٍ سَنَتَيْنِ فَكَانَ يَصْنَعُ الَّذِي كَانَ يَصْنَعُ رَسُولُ اللَّهِ صلى الله عليه وسلم . ثُمَّ ذَكَرَ شَيْئًا مِنْ حَدِيثِ مَالِكِ بْنِ أَوْسٍ .
AbulBakhtari said: I heard from a man a tradition which I liked. I said to him: Write it down for me. So he brought it clearly written to me.
(It says): Al-Abbas and Ali entered upon Umar when Talhah, az-Zubayr, AbdurRahman and Sa'd were with him. They (Abbas and Ali) were disputing.
Umar said to Talhah, az-Zubayr, AbdurRahman and Sa'd: Do you not know that the Messenger of Allah (ﷺ) said: All the property of the Prophet (ﷺ) is sadaqah (alms), except what he provided for his family for their sustenance and their clothing. We are not to be inherited.
They said: Yes, indeed. He said: The Messenger of Allah (ﷺ) used to spend from his property on his family, and give the residue as sadaqah (alms). The Messenger of Allah (ﷺ) then died, and AbuBakr ruled for two years. He would deal with it in the same manner as the Messenger of Allah (ﷺ) did. He then mentioned a little from the tradition of Malik ibn Aws.
Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah) - كتاب الخراج والإمارة والفىء
Narrated 'Aishah:
حَدَّثَنَا الْقَعْنَبِيُّ، عَنْ مَالِكٍ، عَنِ ابْنِ شِهَابٍ، عَنْ عُرْوَةَ، عَنْ عَائِشَةَ، أَنَّهَا قَالَتْ إِنَّ أَزْوَاجَ النَّبِيِّ صلى الله عليه وسلم حِينَ تُوُفِّيَ رَسُولُ اللَّهِ صلى الله عليه وسلم أَرَدْنَ أَنْ يَبْعَثْنَ عُثْمَانَ بْنَ عَفَّانَ إِلَى أَبِي بَكْرٍ الصِّدِّيقِ فَيَسْأَلْنَهُ ثُمُنَهُنَّ مِنَ النَّبِيِّ صلى الله عليه وسلم فَقَالَتْ لَهُنَّ عَائِشَةُ أَلَيْسَ قَدْ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم
" لاَ نُورَثُ مَا تَرَكْنَا فَهُوَ صَدَقَةٌ " .
When the Messenger of Allah (ﷺ) died, the wives of the Prophet (ﷺ) intended to send 'Uthman b. 'Affan to Abu Bakr to ask him their cost of living from (the inheritance of) the Prophet (ﷺ). Thereupon 'Aishah said: Did not the Messenger of Allah (ﷺ) say: We are not inherited. Whatever we leave is sadaqah.
I said: Do you not fear Allah ? Did you not hear the Messenger of Allah (ﷺ) say: We are not inherited. Whatever we leave is sadaqah (alms). This property belongs to the family of Muhammad for their emergent needs and their guest. When I die, it will go to him who becomes ruler after me.
Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah) - كتاب الخراج والإمارة والفىء
Narrated Jubair b. Mut'im:
حَدَّثَنَا عُبَيْدُ اللَّهِ بْنُ عُمَرَ بْنِ مَيْسَرَةَ، حَدَّثَنَا عَبْدُ الرَّحْمَنِ بْنُ مَهْدِيٍّ، عَنْ عَبْدِ اللَّهِ بْنِ الْمُبَارَكِ، عَنْ يُونُسَ بْنِ يَزِيدَ، عَنِ الزُّهْرِيِّ، أَخْبَرَنِي سَعِيدُ بْنُ الْمُسَيَّبِ، أَخْبَرَنِي جُبَيْرُ بْنُ مُطْعِمٍ، أَنَّهُ جَاءَ هُوَ وَعُثْمَانُ بْنُ عَفَّانَ يُكَلِّمَانِ رَسُولَ اللَّهِ صلى الله عليه وسلم فِيمَا قَسَمَ مِنَ الْخُمُسِ بَيْنَ بَنِي هَاشِمٍ وَبَنِي الْمُطَّلِبِ فَقُلْتُ يَا رَسُولَ اللَّهِ قَسَمْتَ لإِخْوَانِنَا بَنِي الْمُطَّلِبِ وَلَمْ تُعْطِنَا شَيْئًا وَقَرَابَتُنَا وَقَرَابَتُهُمْ مِنْكَ وَاحِدَةٌ . فَقَالَ النَّبِيُّ صلى الله عليه وسلم
" إِنَّمَا بَنُو هَاشِمٍ وَبَنُو الْمُطَّلِبِ شَىْءٌ وَاحِدٌ " . قَالَ جُبَيْرٌ وَلَمْ يَقْسِمْ لِبَنِي عَبْدِ شَمْسٍ وَلاَ لِبَنِي نَوْفَلٍ مِنْ ذَلِكَ الْخُمُسِ كَمَا قَسَمَ لِبَنِي هَاشِمٍ وَبَنِي الْمُطَّلِبِ . قَالَ وَكَانَ أَبُو بَكْرٍ يَقْسِمُ الْخُمُسَ نَحْوَ قَسْمِ رَسُولِ اللَّهِ صلى الله عليه وسلم غَيْرَ أَنَّهُ لَمْ يَكُنْ يُعْطِي قُرْبَى رَسُولِ اللَّهِ صلى الله عليه وسلم مَا كَانَ النَّبِيُّ صلى الله عليه وسلم يُعْطِيهِمْ . قَالَ وَكَانَ عُمَرُ بْنُ الْخَطَّابِ يُعْطِيهِمْ مِنْهُ وَعُثْمَانُ بَعْدَهُ .
That he and 'Uthman b. 'Affan went to the Messenger of Allah (ﷺ) talking to him about the fifth which he divided among the Banu Hisham and Abu 'Abd al-Muttalib. I said: Messenger of Allah, you have divided (the fifth) among our brethren Banu 'Abd al-Muttalib, but you have not given us anything, though our relationship to you is the same as theirs. The Prophet (ﷺ) said: The Banu Hisham and the Banu 'Abd al-Muttalib are one. Jubair said: He did not divide the fifth among the Banu 'Abd Shams and the Banu Nawfal as he divided among the Banu Hashim and the Banu 'Abd al-Muttalib. He said: Abu Bakr used to divide the fifth like the division of Messenger of Allah (ﷺ) except that he did not give the relatives of the Messenger of Allah (ﷺ), as he gave them. 'Umar b. al-Khattab and 'Uthman after him used to give them (a portion) from it.
Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah) - كتاب الخراج والإمارة والفىء
Narrated Jubair b. Mu'tim:
حَدَّثَنَا عُبَيْدُ اللَّهِ بْنُ عُمَرَ، حَدَّثَنَا عُثْمَانُ بْنُ عُمَرَ، أَخْبَرَنِي يُونُسُ، عَنِ الزُّهْرِيِّ، عَنْ سَعِيدِ بْنِ الْمُسَيَّبِ، حَدَّثَنَا جُبَيْرُ بْنُ مُطْعِمٍ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم لَمْ يَقْسِمْ لِبَنِي عَبْدِ شَمْسٍ وَلاَ لِبَنِي نَوْفَلٍ مِنَ الْخُمُسِ شَيْئًا كَمَا قَسَمَ لِبَنِي هَاشِمٍ وَبَنِي الْمُطَّلِبِ . قَالَ وَكَانَ أَبُو بَكْرٍ يَقْسِمُ الْخُمُسَ نَحْوَ قَسْمِ رَسُولِ اللَّهِ صلى الله عليه وسلم غَيْرَ أَنَّهُ لَمْ يَكُنْ يُعْطِي قُرْبَى رَسُولِ اللَّهِ صلى الله عليه وسلم كَمَا كَانَ يُعْطِيهِمْ رَسُولُ اللَّهِ صلى الله عليه وسلم وَكَانَ عُمَرُ يُعْطِيهِمْ وَمَنْ كَانَ بَعْدَهُ مِنْهُمْ .
The Messenger of Allah (ﷺ) did not divide the fifth among the Banu 'Abd Shams and Banu Nawfal as he divided among the Banu Hashim and Banu 'Abd al-Muttalib. He said: Abu Bakr used to divide (the fifth) like the division of the Messenger of Allah (ﷺ), except that he did not give the relatives of the Messenger of Allah as the Messenger of Allah (ﷺ) himself gave them. 'Umar used to give them (from the fifth) and those who followed him.
Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah) - كتاب الخراج والإمارة والفىء
Narrated Jubair b. Mu'tim:
حَدَّثَنَا مُسَدَّدٌ، حَدَّثَنَا هُشَيْمٌ، عَنْ مُحَمَّدِ بْنِ إِسْحَاقَ، عَنِ الزُّهْرِيِّ، عَنْ سَعِيدِ بْنِ الْمُسَيَّبِ، أَخْبَرَنِي جُبَيْرُ بْنُ مُطْعِمٍ، قَالَ لَمَّا كَانَ يَوْمُ خَيْبَرَ وَضَعَ رَسُولُ اللَّهِ صلى الله عليه وسلم سَهْمَ ذِي الْقُرْبَى فِي بَنِي هَاشِمٍ وَبَنِي الْمُطَّلِبِ وَتَرَكَ بَنِي نَوْفَلٍ وَبَنِي عَبْدِ شَمْسٍ فَانْطَلَقْتُ أَنَا وَعُثْمَانُ بْنُ عَفَّانَ حَتَّى أَتَيْنَا النَّبِيَّ صلى الله عليه وسلم فَقُلْنَا يَا رَسُولَ اللَّهِ هَؤُلاَءِ بَنُو هَاشِمٍ لاَ نُنْكِرُ فَضْلَهُمْ لِلْمَوْضِعِ الَّذِي وَضَعَكَ اللَّهُ بِهِ مِنْهُمْ فَمَا بَالُ إِخْوَانِنَا بَنِي الْمُطَّلِبِ أَعْطَيْتَهُمْ وَتَرَكْتَنَا وَقَرَابَتُنَا وَاحِدَةٌ فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم
" أَنَا وَبَنُو الْمُطَّلِبِ لاَ نَفْتَرِقُ فِي جَاهِلِيَّةٍ وَلاَ إِسْلاَمٍ وَإِنَّمَا نَحْنُ وَهُمْ شَىْءٌ وَاحِدٌ " . وَشَبَّكَ بَيْنَ أَصَابِعِهِ .
On the day of Khaibar the Messenger of Allah (ﷺ) divided the portion to his relatives among the Banu Hashim and Banu 'Abd al-Muttalib, and omitted Banu Nawfal and Banu 'Abd Shams. So I and 'Utham b. 'Affan went to the Prophet (ﷺ) and we said: Messenger of Allah, these are Banu Hashim whose superiority we do not deny because if the position in which Allah has placed you in relation to them ; but tell us about Banu 'Abd al-Muttalib to whom you have given something while omitting us though our relationship is the same as theirs. The Messenger of Allah (ﷺ) said: There is no distinction between us and Banu 'Abd al-Muttalib in pre-Islamic days and in Islam. We and they are one, and he (ﷺ) intertwined his fingers.
Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah) - كتاب الخراج والإمارة والفىء
Narrated Abdullah ibn Abbas:
حَدَّثَنَا أَحْمَدُ بْنُ صَالِحٍ، حَدَّثَنَا عَنْبَسَةُ، حَدَّثَنَا يُونُسُ، عَنِ ابْنِ شِهَابٍ، أَخْبَرَنِي يَزِيدُ بْنُ هُرْمُزَ، أَنَّ نَجْدَةَ الْحَرُورِيَّ، حِينَ حَجَّ فِي فِتْنَةِ ابْنِ الزُّبَيْرِ أَرْسَلَ إِلَى ابْنِ عَبَّاسٍ يَسْأَلُهُ عَنْ سَهْمِ ذِي الْقُرْبَى وَيَقُولُ لِمَنْ تَرَاهُ قَالَ ابْنُ عَبَّاسٍ لِقُرْبَى رَسُولِ اللَّهِ صلى الله عليه وسلم قَسَمَهُ لَهُمْ رَسُولُ اللَّهِ صلى الله عليه وسلم وَقَدْ كَانَ عُمَرُ عَرَضَ عَلَيْنَا مِنْ ذَلِكَ عَرْضًا رَأَيْنَاهُ دُونَ حَقِّنَا فَرَدَدْنَاهُ عَلَيْهِ وَأَبَيْنَا أَنْ نَقْبَلَهُ .
Yazid ibn Hurmuz said that when Najdah al-Haruri performed hajj during the rule of Ibn az-Zubayr, he sent someone to Ibn Abbas to ask him about the portion of the relatives (in the fifth). He asked: For whom do you think? Ibn Abbas replied: For the relatives of the Messenger of Allah (ﷺ). The Messenger of Allah (ﷺ) divided it among them. Umar presented it to us but we found it less than our right. We, therefore returned it to him and refused to accept it.
Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah) - كتاب الخراج والإمارة والفىء
Narrated 'Abd al-Rahman b. Abi Laila:
حَدَّثَنَا عَبَّاسُ بْنُ عَبْدِ الْعَظِيمِ، حَدَّثَنَا يَحْيَى بْنُ أَبِي بُكَيْرٍ، حَدَّثَنَا أَبُو جَعْفَرٍ الرَّازِيُّ، عَنْ مُطَرِّفٍ، عَنْ عَبْدِ الرَّحْمَنِ بْنِ أَبِي لَيْلَى، قَالَ سَمِعْتُ عَلِيًّا، يَقُولُ وَلاَّنِي رَسُولُ اللَّهِ صلى الله عليه وسلم خُمُسَ الْخُمُسِ فَوَضَعْتُهُ مَوَاضِعَهُ حَيَاةَ رَسُولِ اللَّهِ صلى الله عليه وسلم وَحَيَاةَ أَبِي بَكْرٍ وَحَيَاةَ عُمَرَ فَأُتِيَ بِمَالٍ فَدَعَانِي فَقَالَ خُذْهُ . فَقُلْتُ لاَ أُرِيدُهُ . قَالَ خُذْهُ فَأَنْتُمْ أَحَقُّ بِهِ . قُلْتُ قَدِ اسْتَغْنَيْنَا عَنْهُ فَجَعَلَهُ فِي بَيْتِ الْمَالِ .
I heard 'Ali say: The Messenger of Allah (ﷺ) assigned me the fifth (of the booty). I spent it on its beneficiaries during the lifetime of the Messenger of Allah (ﷺ) and Abu Bakr and of 'Umar. Some property was brought to him ('Umar) and he called me and said: Take it. I said: I dod not want it. He said: Take it ; you have right to it. I said: We do not need it. So he deposited in the government treasury.
I, al-Abbas, Fatimah and Zayd ibn Harithah gathered with the Prophet (ﷺ) and I said: Messenger of Allah, if you think to assign us our right (portion) in this fifth ( of the booty) as mentioned in the Book of Allah, and this I may divide during your lifetime so that no one may dispute me after you, then do it. He said: He did that. He said: I divided it during the lifetime of the Messenger of Allah (ﷺ). AbuBakr then assigned it to me. During the last days of the caliphate of Umar a good deal of property came to him and took out our portion. I said to him: We are well to do this year; but the Muslims are needy, so return it to them. He, therefore, returned it to them. No one called me after Umar. I met al-Abbas when I came out from Umar. He said: Ali, today you have deprived us of a thing that will never be returned to us. He was indeed a man of wisdom.
Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah) - كتاب الخراج والإمارة والفىء
Narrated AbdulMuttalib ibn Rabi'ah ibn al-Harith:
حَدَّثَنَا أَحْمَدُ بْنُ صَالِحٍ، حَدَّثَنَا عَنْبَسَةُ، حَدَّثَنَا يُونُسُ، عَنِ ابْنِ شِهَابٍ، أَخْبَرَنِي عَبْدُ اللَّهِ بْنُ الْحَارِثِ بْنِ نَوْفَلٍ الْهَاشِمِيُّ، أَنَّ عَبْدَ الْمُطَّلِبِ بْنَ رَبِيعَةَ بْنِ الْحَارِثِ بْنِ عَبْدِ الْمُطَّلِبِ، أَخْبَرَهُ أَنَّ أَبَاهُ رَبِيعَةَ بْنَ الْحَارِثِ وَعَبَّاسَ بْنَ عَبْدِ الْمُطَّلِبِ قَالاَ لِعَبْدِ الْمُطَّلِبِ بْنِ رَبِيعَةَ وَلِلْفَضْلِ بْنِ عَبَّاسٍ ائْتِيَا رَسُولَ اللَّهِ صلى الله عليه وسلم فَقُولاَ لَهُ يَا رَسُولَ اللَّهِ قَدْ بَلَغْنَا مِنَ السِّنِّ مَا تَرَى وَأَحْبَبْنَا أَنْ نَتَزَوَّجَ وَأَنْتَ يَا رَسُولَ اللَّهِ أَبَرُّ النَّاسِ وَأَوْصَلُهُمْ وَلَيْسَ عِنْدَ أَبَوَيْنَا مَا يُصْدِقَانِ عَنَّا فَاسْتَعْمِلْنَا يَا رَسُولَ اللَّهِ عَلَى الصَّدَقَاتِ فَلْنُؤَدِّ إِلَيْكَ مَا يُؤَدِّي الْعُمَّالُ وَلْنُصِبْ مَا كَانَ فِيهَا مِنْ مِرْفَقٍ . قَالَ فَأَتَى إِلَيْنَا عَلِيُّ بْنُ أَبِي طَالِبٍ وَنَحْنُ عَلَى تِلْكَ الْحَالِ فَقَالَ لَنَا إِنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ " لاَ وَاللَّهِ لاَ نَسْتَعْمِلُ مِنْكُمْ أَحَدًا عَلَى الصَّدَقَةِ " . فَقَالَ لَهُ رَبِيعَةُ هَذَا مِنْ أَمْرِكَ قَدْ نِلْتَ صِهْرَ رَسُولِ اللَّهِ صلى الله عليه وسلم فَلَمْ نَحْسُدْكَ عَلَيْهِ . فَأَلْقَى عَلِيٌّ رِدَاءَهُ ثُمَّ اضْطَجَعَ عَلَيْهِ فَقَالَ أَنَا أَبُو حَسَنٍ الْقَرْمُ وَاللَّهِ لاَ أَرِيمُ حَتَّى يَرْجِعَ إِلَيْكُمَا ابْنَاكُمَا بِجَوَابِ مَا بَعَثْتُمَا بِهِ إِلَى النَّبِيِّ صلى الله عليه وسلم . قَالَ عَبْدُ الْمُطَّلِبِ فَانْطَلَقْتُ أَنَا وَالْفَضْلُ إِلَى بَابِ حُجْرَةِ النَّبِيِّ صلى الله عليه وسلم حَتَّى نُوَافِقَ صَلاَةَ الظُّهْرِ قَدْ قَامَتْ فَصَلَّيْنَا مَعَ النَّاسِ ثُمَّ أَسْرَعْتُ أَنَا وَالْفَضْلُ إِلَى بَابِ حُجْرَةِ النَّبِيِّ صلى الله عليه وسلم وَهُوَ يَوْمَئِذٍ عِنْدَ زَيْنَبَ بِنْتِ جَحْشٍ فَقُمْنَا بِالْبَابِ حَتَّى أَتَى رَسُولُ اللَّهِ صلى الله عليه وسلم فَأَخَذَ بِأُذُنِي وَأُذُنِ الْفَضْلِ ثُمَّ قَالَ أَخْرِجَا مَا تُصَرِّرَانِ ثُمَّ دَخَلَ فَأَذِنَ لِي وَلِلْفَضْلِ فَدَخَلْنَا فَتَوَاكَلْنَا الْكَلاَمَ قَلِيلاً ثُمَّ كَلَّمْتُهُ أَوْ كَلَّمَهُ الْفَضْلُ - قَدْ شَكَّ فِي ذَلِكَ عَبْدُ اللَّهِ - قَالَ كَلَّمَهُ بِالأَمْرِ الَّذِي أَمَرَنَا بِهِ أَبَوَانَا فَسَكَتَ رَسُولُ اللَّهِ صلى الله عليه وسلم سَاعَةً وَرَفَعَ بَصَرَهُ قِبَلَ سَقْفِ الْبَيْتِ حَتَّى طَالَ عَلَيْنَا أَنَّهُ لاَ يَرْجِعُ إِلَيْنَا شَيْئًا حَتَّى رَأَيْنَا زَيْنَبَ تَلْمَعُ مِنْ وَرَاءِ الْحِجَابِ بِيَدِهَا تُرِيدُ أَنْ لاَ تَعْجَلاَ وَإِنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم فِي أَمْرِنَا ثُمَّ خَفَّضَ رَسُولُ اللَّهِ صلى الله عليه وسلم رَأْسَهُ فَقَالَ لَنَا " إِنَّ هَذِهِ الصَّدَقَةَ إِنَّمَا هِيَ أَوْسَاخُ النَّاسِ وَإِنَّهَا لاَ تَحِلُّ لِمُحَمَّدٍ وَلاَ لآلِ مُحَمَّدٍ ادْعُوا لِي نَوْفَلَ بْنَ الْحَارِثِ " . فَدُعِيَ لَهُ نَوْفَلُ بْنُ الْحَارِثِ فَقَالَ " يَا نَوْفَلُ أَنْكِحْ عَبْدَ الْمُطَّلِبِ " . فَأَنْكَحَنِي نَوْفَلٌ ثُمَّ قَالَ النَّبِيُّ صلى الله عليه وسلم " ادْعُوا لِي مَحْمِيَةَ بْنَ جَزْءٍ " . وَهُوَ رَجُلٌ مِنْ بَنِي زُبَيْدٍ كَانَ رَسُولُ اللَّهِ صلى الله عليه وسلم اسْتَعْمَلَهُ عَلَى الأَخْمَاسِ فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم لِمَحْمِيَةَ " أَنْكِحِ الْفَضْلَ " . فَأَنْكَحَهُ ثُمَّ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " قُمْ فَأَصْدِقْ عَنْهُمَا مِنَ الْخُمُسِ كَذَا وَكَذَا " . لَمْ يُسَمِّهِ لِي عَبْدُ اللَّهِ بْنُ الْحَارِثِ .
AbdulMuttalib ibn Rabi'ah ibn al-Harith said that his father, Rabi'ah ibn al-Harith, and Abbas ibn al-Muttalib said to AbdulMuttalib ibn Rabi'ah and al-Fadl ibn Abbas: Go to the Messenger of Allah (ﷺ) and tell him: Messenger of Allah, we are now of age as you see, and we wish to marry. Messenger of Allah, you are the kindest of the people and the most skilled in matchmaking. Our fathers have nothing with which to pay our dower. So appoint us collector of sadaqah (zakat), Messenger of Allah, and we shall give you what the other collectors give you, and we shall have the benefit accruing from it. Ali came to us while we were in this condition.
He said: The Messenger of Allah (ﷺ) said: No, I swear by Allah, he will not appoint any of you collector of sadaqah (zakat).
Rabi'ah said to him: This is your condition; you have gained your relationship with the Messenger of Allah (ﷺ) by marriage, but we did not grudge you that. Ali then put his cloak on the earth and lay on it.
He then said: I am the father of Hasan, the chief. I swear by Allah, I shall not leave this place until your sons come with a reply (to the question) for which you have sent them to the Prophet (ﷺ).
AbdulMuttalib said: So I and al-Fadl went towards the door of the apartment of the Prophet (ﷺ). We found that the noon prayer in congregation had already started. So we prayed along with the people. I and al-Fadl then hastened towards the door of the apartment of the Prophet (ﷺ). He was (staying) with Zaynab, daughter of Jahsh, that day. We stood until the Messenger of Allah (ﷺ) came. He caught my ear and the ear of al-Fadl.
He then said: Reveal what you conceal in your hearts. He then entered and permitted me and al-Fadl (to enter). So we entered and for a little while we asked each other to talk. I then talked to him, or al-Fadl talked to him (the narrator, Abdullah was not sure).
He said: He spoke to him concerning the matter about which our fathers ordered us to ask him. The Messenger of Allah (ﷺ) remained silent for a moment and raised his eyes towards the ceiling of the room. He took so long that we thought he would not give any reply to us. Meanwhile we saw that Zaynab was signalling to us with her hand from behind the veil, asking us not to be in a hurry, and that the Messenger of Allah (ﷺ) was (thinking) about our matter.
The Messenger of Allah (ﷺ) then lowered his head and said to us: This sadaqah (zakat) is a dirt of the people. It is legal neither for Muhammad nor for the family of Muhammad. Call Nawfal ibn al-Harith to me. So Nawfal ibn al-Harith was called to him.
He said: Nawfal, marry AbdulMuttalib (to your daughter). So Nawfal married me (to his daughter).
The Prophet (ﷺ) then said: Call Mahmiyyah ibn Jaz'i to me. He was a man of Banu Zubayd, whom the Messenger of Allah (ﷺ) had appointed collector of the fifths.
The Messenger of Allah (ﷺ) said to Mahmiyyah: Marry al-Fadl (to your daughter). So he married him to her. The Messenger of Allah (ﷺ) said: Stand up and pay the dower from the fifth so-and-so on their behalf. Abdullah ibn al-Harith did not name it (i.e. the amount of the dower).
Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah) - كتاب الخراج والإمارة والفىء
حَدَّثَنَا أَحْمَدُ بْنُ صَالِحٍ، حَدَّثَنَا عَنْبَسَةُ بْنُ خَالِدٍ، حَدَّثَنَا يُونُسُ، عَنِ ابْنِ شِهَابٍ، أَخْبَرَنِي عَلِيُّ بْنُ حُسَيْنٍ، أَنَّ حُسَيْنَ بْنَ عَلِيٍّ، أَخْبَرَهُ أَنَّ عَلِيَّ بْنَ أَبِي طَالِبٍ قَالَ كَانَتْ لِي شَارِفٌ مِنْ نَصِيبِي مِنَ الْمَغْنَمِ يَوْمَ بَدْرٍ وَكَانَ رَسُولُ اللَّهِ صلى الله عليه وسلم أَعْطَانِي شَارِفًا مِنَ الْخُمُسِ يَوْمَئِذٍ فَلَمَّا أَرَدْتُ أَنْ أَبْنِيَ بِفَاطِمَةَ بِنْتِ رَسُولِ اللَّهِ صلى الله عليه وسلم وَاعَدْتُ رَجُلاً صَوَّاغًا مِنْ بَنِي قَيْنُقَاعَ أَنْ يَرْتَحِلَ مَعِي فَنَأْتِيَ بِإِذْخِرٍ أَرَدْتُ أَنْ أَبِيعَهُ مِنَ الصَّوَّاغِينَ فَأَسْتَعِينَ بِهِ فِي وَلِيمَةِ عُرْسِي فَبَيْنَا أَنَا أَجْمَعُ لِشَارِفَىَّ مَتَاعًا مِنَ الأَقْتَابِ وَالْغَرَائِرِ وَالْحِبَالِ - وَشَارِفَاىَ مُنَاخَانِ إِلَى جَنْبِ حُجْرَةِ رَجُلٍ مِنَ الأَنْصَارِ - أَقْبَلْتُ حِينَ جَمَعْتُ مَا جَمَعْتُ فَإِذَا بِشَارِفَىَّ قَدِ اجْتُبَّتْ أَسْنِمَتُهُمَا وَبُقِرَتْ خَوَاصِرُهُمَا وَأُخِذَ مِنْ أَكْبَادِهِمَا فَلَمْ أَمْلِكْ عَيْنَىَّ حِينَ رَأَيْتُ ذَلِكَ الْمَنْظَرَ فَقُلْتُ مَنْ فَعَلَ هَذَا قَالُوا فَعَلَهُ حَمْزَةُ بْنُ عَبْدِ الْمُطَّلِبِ وَهُوَ فِي هَذَا الْبَيْتِ فِي شَرْبٍ مِنَ الأَنْصَارِ غَنَّتْهُ قَيْنَةٌ وَأَصْحَابَهُ فَقَالَتْ فِي غِنَائِهَا أَلاَ يَا حَمْزُ لِلشُّرُفِ النِّوَاءِ فَوَثَبَ إِلَى السَّيْفِ فَاجْتَبَّ أَسْنِمَتَهُمَا وَبَقَرَ خَوَاصِرَهُمَا وَأَخَذَ مِنْ أَكْبَادِهِمَا . قَالَ عَلِيٌّ فَانْطَلَقْتُ حَتَّى أَدْخُلَ عَلَى رَسُولِ اللَّهِ صلى الله عليه وسلم وَعِنْدَهُ زَيْدُ بْنُ حَارِثَةَ قَالَ فَعَرَفَ رَسُولُ اللَّهِ صلى الله عليه وسلم الَّذِي لَقِيتُ فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم
" مَا لَكَ " . قَالَ قُلْتُ يَا رَسُولَ اللَّهِ مَا رَأَيْتُ كَالْيَوْمِ عَدَا حَمْزَةُ عَلَى نَاقَتَىَّ فَاجْتَبَّ أَسْنِمَتَهُمَا وَبَقَرَ خَوَاصِرَهُمَا وَهَا هُوَ ذَا فِي بَيْتٍ مَعَهُ شَرْبٌ فَدَعَا رَسُولُ اللَّهِ صلى الله عليه وسلم بِرِدَائِهِ فَارْتَدَاهُ ثُمَّ انْطَلَقَ يَمْشِي وَاتَّبَعْتُهُ أَنَا وَزَيْدُ بْنُ حَارِثَةَ حَتَّى جَاءَ الْبَيْتَ الَّذِي فِيهِ حَمْزَةُ فَاسْتَأْذَنَ فَأُذِنَ لَهُ فَإِذَا هُمْ شَرْبٌ فَطَفِقَ رَسُولُ اللَّهِ صلى الله عليه وسلم يَلُومُ حَمْزَةَ فِيمَا فَعَلَ فَإِذَا حَمْزَةُ ثَمِلٌ مُحْمَرَّةٌ عَيْنَاهُ فَنَظَرَ حَمْزَةُ إِلَى رَسُولِ اللَّهِ صلى الله عليه وسلم ثُمَّ صَعَّدَ النَّظَرَ فَنَظَرَ إِلَى رُكْبَتَيْهِ ثُمَّ صَعَّدَ النَّظَرَ فَنَظَرَ إِلَى سُرَّتِهِ ثُمَّ صَعَّدَ النَّظَرَ فَنَظَرَ إِلَى وَجْهِهِ ثُمَّ قَالَ حَمْزَةُ وَهَلْ أَنْتُمْ إِلاَّ عَبِيدٌ لأَبِي فَعَرَفَ رَسُولُ اللَّهِ صلى الله عليه وسلم أَنَّهُ ثَمِلٌ فَنَكَصَ رَسُولُ اللَّهِ صلى الله عليه وسلم عَلَى عَقِبَيْهِ الْقَهْقَرَى فَخَرَجَ وَخَرَجْنَا مَعَهُ .
‘Ali bin Abi Talib said “I had an old she Camel that I got as my share from the booty on the day of Badr. The Apostle of Allaah(ﷺ) also gave me an old she camel from the fifth that day. When I intended to cohabit with Fathimah daughter of the Apostle of Allaah(ﷺ), I made arrangement with a man who was a goldsmith belonging to Banu Qainuqa’ to go with me so that we may bring grass. I intended to sell it to the goldsmith there by seeking help in my wedding feast. While I was collecting for my old Camels saddles, baskets and ropes both of she Camels were seated in a corner of the apartment of a man of the Ansar. When I collected what I collected (i.e., equipment) I turned (towards them). I suddenly found that the humps of she Camels were cut off and their hips were pierced and their lives were taken out. I could not control my eyes (to weep) when I saw that scene. I said “Who has done this?” They (the people) replied “Hamzah bin ‘Abd Al Muttalib”. He is among the drunkards of the Ansar in this house. A singing girl is singing for him and his Companions. While singing she said “Oh Hamza, rise to these plumpy old she Camels. So he jumped to the sword and cut off their humps, pierced their hips and took out their livers.” ‘Ali said “I went till I entered upon the Apostle of Allaah(ﷺ) while Zaid bin Harithah was with him.” The Apostle of Allaah(ﷺ) realized what I had met with. The Apostle of Allaah(ﷺ) aid “What is the matter with you?” I said Apostle of Allaah(ﷺ), I never saw the thing that happened with me today. Hamzah wronged my she Camels, he cut off their humps, pierced their hips. Lo! He is in a house with drunkards. The Apostle of Allaah(ﷺ) asked for his cloak. It was brought to him. He then went out, I and Zaid bin Harithah followed him until we reached the house where Hamzah was. He asked permission ( to entre). He was permitted. He found drunkards there. The Apostle of Allaah(ﷺ) began to rebuke him (Hamzah) for his action. Hamzah was intoxicated and his eyes were reddish. Hamzah looked at the Apostle of Allaah(ﷺ). He then raised his eyes and looked at his knees, he then raised his eyes and looked at his navel and he then raised his eyes and looked at his face. Hamzah then said “Are you but the salves of my father? Then the Apostle of Allaah(ﷺ) knew that he was intoxicated. So the Apostle of Allaah(ﷺ) moved backward. He then went out and we also went out with him.”
Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah) - كتاب الخراج والإمارة والفىء
حَدَّثَنَا أَحْمَدُ بْنُ صَالِحٍ، حَدَّثَنَا عَبْدُ اللَّهِ بْنُ وَهْبٍ، حَدَّثَنِي عَيَّاشُ بْنُ عُقْبَةَ الْحَضْرَمِيُّ، عَنِ الْفَضْلِ بْنِ الْحَسَنِ الضَّمْرِيِّ، أَنَّ أُمَّ الْحَكَمِ، أَوْ ضُبَاعَةَ ابْنَتَىِ الزُّبَيْرِ بْنِ عَبْدِ الْمُطَّلِبِ حَدَّثَتْهُ عَنْ إِحْدَاهُمَا أَنَّهَا قَالَتْ أَصَابَ رَسُولُ اللَّهِ صلى الله عليه وسلم سَبْيًا فَذَهَبْتُ أَنَا وَأُخْتِي وَفَاطِمَةُ بِنْتُ رَسُولِ اللَّهِ صلى الله عليه وسلم فَشَكَوْنَا إِلَيْهِ مَا نَحْنُ فِيهِ وَسَأَلْنَاهُ أَنْ يَأْمُرَ لَنَا بِشَىْءٍ مِنَ السَّبْىِ . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم
" سَبَقَكُنَّ يَتَامَى بَدْرٍ لَكِنْ سَأَدُلُّكُنَّ عَلَى مَا هُوَ خَيْرٌ لَكُنَّ مِنْ ذَلِكَ تُكَبِّرْنَ اللَّهَ عَلَى أَثَرِ كُلِّ صَلاَةٍ ثَلاَثًا وَثَلاَثِينَ تَكْبِيرَةً وَثَلاَثًا وَثَلاَثِينَ تَسْبِيحَةً وَثَلاَثًا وَثَلاَثِينَ تَحْمِيدَةً وَلاَ إِلَهَ إِلاَّ اللَّهُ وَحْدَهُ لاَ شَرِيكَ لَهُ لَهُ الْمُلْكُ وَلَهُ الْحَمْدُ وَهُوَ عَلَى كُلِّ شَىْءٍ قَدِيرٌ " . قَالَ عَيَّاشٌ وَهُمَا ابْنَتَا عَمِّ النَّبِيِّ صلى الله عليه وسلم .
Umm Al Hakam or Duba’ah daughters of Al Zibair bin ‘Abd Al Muttalib said “Some captives of war were brought to the Apostle of Allaah(ﷺ). I and my sister Fatimah, daughter of Apostle of Allaah(ﷺ) went (to the Prophet) and complained to him about our existing condition. We asked him to order (to give) us some captives. The Apostle of Allaah(ﷺ) said “the orphans of the people who were killed in the battle of Badr came before you (and they asked for the captives). But I tell you something better than that. You should utter “Allaah is Most Great” after each prayer thirty three times, “Glory be to Allaah” thirty three times, “Praise be to Allaah” thirty three times and “there is no god but Allaah alone, He has no associate, the Kingdom belongs to Him and praise is due to Him and He has power over all things.”
The narrator ‘Ayyash said “They were daughters of Uncle of the Prophet (ﷺ).”
Ibn A’bud said, ‘Ali said to me “May I not narrate you about me and Fathimah daughter of the Apostle of Allaah(ﷺ)? She was most favorite to him of his family.” I said “Yes”. He said “She pulled the grinding stone with her hand so much that it affected her hand, she carried water in a water bag so much so that it affected the upper portion of her chest, she swept the house so much so that her clothes became dirty. The Prophet (ﷺ) acquired some slaves”. So I said “Would that you go to your father and ask him for a slave. She then came to him and found some people with him talking to him. She therefore returned. Next day she came again. He asked (her), what was your need? But she kept silence. So I said, I inform you, Apostle of Allaah(ﷺ). She pulled grinding stone so much that it affected her hand, she carried water bag so much so that it affected the upper portion of her chest. When the slaves were brought to you I asked her to come to you and to ask you for a slave to save her from the exertion she is suffering.” He said “Fear Allaah, Fathimah and perform the duty of your Lord and do the work of your family.” When you go to bed say “Glory be to Allaah” thirty three times, “Praise be to Allaah” thirty three times, “Allaah is Most Great” thirty four times. This is hundred times. That will be better for you than a servant. She said “I am pleased with Allaah, Most High and with his Apostle (ﷺ).”
The tradition mentioned above has also been transmitted by ‘Ali bin Hussain through a different chain of narrators. This version adds “He (the Prophet) did not provide her with a slave.”
Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah) - كتاب الخراج والإمارة والفىء
Narrated Mujja'ah ibn Mirarah al-Yamani:
حَدَّثَنَا مُحَمَّدُ بْنُ عِيسَى، حَدَّثَنَا عَنْبَسَةُ بْنُ عَبْدِ الْوَاحِدِ الْقُرَشِيُّ، قَالَ أَبُو جَعْفَرٍ - يَعْنِي ابْنَ عِيسَى - كُنَّا نَقُولُ إِنَّهُ مِنَ الأَبْدَالِ قَبْلَ أَنْ نَسْمَعَ أَنَّ الأَبْدَالَ مِنَ الْمَوَالِي قَالَ حَدَّثَنِي الدَّخِيلُ بْنُ إِيَاسِ بْنِ نُوحِ بْنِ مُجَّاعَةَ عَنْ هِلاَلِ بْنِ سِرَاجِ بْنِ مُجَّاعَةَ عَنْ أَبِيهِ عَنْ جَدِّهِ مُجَّاعَةَ أَنَّهُ أَتَى النَّبِيَّ صلى الله عليه وسلم يَطْلُبُ دِيَةَ أَخِيهِ قَتَلَتْهُ بَنُو سَدُوسٍ مِنْ بَنِي ذُهْلٍ . فَقَالَ النَّبِيُّ صلى الله عليه وسلم " لَوْ كُنْتُ جَاعِلاً لِمُشْرِكٍ دِيَةً جَعَلْتُ لأَخِيكَ وَلَكِنْ سَأُعْطِيكَ مِنْهُ عُقْبَى " . فَكَتَبَ لَهُ النَّبِيُّ صلى الله عليه وسلم بِمِائَةٍ مِنَ الإِبِلِ مِنْ أَوَّلِ خُمُسٍ يَخْرُجُ مِنْ مُشْرِكِي بَنِي ذُهْلٍ فَأَخَذَ طَائِفَةً مِنْهَا وَأَسْلَمَتْ بَنُو ذُهْلٍ فَطَلَبَهَا بَعْدُ مُجَّاعَةُ إِلَى أَبِي بَكْرٍ وَأَتَاهُ بِكِتَابِ النَّبِيِّ صلى الله عليه وسلم فَكَتَبَ لَهُ أَبُو بَكْرٍ بِاثْنَىْ عَشَرَ أَلْفَ صَاعٍ مِنْ صَدَقَةِ الْيَمَامَةِ أَرْبَعَةِ آلاَفٍ بُرًّا وَأَرْبَعَةِ آلاَفٍ شَعِيرًا وَأَرْبَعَةِ آلاَفٍ تَمْرًا وَكَانَ فِي كِتَابِ النَّبِيِّ صلى الله عليه وسلم لِمُجَّاعَةَ " بِسْمِ اللَّهِ الرَّحْمَنِ الرَّحِيمِ هَذَا كِتَابٌ مِنْ مُحَمَّدٍ النَّبِيِّ لِمُجَّاعَةَ بْنِ مُرَارَةَ مِنْ بَنِي سُلْمَى إِنِّي أَعْطَيْتُهُ مِائَةً مِنَ الإِبِلِ مِنْ أَوَّلِ خُمُسٍ يَخْرُجُ مِنْ مُشْرِكِي بَنِي ذُهْلٍ عُقْبَةً مِنْ أَخِيهِ " .
Mujja'ah went to the Prophet (ﷺ) asking him for the blood-money of his brother whom Banu Sadus from Banu Dhuhl had killed.
The Prophet (ﷺ) said: Had I appointed blood-money for a polytheist, I should have appointed it for your brother. But I shall give you compensation for him. So the Prophet (ﷺ) wrote (a document) for him that he should be given a hundred camels which were to be acquired from the fifth taken from the polytheists of Banu Dhuhl. So he took a part of them, for Banu Dhuhl embraced Islam.
He then asked AbuBakr for them later on, and brought to him the document of the Prophet (ﷺ). So AbuBakr wrote for him that he should be given one thousand two hundred sa's from the sadaqah of al-Yamamah; four thousand (sa's) of wheat, four thousand (sa's) of barley, and four thousand (sa's) of dates.
The text of the document written by the Prophet (ﷺ) for Mujja'ah was as follows: "In the name of Allah, the Beneficent, the Merciful. This document is from Muhammad, the Prophet, to Mujja'ah ibn Mirarah of Banu Sulma. I have given him one hundred camels from the first fifth acquired from the polytheist of Banu Dhuhl as a compensation for his brother."
Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah) - كتاب الخراج والإمارة والفىء
حَدَّثَنَا مُحَمَّدُ بْنُ كَثِيرٍ، أَخْبَرَنَا سُفْيَانُ، عَنْ مُطَرِّفٍ، عَنْ عَامِرٍ الشَّعْبِيِّ، قَالَ كَانَ لِلنَّبِيِّ صلى الله عليه وسلم سَهْمٌ يُدْعَى الصَّفِيَّ إِنْ شَاءَ عَبْدًا وَإِنْ شَاءَ أَمَةً وَإِنْ شَاءَ فَرَسًا يَخْتَارُهُ قَبْلَ الْخُمُسِ .
‘Amir Al Sha’bi said “The Prophet (ﷺ) had a special portion in the booty called safi. This would be a slave if he desired or a slave girl if he desired or a horse if he desired. He would choose it before taking out the fifth.”
Ibn ‘Awn said “I asked Muhammad about the portion of the prophet(ﷺ) and safi. He replied “A portion was taken for him along with the Muslims, even if he did not attend (the battle) and safi (special portion) was taken from the fifth before everything.”
Qatadah said “When the Apostle of Allaah(ﷺ) participated in battle there was for him a special portion which he took from where he desired. Safiyyah was from that portion. But when he did not participate himself in his battle, a portion was taken out for him, but he had no choice.”
Anas bin Malik said “We came to Khaibar. We bestowed the conquest of fortress (on us), the beauty of Safiyyah daughter of Huyayy was mentioned to him (the Prophet). Her husband was killed (in the battle) and she was a bride. The Apostle of Allaah(ﷺ) chose her for himself. He came out with her till we reached Sadd Al Sahba’ where she was purified. So he cohabited with her.
Anas said “A beautiful slave girl fell to Dihyah”. The Apostle of Allaah(ﷺ) purchased her for seven slaves. He then gave her to Umm Sulaim for decorating her and preparing her for marriage. The narrator Hammad said, I think he said “Safiyyah daughter of Huyayy should pass her waiting period in her (Umm Sulaims’) house.”
Anas said “Captives were gathered at Khaibar. Dihyah came out and said “Apostle of Allaah(ﷺ) give me a slave girl from the captives.” He said “Go and take a slave girl. He took Safiyyah daughter of Huyayy. A man then came to the Prophet (ﷺ) and said “You gave Safiyyah daughter of Huyayy, chief lady of Quraizah and Al Nadir to Dihyah? This is according to the version of Ya’qub. Then the agreed version goes “she is worthy of you.” He said “call him along with her. When the Prophet (ﷺ) looked at her, he said to him “take another slave girl from the captives. The Prophet (ﷺ) then set her free and married her.
We were at Mirbad. A man with dishevelled hair and holding a piece of red skin in his hand came.
We said: You appear to be a bedouin. He said: Yes. We said: Give us this piece of skin in your hand. He then gave it to us and we read it. It contained the text: "From Muhammad, Messenger of Allah (ﷺ), to Banu Zuhayr ibn Uqaysh. If you bear witness that there is no god but Allah, and that Muhammad is the Messenger of Allah, offer prayer, pay zakat, pay the fifth from the booty, and the portion of the Prophet (ﷺ) and his special portion (safi), you will be under by the protection of Allah and His Apostle."
We then asked: Who wrote this document for you? He replied: The Messenger of Allah (ﷺ).
Tribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai' Wal-Imarah) - كتاب الخراج والإمارة والفىء
حَدَّثَنَا مُحَمَّدُ بْنُ يَحْيَى بْنِ فَارِسٍ، أَنَّ الْحَكَمَ بْنَ نَافِعٍ، حَدَّثَهُمْ قَالَ أَخْبَرَنَا شُعَيْبٌ، عَنِ الزُّهْرِيِّ، عَنْ عَبْدِ الرَّحْمَنِ بْنِ عَبْدِ اللَّهِ بْنِ كَعْبِ بْنِ مَالِكٍ، عَنْ أَبِيهِ، - وَكَانَ أَحَدَ الثَّلاَثَةِ الَّذِينَ تِيبَ عَلَيْهِمْ - وَكَانَ كَعْبُ بْنُ الأَشْرَفِ يَهْجُو النَّبِيَّ صلى الله عليه وسلم وَيُحَرِّضُ عَلَيْهِ كُفَّارَ قُرَيْشٍ وَكَانَ النَّبِيُّ صلى الله عليه وسلم حِينَ قَدِمَ الْمَدِينَةَ وَأَهْلُهَا أَخْلاَطٌ مِنْهُمُ الْمُسْلِمُونَ وَالْمُشْرِكُونَ يَعْبُدُونَ الأَوْثَانَ وَالْيَهُودُ وَكَانُوا يُؤْذُونَ النَّبِيَّ صلى الله عليه وسلم وَأَصْحَابَهُ فَأَمَرَ اللَّهُ عَزَّ وَجَلَّ نَبِيَّهُ بِالصَّبْرِ وَالْعَفْوِ فَفِيهِمْ أَنْزَلَ اللَّهُ { وَلَتَسْمَعُنَّ مِنَ الَّذِينَ أُوتُوا الْكِتَابَ مِنْ قَبْلِكُمْ } الآيَةَ فَلَمَّا أَبَى كَعْبُ بْنُ الأَشْرَفِ أَنْ يَنْزِعَ عَنْ أَذَى النَّبِيِّ صلى الله عليه وسلم أَمَرَ النَّبِيُّ صلى الله عليه وسلم سَعْدَ بْنَ مُعَاذٍ أَنْ يَبْعَثَ رَهْطًا يَقْتُلُونَهُ فَبَعَثَ مُحَمَّدَ بْنَ مَسْلَمَةَ وَذَكَرَ قِصَّةَ قَتْلِهِ فَلَمَّا قَتَلُوهُ فَزِعَتِ الْيَهُودُ وَالْمُشْرِكُونَ فَغَدَوْا عَلَى النَّبِيِّ صلى الله عليه وسلم فَقَالُوا طُرِقَ صَاحِبُنَا فَقُتِلَ . فَذَكَرَ لَهُمُ النَّبِيُّ صلى الله عليه وسلم الَّذِي كَانَ يَقُولُ وَدَعَاهُمُ النَّبِيُّ صلى الله عليه وسلم إِلَى أَنْ يَكْتُبَ بَيْنَهُ وَبَيْنَهُمْ كِتَابًا يَنْتَهُونَ إِلَى مَا فِيهِ فَكَتَبَ النَّبِيُّ صلى الله عليه وسلم بَيْنَهُ وَبَيْنَهُمْ وَبَيْنَ الْمُسْلِمِينَ عَامَّةً صَحِيفَةً .
Ka’ab bin Malik who was one of those whose repentance was accepted said “Ka’ab bin Al Ashraf used to satire the Prophet (ﷺ) and incited the infidels of the Quraish against him. When the Prophet (ﷺ) came to Madeena, its people were intermixed, some of them were Muslims and others polytheists aho worshipped idols and some were Jews. They used to hurt the Prophet (ﷺ) and his Companions. Then Allaah Most High commanded His Prophet to show patience and forgiveness. So Allaah revealed about them “And ye shall certainly hear much that will grieve you from those who receive Book before you”. When Ka’ab bin Al Ashraf refused to desist from hurting the Prophet (ﷺ) the Prophet(ﷺ) ordered Sa’d bin Mu’adh to send a band to kill him. He sent Muhammad bin Maslamah and mentioned the story of his murder. When they killed him, the Jews and the polytheist were frightened. Next day they came to the Prophet (ﷺ) and said “Our Companions were attacked and night and killed.” The Prophet(ﷺ) informed them about that which he would say. The Prophet (ﷺ) then called them so that he could write a deed of agreement between him and them and they should fulfill its provisions and desist from hurting him. He then wrote a deed of agreement between him and them and the Muslims in general.”