No requital is payable for a wound caused by an animal, for (falling into) a well and a mine, and one-fifth (is the share of the government) in the buried treasure (treasure-trove).
If the people were given according to their claims, they would claim the lives of persons and their properties, but the oath must be taken by the defendant.
You bring to me, for (judgment) your disputes, some of you perhaps being more eloquent in their plea than others, so I give judgment on their behalf according to what I hear from them. (Bear in mind, in my judgment) if I slice off anything for him from the right of his brother, he should not accept that, for I sliced off for him a portion from the Hell.
Hind. the daughter of 'Utba, wife of Abu Sufyan, came to Allah's Messenger (ﷺ) and said: Abu Sufyan is a miserly person. He does not give adequate maintenance for me and my children, but (I am constrained) to take from his wealth (some part of it) without his knowledge. Is there any sin for me? Thereupon Allah's Messenger (ﷺ) said: Take from his property what is customary which may suffice you and your children.
Verily Allah likes three things for you and He disapproves three things for you. He is pleased with you that you worship Him and associate nor anything with Him, that you hold fast the rope of Allah, and be not scattered; and He disapproves for you irrelevant talk, persistent questioning ane the wasting of wealth.
When a judge gives a decision, having tried his best to decide correctly and is right, there are two rewards for him; and if he gave a judgment after having tried his best (to arrive at a correct decision) but erred, there is one reward for him.
My father dictated (and I wrote for him) to Ubaidullah b. Abu Bakra while he was the judge of Sijistan: Do not judge between two persons when you are angry, for I have heard Allah's Messenger (ﷺ) as saying: None of you should judge between two persons when he is angry.
While two women had been going along witn their two sons, a wolf came and made away with the child of one of them. One of them said to her companion: It is with your child that it (the wolf) has run away The other one said: It has run away with your child. They brought the matter to (Hadrat) Dawud (David) for decision and he made a decision in favour of the elder one. They then went to Sulaiman b. Dawud (may there be peace upon both of them) and told them (the story). He said: Bring me a knife so that I may cut him (the child) (into two parts) for you. The younger one said: No, it can't be, may Allah have mercy upon you, he (the child) belongs to her (the elder). So he gave a decision in favour of the younger one. abu Huraira said: If ever I heard of the word as-sikin at all, it was that day. We called it by no other name but al-Mudya.
Abu Huraira reported (so many) ahadith of Allah's Messenger (ﷺ), and one of them is this: A person bought from another person a piece of land, and the person who had, bought that land found in it an earthen ware which contained gold. The person who had bought the land said (to the seller of the land): Take your gold from me, for I bought only the land from you and not the gold. The man who had sold the land said: I sold the land to you and whatever was in it. They referred the matter to a person. One who was made as a judge said to them: Have you any issue? One of them said: I have a boy, and the other said: I have a young daughter He (the judge) said: Marry this young boy with the girl, and spend something on yourselves and also give (some) charity out of it.
A man came to Allah's Apostle (ﷺ) and asked him about picking up of stray articles. He said: Recognise (well) its bag and the strap (by which it is tied) then make announcement of that for a year. If its owner comes (within this time return that to him), otherwise it is yours. He (again) said: (What about) the lost goat? Thereupon he (the Holy Prophet) said: It is yours or for your brother, or for the wolf. He said: (What about) the lost camel? Thereupon he said: You have nothing to do with it; it has a leather bag along with it, and its shoes also. It comes to the watering-place, eats (the leaves of the) trees until its master finds him.
I heard Sowaid b. Ghafala say: I went out, and also Zaid b. Suhan and Salman b. Rabi'a for Jihad, and I found a whip and took it up. They said to me: Leave it. I said: No. but I will make announcement of it and if its owner comes (then I will return that), otherwise I will use it, and I refused them. When we returned from Jihad. by a good fortune for me, I performed Pilgrimage. I came to Medina and met Ubayy b. Ka'b, and related to him the affair of the whip and their opinion (the opinion of Zaid b. Suhan and Salman b. Rabi'a) about it (i. e. I should throw it). Thereupon he said: I found a money bag during the lifetime of Allah's Messenger (ﷺ) which contained one hundred dinars. I came to him along with it, and he said: Make an announcement of it for one year; so I announced it, but did not find anyone who could (claim it after) recognising it. I again came to him and he said: Make announcement for one year. So I made announcement of it, but I found none who could recognise it. I came to him he said: Make announcement of it for one year. I made announcement of that but did not find one who could recognise it, whereupon he said: Preserve (in your mind) its number, its bag and its strap, and if its owner comes (then return that to him), otherwise make use of it. So I made use of that. I (Shu'ba) met him (Salama b. Kuhail) after this in Mecca, and he said: I do not know whether he said three years or one year.
None (of you) should milk the animal of another, but with his permission. Does any one of you like that his chamber be raided, and his vaults be broken, and his foodstuff be removed? Verily the treasures for them (those who keep animals) are the udders of the animals which feed them. So none of you should milk the animal of another but with his permission.
We said to Allah's Messenger (ﷺ): You send us out and we come to the people who do not give us hospitality, so what is your opinion? Thereupon Allah's Messenger (ﷺ) said: If you come to the people who order for you what is befitting a guest, accept it; but if they do not. take from them what befits them to give to a guest.
While we were with the Messenger of Allah (ﷺ) on a journey, a person came upon his mount and began to stare on the right and on the left, (it was at this moment) that Allah's Messenger (ﷺ) said: He who has an extra mount should give that to one who has no mount for him, and he who has surplus of provisions should give them to him who has no provisions, and he made mention of so many kinds of wealth until we were of the opinion that none of us has any right over the surplus.
USC-MSA web (English) reference : Book 18, Hadith 4290
Hadith 1729
Chapter 6: The Book of Lost Property - كتاب اللقطة
Iyas b. Salama reported on the authority of his father:
حَدَّثَنِي أَحْمَدُ بْنُ يُوسُفَ الأَزْدِيُّ، حَدَّثَنَا النَّضْرُ، - يَعْنِي ابْنَ مُحَمَّدٍ الْيَمَامِيَّ - حَدَّثَنَا عِكْرِمَةُ، - وَهُوَ ابْنُ عَمَّارٍ - حَدَّثَنَا إِيَاسُ بْنُ سَلَمَةَ، عَنْ أَبِيهِ، قَالَ خَرَجْنَا مَعَ رَسُولِ اللَّهِ صلى الله عليه وسلم فِي غَزْوَةٍ فَأَصَابَنَا جَهْدٌ حَتَّى هَمَمْنَا أَنْ نَنْحَرَ بَعْضَ ظَهْرِنَا فَأَمَرَ نَبِيُّ اللَّهِ صلى الله عليه وسلم فَجَمَعْنَا مَزَاوِدَنَا فَبَسَطْنَا لَهُ نِطَعًا فَاجْتَمَعَ زَادُ الْقَوْمِ عَلَى النِّطَعِ قَالَ فَتَطَاوَلْتُ لأَحْزُرَهُ كَمْ هُوَ فَحَزَرْتُهُ كَرَبْضَةِ الْعَنْزِ وَنَحْنُ أَرْبَعَ عَشْرَةَ مِائَةً قَالَ فَأَكَلْنَا حَتَّى شَبِعْنَا جَمِيعًا ثُمَّ حَشَوْنَا جُرُبَنَا فَقَالَ نَبِيُّ اللَّهِ صلى الله عليه وسلم " فَهَلْ مِنْ وَضُوءٍ " . قَالَ فَجَاءَ رَجُلٌ بِإِدَاوَةٍ لَهُ فِيهَا نُطْفَةٌ فَأَفْرَغَهَا فِي قَدَحٍ فَتَوَضَّأْنَا كُلُّنَا نُدَغْفِقُهُ دَغْفَقَةً أَرْبَعَ عَشْرَةَ مِائَةً . قَالَ ثُمَّ جَاءَ بَعْدَ ذَلِكَ ثَمَانِيَةٌ فَقَالُوا هَلْ مِنْ طَهُورٍ فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " فَرِغَ الْوَضُوءُ " .
We set out on an expedition with, Allah's Messenger (ﷺ). We faced hardship (in getting provisions) until we decided to slaughter some of our riding animals. Allah's Apostle (ﷺ), commanded us to pool our provisions of food. So we spread a sheet of leather and the provisions of the people were collected on it. I stretched myself to measure how much that was (the length and breadth of the sheet on which the provisions were laid). I measured it and (found) that it was (in length and breadth) of (so much size) on which a goat could sit. We were fourteen hundred persons. We (all) ate until we were fully satisfied and then filled our bags with provisions. Then Allah's Apostle (ﷺ) said: Is there any water for performing ablution. Then there came a man with a small bucket containing some water. He threw it in a basin. We all fourteen hundred persons performed ablution using the water in plenty. Then there came after that eight persons and they said: Is there any water to perform ablution? Thereupon Allah's Messenger (ﷺ) said: The ablution has already been performed.
I wrote to Nafi' inquiring from him whether it was necessary to extend (to the disbelievers) an invitation to accept (Islam) before meeting them in fight. He wrote (in reply) to me that it was necessary in the early days of Islam. The Messenger of Allah (ﷺ) made a raid upon Banu Mustaliq while they were unaware and their cattle were having a drink at the water. He killed those who fought and imprisoned others. On that very day, he captured Juwairiya bint al-Harith. Nafi' said that this tradition was related to him by Abdullah b. Umar who (himself) was among the raiding troops.
USC-MSA web (English) reference : Book 19, Hadith 4292
Hadith 1731
Chapter 32: The Book of Jihad and Expeditions - كتاب الجهاد والسير
It has been reported from Sulaiman b. Buraida through his father that when the Messenger of Allah (ﷺ) appointed anyone as leader of an army or detachment he would especially exhort him to fear Allah and to be good to the Muslims who were with him. He would say:
Fight in the name of Allah and in the way of Allah. Fight against those who disbelieve in Allah. Make a holy war, do not embezzle the spoils; do not break your pledge; and do not mutilate (the dead) bodies; do not kill the children. When you meet your enemies who are polytheists, invite them to three courses of action. If they respond to any one of these, you also accept it and withhold yourself from doing them any harm. Invite them to (accept) Islam; if they respond to you, accept it from them and desist from fighting against them. Then invite them to migrate from their lands to the land of the Muhajireen and inform them that, if they do so, they shall have all the privileges and obligations of the Muhajireen. If they refuse to migrate, tell them that they will have the status of Bedouin Muslims and will be subjected to the Commands of Allah like other Muslims, but they will not get any share from the spoils of war or Fai' except when they actually fight with the Muslims (against the disbelievers). If they refuse to accept Islam, demand from them the Jizya. If they agree to pay, accept it from them and hold off your hands. If they refuse to pay the tax, seek Allah's help and fight them. When you lay siege to a fort and the besieged appeal to you for protection in the name of Allah and His Prophet, do not accord to them the guarantee of Allah and His Prophet, but accord to them your own guarantee and the guarantee of your companions for it is a lesser sin that the security given by you or your companions be disregarded than that the security granted in the name of Allah and His Prophet be violated. When you besiege a fort and the besieged want you to let them out in accordance with Allah's Command, do not let them come out in accordance with His Command, but do so at your (own) command, for you do not know whether or not you will be able to carry out Allah's behest with regard to them.
USC-MSA web (English) reference : Book 19, Hadith 4297
Hadith 1733
Chapter 32: The Book of Jihad and Expeditions - كتاب الجهاد والسير
It has also been narrated by Sa'd b. Abu Burda through his father through his grandfather that the Prophet of Allah (ﷺ) sent him and Mu'adh (on a mission) to the Yemen, and said (by way of advising them):
Show leniency (to the people) ; don't be hard upon them; give them glad tidings (of Divine favours in this world and the Hereafter) ; and do not create aversion. Work in collaboration and don't be divided.