Chapter 62. Book of Khumus

I: The obligation of the khumus

2925. It is related that 'Ali said, "I received an old she-camel in my share of the booty of the Battle of Badr and the Prophet, may Allah bless him and grant him peace, had also given me an old she-camel from the khumus. When I wanted to marry Fatima, peace be upon her, the daughter of the Messenger of Allah,may Allah bless him and grant him peace, I arranged with a goldsmith of the Banu Qaynuqa' to travel with me to bring some idhkhir -herb which I intended to sell to the goldsmiths and use the proceeds for my wedding feast. While I was collecting gear for my camels in saddles, sacks and ropes, my camels were kneeling beside the room of a man of the Ansar. I returned when I had gathered what I gathered and there were my two camels with their humps cut off and their sides split open and some of their livers taken. I could not control my tears when I saw them in that state and I asked, 'Who has done this?' They replied, 'Hamza ibn 'Abdu'l-Muttalib did it. He is in this room with some of the Ansar who are drinking.'

"I went to the Prophet, may Allah bless him and grant him peace. Zayd ibn Haritha was with him. The Prophet, may Allah bless him and grant him peace, recognised my distress in my face and the Prophet. may Allah bless him and grant him peace, asked, 'What is wrong with you?' I answered, 'Messenger of Allah, I have never seen such a day as today. Hamza attacked my two camels and cut off their humps and slit open their sides. He is in a house with some drinkers.' The Prophet, may Allah bless him and grant him peace, called for his cloak and put it on and then went on foot, and I and Zayd ibn Haritha followed him until he reached the house where Hamza was. He asked for permission to enter and they gave him permission. They were drunk. The Messenger of Allah, may Allah bless him and grant him peace, began to rebuke Hamza for what he had done. Hamza was intoxicated and his eyes were red. Hamza looked at the Messenger of Allah, may Allah bless him and grant him peace, and then he raised his eyes and looked at his knees, and then he raised his eyes and looked at his navel and then he raised his eyes and looked at his face. Then Hamza asked, 'Are you not my father's slaves?' The Messenger of Allah, may Allah bless him and grant him peace, saw that he was drunk, and so the Messenger of Allah, may Allah bless him and grant him peace, withdrew and we went out with him.'"

2926. It is related that 'A'isha, Umm al-Mu'minin, reported that Fatima, peace be upon her, the daughter of the Messenger of Allah, may Allah bless him and grant him peace, asked Abu Bakr as-Siddiq after the death of the Messenger of Allah, may Allah bless him and grant him peace, for her her share of the inheritance from what the Messenger of Allah, may Allah bless him and grant him peace, left of the spoils which Allah had given him. Abu Bakr said, "The Prophet, may Allah bless him and grant him peace, said, 'We do not leave inheritance. What we leave is sadaqa.'" Fatima, the daughter of the Messenger of Allah, got angry and disassociated herself from Abu Bakr. She remained disassociated from him until she died. She lived for six months after the Messenger of Allah, may Allah bless him and grant him peace."

She said, "Fatima asked Abu Bakr for her share of what the Messenger of Allah, may Allah bless him and grant him peace, left of Khaybar and Fadak and his sadaqa in Madina. Abu Bakr refused to give her that and said, 'I will not abandon anything that the Messenger of Allah, may Allah bless him and grant him peace, used to do. I follow that. I fear that if I were to abandon some of his business, I would swerve. ' As for the sadaqa in Madina. 'Umar gave it to 'Ali and 'Abbas, and as for Khaybar and Fadak, 'Umar kept them and said, 'These two are the sadaqa of the Messenger of Allah, may Allah bless him and grant him peace, which were for the rights and events which arose. Their business passes to the one in authority."

Az-Zuhri observed, "They are still like that today."

2927. It is related that Malik ibn Aws said, "I was sitting with my family when the sun was up and the day was very hot when the messenger of 'Umar ibn al-Khattab came to me and said, 'Respond to the Amir al-Mu'minin!' I went with him and entered where 'Umar was. He was sitting on a bed of palm-leaves and there was no mattress between him and it. He was leaning on a leather cushion. I greeted him and then sat down. He said, 'O Malik! some of your people with families came to me and I have ordered a gift for them. Take it and distribute it among them.' I said, 'Amir al-Mu'minin! I wish that you would command someone else to do it.' He said, 'Take it, man!'

"While I was sitting there with him, his chamberlain Yarfa' came and asked, 'Will you admit 'Uthman, 'Abdu'r-Rahman ibn 'Awf, az-Zubayr, and Sa'd ibn al-Waqqas who are asking permission to enter?' He said, 'Yes.' He gave them permission and they entered and greeted him and sat down. Then Yarfa' sat for a short time and then he asked, 'Will you admit 'Ali and 'Abbas?' He said, 'Yes.' He gave them permission and they entered and greeted and sat down. 'Abbas said, 'Amir al-Mu'minin! Judge between me and this one!' They had a disagreement about the spoils which Allah had given His Messenger from the Banu'n-Nadir. The group, 'Uthman and his companions, said, 'O Amir al-Mu'minin! Judge between them and give them relief from one another.' 'Umar said, 'Be patient. I adjure you by Allah by whose permission the heaven and earth subsist, do you know that the Messenger of Allah, may Allah bless him and grant him peace, said, "We do not leave inheritance. What we leave is sadaqa," and that the Messenger of Allah, may Allah bless him and grant him peace, meant himself?' The group agreed, 'He said that.' 'Umar turned to 'Ali and 'Abbas and said, 'I adjure you by Allah, did the Messenger of Allah, may Allah bless him and grant him peace, say that?' They replied, 'He said that.' 'Umar said, 'I will talk to you about this matter. Allah singled out His Messenger, may Allah bless him and grant him peace, for these spoils with something which he did not give anyone else. Then he recited, "Whatever booty from them Allah has given to His Messenger; and you spurred on neither horse nor camel in its acquisition, but Allah gives power to His Messengers over anyone He wills, Allah has power over all things." (59:6) He said, "That was specially for the Messenger of Allah, may Allah bless him and grant him peace. By Allah, he did not appropriate it to your exclusion, and he did not prefer himself with it over you. He gave it to you and distributed it among you until only this property remained of it. The Messenger of Allah, may Allah bless him and grant him peace, used to spend a year's maintenance on his family from this property. Then he made what remained the property of Allah. The Messenger of Allah, may Allah bless him and grant him peace, did that during his lifetime. I adjure by Allah, do you know that?' They answered, 'Yes.' Then he said to 'Ali and 'Abbas, 'I adjure you by Allah, do you know that?'

"'Umar continued, 'Then Allah took His Prophet, may Allah bless him and grant him peace, and Abu Bakr said, "I am the successor of the Prophet, may Allah bless him and grant him peace.' So Abu Bakr took it and acted with it as the Messenger of Allah, may Allah bless him and grant him peace, had acted. Allah knows best that in it he was truthful, good, rightly-guided, following the truth. Then Allah took Abu Bakr and I am the successor of Abu Bakr. I held it under my control for two years during which I acted in it as the Messenger of Allah, may Allah bless him and grant him peace, had acted and as Abu Bakr had acted. Allah knows best that I was truthful, good, right-guided, following the truth in it. Then you two came to talk to me, and you both said the same thing and presented the same case. 'Abbas, you came to me to ask me for your share from your nephew, and this one - meaning 'Ali - came to me to seek his wife's share from her father. I told you both that the Messenger of Allah, may Allah bless him and grant him peace, said, "We do not leave inheritance. What we leave is sadaqa," Then I thought it best to hand it over to you and I said, "If you wish, I will hand it over to you on the basis that you take the pledge and pact of Allah to act in it as the Messenger of Allah, may Allah bless him and grant him peace, acted in it and as Abu Bakr acted in it and as I acted in it since I took charge," and you both said, "Hand it over to us," and I handed it over to you on that basis. I adjure you by Allah, did I give it to them on that basis?' The group said, 'Yes.' Then he turned to 'Ali and 'Abbas and said, 'I adjure you by Allah, did I give it to you on that basis?' They answered, 'Yes.' He said, 'So are you now seeking from me a decision other than that? By Allah by whose permission the heaven and earth subsist, I would not give a decision in it other than that! If you are incapable of it, then give it to me and I will spare you of it.'"

II: Payment of the khumus is part of the deen

2928. It is related that Ibn 'Abbas was heard to say, "The delegation of Banu'l-Qays came and said, 'O Messenger of Allah, We are from the tribe of Rabi'a. The unbelievers of Mudar are situated between us and you. We can only come to you in the sacred month Give us some instructions to which we can summon those we left behind, He said, 'I command you to do four things and forbade you to do four things: to believe in Allah, to testify that there is no god but Allah,' and he pointed with his hand, 'to establish the prayers, to pay the zakat, to fast Ramadan and to pay the khums (fifth) to Allah from the booty you take. I forbid you: dubba', naqir, hantam, and muzaffat.'"

[These are vessels used for fermentation of drinks.]

III: The maintenance of the wives of the Prophet, may Allah bless him and grant him peace, after his death

2929. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "My heirs do not divide up a dinar. Whatever I leave after the maintenance of my wives and payment of my workers is sadaqa."

2930. It is related that 'A'isha said, "The Messenger of Allah, may Allah bless him and grant him peace, died and there was nothing in my house which a living thing could eat, except some barley on a shelf of mine. I ate from it until it seemed a long time, and then I measured it and then it finished."

2931. It is related that 'Amr ibn al-Harith was heard to say, "The Prophet, may Allah bless him and grant him peace, only left his weapons, his white mule, and some land which he left as sadaqa."

IV: What has come about the rooms of the wives of the Prophet, may Allah bless him and grant him peace, and the rooms which were ascribed to them

The words of Allah Almighty, "Remain in your houses," (33:33) and "Do not go into the Prophet's rooms except when you are invited." (33:53)

2932. It is related that 'A'isha, the wife of the Prophet, said, "When the illness of the Prophet, may Allah bless him and grant him peace, became severe, he asked his wives for permission to be nursed in my room and they gave him their permission."

2933. It is related that 'A'isha said, "The Prophet, may Allah bless him and grant him peace, died in my room and on my day on the upper part of my chest, and Allah joined my saliva and his." She said, "'Abdu'r-Rahman came in with a siwak, but the Prophet, may Allah bless him and grant him peace, was too weak to use it. So I took it and chewed it and he cleaned his teeth with it."

2934. It is related from 'Ali ibn al-Husayn that Safiyya, the wife of the Prophet, reported to him that she went to visit the Messenger of Allah, may Allah bless him and grant him peace, while he was doing i'tikaf in the mosque during the last ten days of Ramadan and then got up to return home. The Prophet, may Allah bless him and grant him peace, got up and accompanied her to the door of the mosque near the door of Umm Salama. Two men of the Ansar passed by and greeted the Prophet, may Allah bless him and grant him peace, and then passed on. The Messenger of Allah, may Allah bless him and grant him peace, said to them, "Take it easy!" They said, "Glory be to Allah, Messenger of Allah" (what he said) having affected them strongly. The Prophet, may Allah bless him and grant him peace, said, "Shaytan gets to everywhere in a man that his blood gets to and I feared that he might cast something into your hearts."

2935. It is related that 'Abdullah ibn 'Umar said, "I went up above Hafsa's room and saw the Prophet, may Allah bless him and grant him peace, answering the call of nature, with his back to qibla, facing Syria."

2936. It is related that 'A'isha said, "The Messenger of Allah, may Allah bless him and grant him peace, used to pray 'Asr when the sun had not yet left her room."

2937. It is related that 'Abdullah said, "The Prophet, may Allah bless him and grant him peace, got up to speak and pointing towards 'A'isha's dwelling, said, 'From here comes trial' three times, 'where the horn of Shaytan appears.'"

2938. It is related from 'Amra bint 'Abdu'r-Rahman that 'A'isha, the wife of the Prophet, may Allah bless him and grant him peace, informed her that the Messenger of Allah, may Allah bless him and grant him peace, was with her and she heard the sound of a man asking permission to enter the house of Hafsa. ['A'isha said,] "I said, 'Messenger of Allah, this man is asking permission to enter your house.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'I think it is so-and-so,' the uncle of Hafsa by suckling. Suckling makes unlawful what birth makes unlawful."

V: What is mentioned about the armour of the Prophet, his staff, sword, cup and ring, and what the Khalifs after him used of that which was not mentioned as having been distributed, and about his hair, sandals, and utensils which his Companions and others considred to have blessing after his death

2939. It is related from Anas that when Abu Bakr became khalif, he sent him to Bahrayn and wrote this letter for him and sealed it with the seal of the Prophet, may Allah bless him and grant him peace. Three lines were engraved on the seal: 'Muhammad' on one line, 'Messenger' on one line, and 'of Allah' on one line."

2940. It is related that 'Isa ibn Tahman said, "Anas brought out to us two worn leather sandals with straps. Afterwards Thabit al-Bannani told me from Anas that they were the sandals of the Prophet, may Allah bless him and grant him peace."

2941. It is related that Abu Burda said, "'A'isha brought out to me a patched garment and said, 'In was in this garment that the soul of the Prophet, may Allah bless him and grant him peace, departed.'" Abu Burda said, "'A'isha brought us to us a thick wrapper of the type made in Yemen, and a garment of this type which is called al-mulabbada."

2942. It is related from Anas ibn Malik that the cup of the Prophet, may Allah bless him and grant him peace, broke and he mended the place of the crack with a silver wire." 'Asim said, "I saw the cup and drank from it."

2943. It is related from 'Ali ibn al-Husayn that when they arrived in Madina from Yazid ibn Mu'awiya after the killing of Husayn ibn 'Ali, may Allah have mercy on him, al-Miswar ibn Makhrama met him and asked him, "Do you need anything from me which you order me to do ?" He said to him, "No." He said to him, "Will you give me the sword of the Messenger of Allah, may Allah bless him and grant him peace? I am afraid that the people will take it from you by force. By Allah, if you give it to me, it will never be taken from me until I breathe my last!"

['Ali said,] "When 'Ali ibn Abi Talib proposed to the daughter of Abu Jahl while he was married to Fatima, peace be upon her, I heard the Messenger of Allah, may Allah bless him and grant him peace, addressing the people about that on this minbar of his and on that day I had reached puberty. He said, 'Fatima is from me and I fear that she will be tested in her deen.' Then he mentioned an in-law of his from the Banu 'Abdu Shams and praised him as an in-law, and said, 'He spoke to me and told the truth. He promised me and kept his promise. I do not make the lawful unlawful and I do not make the unlawful lawful but, by Allah, the daughter of the Messenger of Allah, may Allah bless him and grant him peace, and the daughter of the enemy of Allah will not be joined together.'"

[The in-law was Abu'l-'As, the husband of Zaynab.]

2944. It is related that [Muhammad] ibn al-Hanafiyya said, "If 'Ali had mentioned anything not good about 'Uthman, he would have mentioned him regarding the day when some people came to him and complained about the zakat collectors of 'Uthman. 'Ali said to me, 'Go to 'Uthman and tell him: this [document] contains [the rules of] the zakat of the Messenger of Allah, may Allah bless him and grant him peace, so command your agents to act according to it.' I brought it to him and he stated, 'I have no need it.' I took it to 'Ali and informed him and he said, 'Put it back where you took it from.'"

It is related from Ibn al-Hanafiyya who said, "My father sent me: 'Take this letter and take it to 'Uthman. It contains the command of the Prophet, may Allah bless him and grant him peace, regarding zakat.'"

[The hadith actually has sadaqa rather than zakat, as the terms were used interchangeably at that time.

Muhammad ibn al-Hanafiyya was the son of 'Ali.]

VI: The evidence that the khumus is for the needs of the Messenger of Allah, may Allah bless him and grant him peace, and the poor. The preference of the Prophet, may Allah bless him and grant him peace, for the People of the Suffa and widows. When Fatima complained to him about grinding and milling and asked him to give her a servant from the captives, he told her to trust in Allah

2945. It is related from 'Ali, "Fatima, peace be upon her, complained of what she endured from the mill for grinding, and she heard that the Messenger of Allah, may Allah bless him and grant him peace, had taken captives. She went to him to ask for a servant but did not find him. She mentioned it to 'A'isha. When the Prophet, may Allah bless him and grant him peace, came, 'A'isha mentioned that to him. He came to him when we had gone to bed and we went to get up and he said, 'Stay where you are' until I felt the coolness of his feet on my chest. He said, 'Shall I indicate to you two what is better than what you asked for? When you go to bed, say "Allah is greater" thirty-four times, "Praise be to Allah" thirty-three times, and "Glory be to Allah" thirty-three times. That is better for you than what you asked for.'"

VII: The words of Allah Almighty, "A fifth of it belongs to Allah and to the Messenger," (8:41),

i.e. the Messenger was to distribute that. The Messenger of Allah, may Allah bless him and grant him peace, said, "I am the distributor and the treasurer, and it is Allah who gives."

2946. It is related that Jabir ibn 'Abdullah said, "A man of us among the Ansar had a boy born to him, and he wanted to name him Muhammad." Shu'ba said in the hadith of Mansur, "The Ansari said, 'I put him on my shoulder and took him to the Prophet, may Allah bless him and grant him peace,." In the hadith of Sulayman, "A boy was born to him and he wanted to name him Muhammad. He said, 'Name yourselves with my name but do not use my kunya. I have been made a distributor to divide things between you.'" Husayn said, "I was sent as a distributor to divide between you." Jabir said, "He meant that he wanted to call him al-Qasim and the Prophet, may Allah bless him and grant him peace, said, 'Name yourselves with my name but do not use my kunya.'"

2947. It is related that Jabir ibn 'Abdullah al-Ansari said, "A man among us had a boy born to him and he named him al-Qasim. The Ansar said, 'We will not give you the kunya of Abu'l-Qasim and we will not delight you with that.' He went to the Prophet, may Allah bless him and grant him peace, and said, 'Messenger of Allah, a boy was born to me and I called him al-Qasim. The Ansar said to me, "We will not give you the kunya of Abu'l-Qasim and we will not delight you with that."' The Prophet, may Allah bless him and grant him peace, said, ''Name yourselves with my name but do not use my kunya. I am Qasim.'"

2948. It is related that Mu'awiya was heard to say that the Messenger of Allah, may Allah bless him and grant him peace, said, "When Allah desires good for someone, He gives him correct understanding in the deen. Allah gives, and I am a distributor. This community will continue to defeat those who oppose them until the command of Allah comes, and they will be victorious."

2949. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "I do not give to you nor deny you. I am a distributor who puts it where I am commanded."

2950. It is related that Khawla al-Ansariyya said, "I heard the Prophet, may Allah bless him and grant him peace, say, 'Men who spend out the property of Allah without due right will go to the Fire on the Day of Rising."

VIII: The words of the Prophet, may Allah bless him and grant him peace, "Booty has been made lawful for you."

Allah Almighty says, "Allah has promised you much booty which you will take." (48:20) It was undefined until the Messenger, may Allah bless him and grant him peace, clarified it.

2951. It is related from 'Urwa al-Bariqi that the Prophet, may Allah bless him and grant him peace, said, "Good will remain tied to the forelocks of horses until the Day of Rising."

2952. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Then Chosroes will be destroyed and there will be no Chosroes after him. Then Caesar will be destroyed and there will be no Caesar after him. By the One in whose hand my soul is, you will spend their treasures in the way of Allah."

2953. It is related that Jabir ibn Samura said that the Messenger of Allah, may Allah bless him and grant him peace, said, "Then Chosroes will be destroyed and there will be no Chosroes after him. Then Caesar will be destroyed and there will be no Caesar after him. By the One in whose hand my soul is, you will spend their treasures in the way of Allah."

2954. It is related that Jabir ibn 'Abdullah said that the Messenger of Allah, may Allah bless him and grant him peace, said, "Booty has been made lawful to me."

2955. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Allah has guaranteed that one who does jihad in His way and only goes forth for jihad in His Way with belief in His words will enter the Garden or return to his home from which he set out with what he obtained of reward or booty."

2956. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "One of the Prophets, may the blessings and peace of Allah be upon them, went on an expedition and said to his people, 'A man who has contracted a marriage with a woman and wants to consummate it but has not yet done so should not go with me, nor should anyone who has built a house and not yet raised its roof, nor anyone who has bought some sheep or pregnant she-camels and is waiting for them to give birth.' So he went on the expedition and approached the town at the time of the 'Asr prayer, or about that time. He said to the sun, 'You are under command and I am under command. O Allah, hold it back for us!' And it was held back until Allah gave him victory. He gathered the booty and it, i.e. the fire, came to consume it, but it did not consume it. He said, 'Some of you have stolen from the booty. A man from every tribe should come and give allegiance.' One man's hand stuck to his hand and he said, 'The theft is among you. Your tribe should give me allegiance.' The hands of two or three men stuck to his hand, and he said, 'The theft is among you.' So they brought a head made of gold looking like the head of a cow and put it down and the fire came and consumed it. Booty was not lawful for anyone before us. Then Allah made booty lawful for us. Allah saw our weakness and incapacity and so He made it lawful for us."

IX: Booty is for those who are present at the battle

2957. It is related that 'Umar said, "If it were not for future Muslims, I would have distributed every village I conquered among its people as the Prophet, may Allah bless him and grant him peace, distributed Khaybar."

X: Does someone who fights for the sake of booty have his reward decreased?

2958. It is related that Abu Musa al-Ash'ari said, "A desert Arab said to the Prophet, may Allah bless him and grant him peace, 'One man fights for booty, and one man fights for renown, and another fights so that his position will be seen. Who is truly in the way of Allah?' He said, 'The one who fights so that the word of Allah will be the uppermost is fighting in the way of Allah.'"

XI: The ruler distributes what is before him and sets aside the share of those who are not present or are absent

2959. It is related from 'Abdullah ibn Abi Mulayka that the Prophet, may Allah bless him and grant him peace, was given some silk cloaks with gold buttons and to divided them between some of his Companions and he put aside one for Makhrama ibn Nawfal. He came with his son, al-Miswar ibn Makhrama, and stood at the door and said, 'Call him for me.' The Prophet, may Allah bless him and grant him peace, heard his voice and took a cloak and gave it to him, saying, 'I kept this for you. I kept this for you.'"

It is related from al-Miswar, "Some cloaks came to the Prophet, may Allah bless him and grant him peace." Al-Layth corroborated it from Ibn Abi Mulayka.

XII: How the Prophet, may Allah bless him and grant him peace, distributed (the goods) of Qurayza and an-Nadir, and what he took of that for his needs

2960. It is related that Anas ibn Malik was heard to say, "A man would appoint for the Prophet, may Allah bless him and grant him peace, some of his palm-trees until he conquered Qurayza and an-Nadir. After that, he returned that to them."

XIII: The blessing in the property of the one who fought with the Prophet, may Allah bless him and grant him peace, and those in authority

2961. It is related that 'Abdullah ibn az-Zubayr said, "When az-Zubayr stood awaiting the Battle of the Camel, he called me over and I went to his side. He said, 'My son, no one will be killed today except someone wronging or someone wronged. I think that I will be killed today as one of the wronged. One of my greatest concerns is my debts. Do you think that any of our property will be left after our debts are settled?' He said, 'My son! Sell our property and pay my debts!. Then he willed away a third, and a third of it was to go to his sons (i.e. the sons of 'Abdullah ibn az-Zubayr). He said, 'A third of the third. If anything is left over of our property after paying the debts, then a third of it is for your children.' (Hisham said, "Some of the sons of 'Abdullah were the same age as the sons of az-Zubayr: Khubayb and 'Abbad. At that time he had nine sons and nine daughters.")" 'Abdullah said, "My father began to order me concerning his debts. He said, 'O my son, if you are unable to settle any of it, then ask my Master for help in doing it.' By Allah, I did not know what he meant so I said, 'O my father, who is your Master?' He said, 'Allah.' Whenever I ran into a difficulty regarding his debt I said, 'O Master of az-Zubayr! Pay his debt for him!' and He would settle it. Az-Zubayr was killed without leaving a single dinar or a dirham, but only two pieces of land, one of which was al-Ghaba, and eleven houses in Madina, two in Basra, one in Kufa, and one in Egypt." He said, "The debt that he owed resulted from people bringing him money to leave in his keeping. Az-Zubayr would say, 'No, let it rather be a loan, for otherwise I fear that it might get lost.' He was never appointed to a government post of any kind nor to the collection of land-tax (kharaj) nor anything else. What he had came only from expeditions with the Prophet, may Allah bless him and grant him peace, or with Abu Bakr, 'Umar and 'Uthman."

'Abdullah ibn az-Zubayr said, "When I worked out the debt he owed, I found it to be two million and two hundred thousand." Hakim ibn Hizam met 'Abdullah ibn az-Zubayr and said, "Nephew, how large a debt does my brother have?" I concealed it and said, "A hundred thousand." Hakim said, "By Allah, I do not think that your property will cover this amount." 'Abdullah said, "What would you think if it were two million and two hundred thousand?" He said, "I do not think you will be able to pay this. If you are unable to cover any of it, then ask me for help."

He said, "Az-Zubayr had purchased al-Ghaba for one hundred and seventy thousand, and 'Abdullah sold it for one million and six hundred thousand. Then he stood up and said, 'Anyone who is owed anything by az-Zubayr should come to us at al-Ghaba.' 'Abdullah ibn Ja'far came to him, and az-Zubayr owed him four hundred thousand. He said to 'Abdullah. 'If you like, I will forgo it.' 'Abdullah said, 'No.' He said, 'If you like, you can delay payment if you want to.' 'Abdullah said, 'No.'" He said, "He said, 'So allocate me a piece of land.' 'Abdullah said, 'You can have from here to there.' 'Abdullah sold some of it and paid his debts in full and there remained four and a half shares of the land. He went to Mu'awiya while 'Amr ibn 'Uthman, al-Mundhir ibn az-Zubayr and Ibn Zam'a were with him. Mu'awiya said, 'How much have you valued al-Ghaba at?' He said, 'Each share at a hundred thousand.' He said, 'How much remains?' He said, 'Four and half shares.' Al-Mundhir ibn az-Zubayr said, 'I will take a share for a hundred thousand.' 'Amr ibn 'Uthman said, 'I will take a share for a hundred thousand.' Ibn Zam'a said, 'I will take a share for a hundred thousand.' Mu'awiya said, 'How much remains?' He said, 'A share and a half.' He said, 'I will take them for one hundred and fifty thousand.'"

He said, "'Abdullah ibn Ja'far later sold his share to Mu'awiya for sixty thousand. When Ibn az-Zubayr finishing settling his debts, the sons of az-Zubayr said, 'Distribute our inheritance between us.' He said, 'No, by Allah, I will not distribute it until I have made this announcement for four years during the hajj festival: 'Anyone who has a debt owed him by az-Zubayr should come to us and we will settle it.'" He said, "He announced that every year at the festival and when the four years were up, he distributed it between them. Az-Zubayr had four wives and after the prescribed third was removed, each wife got a million and two hundred thousand. So the total amount of his property was fifty million and two hundred thousand."

XIV: If the ruler sends a messenger on an errand or orders him to remain at home, does he receive a share (of the booty)?

2962. It is related that Ibn 'Umar said, "'Uthman was not present at Badr. He was married to the daughter of the Messenger of Allah, may Allah bless him and grant him peace. She was ill and the Prophet, may Allah bless him and grant him peace, said to him, 'You have the reward and share of someone who was present at Badr.'"

XV: The evidence that the khumus is for the needs of the Muslims:

When the Hawazin made their request of the Prophet, may Allah bless him and grant him peace, by virtue of his suckling relationship to them, he asked the Muslims to forgo their shares.

The Messenger of Allah, may Allah bless him and grant him peace, used to promise the people that he would give them some of the spoils and booty from the khumus.

He also gave some of the dates of Khaybar to the Ansar and also gave to Jabir ibn 'Abdullah .

2963. It is related from Marwan ibn al-Hakam and al-Miswar ibn Makhrama that when the delegation of Hawazin came to the Messenger of Allah, may Allah bless him and grant him peace, as Muslims, he stood up. They asked him to restore to them their property and their people who had been captured. The Messenger of Allah, may Allah bless him and grant him peace, told them, 'The words I love the most are those which are the most truthful. Choose one of the two: either the captives or the property. I have delayed distributing them.' The Messenger of Allah, may Allah bless him and grant him peace, had waited for them for about ten days after returning from Ta'if. When it was apparent to them that the Messenger of Allah, may Allah bless him and grant him peace, would only return one of the two to them, they said, 'We will take the captives.' The Messenger of Allah, may Allah bless him and grant him peace, got up among the Muslims and praised Allah as He deserves and then said, 'Following on from that: these brothers of yours have come in repentance and I think that the captives should be returned to them. Any of you who are happy with this should do that. Any of you who want to keep their share until we can pay him from the first spoils which Allah brings us may do that. The people said, 'We are happy to do that in their case for the sake of the Messenger of Allah, may Allah bless him and grant him peace,.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'We do not know which of you have allowed it and which have not. Go back so that your leaders can inform us of your decision.' The people went back and their leaders spoke to them and then they returned to the Messenger of Allah, may Allah bless him and grant him peace, and told him, 'They are happy with that and give their permission.' This is what reached us regarding the captives of Hawazin."

2964. It is related that Zahdam said, "We were with Abu Musa who brought a meal containing chicken. A man from the Banu Taym was present who was reddish as if he were one of the Greek clients. He was invited to the food but he said, 'I saw them eating something filthy and I swore that I would not eat them.' Abu Musa said, 'Come and I will inform you about that, I came to the Prophet, may Allah bless him and grant him peace, among the group of the Ash'arites, asking him to give us mounts. He said, 'By Allah, I will not give you mounts, and I do not have any mounts to give you.' Then the Messenger of Allah, may Allah bless him and grant him peace, was brought some camels as booty. He asked about us and said, 'Where are the Ash'arite group?' He commanded we be given five camels with white humps. When we left, we said, 'What have we done? There will be no blessings for us.' So we went back to him and said, 'We asked you to give us mounts and you swore that you would not give us mounts. Did you forget?' He said, 'I am not the one who gave you mounts, but Allah gave you mounts. By Allah, if Allah wills, I will never make an oath and then see something better than it without doing expiation for my oath and doing the thing that is better.'"

2965. It is related from Ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, sent out a party which contained 'Abdullah ibn 'Umar towards Najd. They took a lot of camels as booty. Their shares were twelve or eleven camels, and they were each given an extra camel.

2966. It is related from Ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, used to give extra to some of those in parties whom he sent out for themselves in addition to the general share of the army.

2967. It is related that Abu Musa said, "The news that the Prophet, may Allah bless him and grant him peace, had departed [Makka] reached us while we were in the Yemen. So we set out to emigrate to him - two of my brothers and I and I was the youngest of them. One of them was Abu Burda and the other was Abu Ruhm. (He said either, "We were some," or "We were fifty-three or fifty-two) men of our people. We embarked on a boat and out boat took us to the Negus in Abyssinia. We found Ja'far ibn Abi Talib with his companions. Ja'far said, 'The Messenger of Allah, may Allah bless him and grant him peace, has sent us here and ordered us to stay, so stay with us.' So we stayed with him until we all went and found the Prophet, may Allah bless him and grant him peace, when he had conquered Khaybar. He gave us a share (or he said, "He gave us some of it.") He did not allot anything to anyone who was absent from the conquest of Khaybar other than those who were present with him, except for the people of our ship as well as Ja'far and his companions. He also gave them a share."

2968. It is related that Jabir was heard to say, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'If the money of Bahrayn comes, I will give you such-and-such.' The money of Bahrayn did not come until after the Prophet, may Allah bless him and grant him peace, had died. When the money of Bahrayn arrived, Abu Bakr commanded that it be announced, 'Whoever has a promise with the Prophet, may Allah bless him and grant him peace, or a debt should come to us.' I came to him and said, 'The Prophet, may Allah bless him and grant him peace, promised me such-and-such.' He gave me a double handful three times."

Sufyan began to scoop with both his hands. Then he said to us, "That is how Ibn al-Munkadir mentioned it."

Once he said, "I went to Abu Bakr and asked for the money, but he did not give to me. Then I came to him and he did not give to me. Then I came to him a third time and I said, 'I asked you and you did not give to me, and then I asked you and you did not give to me, and then I asked you and you did not give to me. Either you give to me or you are miserly towards you.' He said, 'You say you have experienced miserliness from me? Every time I denied you, I wanted to give to you.'"

It is related from Jabir, "He scopped up a handful for me and said, 'Count it.' I found it to be five hundred. He said, 'Take the like of it twice.'" Ibn al-Munkadir remarked, "What ailment is more severe than miserliness?"

2969. It is said that Jabir ibn 'Abdullah said, "While the Messenger of Allah, may Allah bless him and grant him peace, was distributing the booty at al-Ji'rana when a man said to him, 'Be just.' He replied to him, 'I would be wretched if I were not just.'"

XVI. The favour shown by the Prophet, may Allah bless him and grant him peace, to captives without taking the khumus

2970. It is related that Jubayr said that the Prophet, may Allah bless him and grant him peace, said about the captives of Badr, "If al-Mut'im ibn 'Adi had been alive and spoke to me about these foul ones, I would have left them for his sake."

XVII: Part of the evidence for the fact that the khumus goes to the ruler and he can give to some of his relatives rather others is what the Prophet, may Allah bless him and grant him peace, distributed of the khumus of Khaybar to the Banu'l-Muttalib and Banu Hashim

'Umar ibn 'Abdu'l-'Aziz said, "He did not make that general to all of them and he did not single out one relative other than = one who was more in need. He gave to those who complained to him of need and because of what they had suffered from their people and their allies for his sake."

2971. It is related that Jubayr ibn Mut'im said, "I and 'Uthman ibn 'Affan went to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, you have given to the Banu'l-Muttalib but left us out although we have the same position with you.' He replied, 'The Banu'l-Muttalib and the Banu Hashim are the same.'"

Furthermore Jubayr said, "The Prophet, may Allah bless him and grant him peace, did not distribute a share to the Banu 'Abdu Shams nor the Banu Nawfal."

Ibn Ishaq said, "'Abdu Shams, Hashim and al-Muttalib were maternal brothers. Their mother was 'Atika bint Murra. Nawfal was their paternal brother."

XVIII: Someone not taking the khumus from the spoils of a slain enemy. Someone who kills the enemy is entitled to his spoils without any khumus, and the decision of the ruler about it

2972. It is related that 'Abdu'r-Rahman ibn 'Awf said, "While I was standing in the ranks on the Day of Badr, I looked to my right and my left, and there were two young boys of the Ansar, and I hoped that I was stronger than them. One of them nudged me and asked, 'Uncle, do you recognise Abu Jahl?' I replied, 'Yes, what do you want of him, nephew?' He said, 'I have been informed that he insulted the Messenger of Allah, may Allah bless him and grant him peace, and by the One in whose hand my soul is, if I see him, then my person will not part from his person until one of us dies.' I was astonished at that. Then the other nudged me and said the like of it to me. It was quite soon that I saw Abu Jahl going aroung the people and I said, 'This is the one you asked me about!' So they went for him with their swords and they struck him until he was killed. Then they went to the Messenger of Allah, may Allah bless him and grant him peace, and told him. He said, 'Which one of you killed him?' Each of them said, 'I killed him.' He asked, 'Have you wiped your swords?' They answered, 'No.' He looked at the swords and said, 'Both of you killed him, and the spoils will given to Mu'adh ibn 'Amr ibn al-Jamuh.' They were Mu'adh ibn 'Afra' and Mu'adh ibn 'Amr ibn al-Jamuh."

2973. It is related that Abu Qatada said, "We went out with the Messenger of Allah, may Allah bless him and grant him peace, in the year of the Battle of Hunayn. When we met the enemy, the Muslims were routed. I saw a man from the idolaters standing over a man of the Muslims, and I moved around until I came up to him from behind and hit him with the sword on the vein in his neck. He turned towards me and seized me so fiercely that I thought that I was going to die. Then death overcame him and he released me. I caught up to 'Umar ibn al-Khattab people [i.e. why are they fleeing?)?' He answered, 'The command of Allah.' Then the people returned. The Prophet, may Allah bless him and grant him peace, sat down and said, 'Whoever killed someone and has proof of it will receive his spoils.' I stood up and asked, 'Who will testify for me?' Then I sat down. Then he said, 'Whoever killed someone and has proof of it will have his spoils.' I stood up and asked, 'Who will testify for me?' Then I sat down. Then he said the like of it a third time. I stood up and the Messenger of Allah, may Allah bless him and grant him peace, asked, 'What is wrong, Abu Qatada?' I recounted the story to him and a man said, 'He spoke the truth, may Allah bless him and grant him peace. I have his spoils with me, so give him compensation on my behalf.' Abu Bakr as-Siddiq said, 'No, by Allah, he will not go to one of the lions of Allah who fought for Allah and His Mesenger and give you his spoils.' The Prophet, may Allah bless him and grant him peace, said, 'He spoke the truth,' and he gave them and I sold the armour and with it I bought a garden in the Banu Salama, and it was the first property which I gained in Islam.'"

XIX: What the Prophet, may Allah bless him and grant him peace, gave from the khumus and other things to people to reconcile their hearts and to other people [on account of need]

'Abdullah ibn Zayd related it from the Prophet, may Allah bless him and grant him peace. (see 4075)

2974. It is related that Hakim ibn Hizam said, "I asked the Messenger of Allah, may Allah bless him and grant him peace, to give to me, and he gave to me and then I asked him and he gave to me and then I asked him again and he gave to me. Then he said, 'Hakim, wealth is verdant and sweet. Anyone who takes it in a generous spirit will be blessed in it but anyone who takes it in an avaricious way will not be blessed in it, like someone who eats and is not satisfied. The upper hand is better than the lower hand.'" Hakim said, "I said, 'Messenger of Allah, by the One who sent you with the Truth, I will never again ask anyone for anything until I leave this world.'" Abu Bakr called Hakim to take his share and he refused to take it from him. Then 'Umar called him to give to him and he refused to accept anything from him either. 'Umar said, "I call on you to testify, company of Muslims, that I offered Hakim his share of this booty and he refused to take it. Hakim did not take anything from any person after the Messenger of Allah, may Allah bless him and grant him peace, until he died.

2975. It is related from Nafi' that 'Umar ibn al-Khattab said, "O Messenger of Allah, "I vowed during the time of Jahiliyya to do i'tikaf for one day." He commanded him to fulfil the vow.

Nafi' said, "'Umar received two slave-girls from the captives of Hunayn and put them in one of his houses in Makka." He said, "When the Messenger of Allah, may Allah bless him and grant him peace, freely released the captives of Hunayn, they began to walk about in the streets. 'Umar said, ''Abdullah! Find out what has happened!' He said, 'The Messenger of Allah, may Allah bless him and grant him peace, has freely released the captives.' He said, 'Go and release the two girls.'"

Nafi' said, "The Messenger of Allah, may Allah bless him and grant him peace, did not make 'umra from al-Ji'rana. If he had done so, that would not have been concealed from 'Abdullah."

Nafi' added that Ibn 'Umar said, "They (the girls) were part of the khumus."

Nafi' related it from Ibn 'Umar about vows, but did not say "a day".

2976. It is related that 'Amr ibn Taghlib said, "The Messenger of Allah, may Allah bless him and grant him peace, gave to some people and denied others and it seemed that they were critical of him. So he said, 'I give to some people fearing lest they should incline away and not be patient, while I entrust other people to what Allah has placed in their hearts of good and wealth. One of them is 'Amr ibn Taghlib.'" 'Amr ibn Taghlib said, "The words of the Messenger of Allah, may Allah bless him and grant him peace, are dearer to me than to red camels."

'Amr ibn Taghlib related that the Messenger of Allah, may Allah bless him and grant him peace, was brought some money or captives and shared them out.

2977. It is related that Anas said, "I give to Quraysh to reconcile them because they are near to their pact with Jahiliyya."

2978. It is related from Anas ibn Malik that when Allah gave the booty which He gave to His Messenger, may Allah bless him and grant him peace, from Hawazin, and he began to give a hundred camels to some men of Quraysh, some of the Ansar said about the Messenger of Allah, may Allah bless him and grant him peace, "May Allah forgive the Messenger of Allah! He gives to Quraysh and leaves us out even though our swords are still dripping with their blood." Anas said, "The Messenger of Allah, may Allah bless him and grant him peace, was informed about what they said and so he sent to the Ansar and gathered them together in a hide tent. He did not invite anyone else with them. When they were together, the Messenger of Allah, may Allah bless him and grant him peace, came to them and asked, 'What is this talk which I have heard that you said?' Those with understanding among them said to him, 'Those of us whose opinion carries weight did not say anything, Messenger of Allah. However, some of the young people among us said, "May Allah give the Messenger of Allah! He gives to Quraysh and leaves us out even though our swords are dripping with their blood."' The Messenger of Allah, may Allah bless him and grant him peace, said, 'I give to men who were recently unbelievers. Are you not pleased to let people go with property while you return to your homes with the Messenger of Allah, may Allah bless him and grant him peace? By Allah, You will return with better than what they are returning with.' They said, 'Yes, indeed, Messenger of Allah, we are pleased!' He said to them, 'You will see great self-interest after me, so be steadfast until you meet Allah Almighty and His Messenger at the Basin.'" Anas remarked, "But we were not steadfast."

2979. It is related from Jubayr ibn Mut'im that while he was travelling with the Messenger of Allah, may Allah bless him and grant him peace, with some people while returning from Hunayn, some people began to cling to him asking him until they forced him back against an acacia tree and his cloak was snatched away. The Prophet, may Allah bless him and grant him peace, stopped and said, "Give me back my cloak. If I had had camels as many as these trees, I would have divided them between you and then you will not find me to be a miser, a liar nor a coward."

2980. It is related that Anas ibn Malik said, "I was walking with the Prophet, may Allah bless him and grant him peace, who was wearing a Najrani cloak with a thick hem when a desert Arab caught up to him and pulled it fiercely so that I saw the side of the Prophet's neck, may Allah bless him and grant him peace, was marked by the hem of the cloak due to the intensity of the tugging. Then he said, 'Order for me some of the property of Allah which you have with you!' He turned to him and laughed, and ordered that he be given a gift."

2981. It is related that 'Abdullah said, "On the Day of Hunayn, the Messenger of Allah, may Allah bless him and grant him peace, favoured some people over others in his division of the spoils. He gave al-Aqra' ibn Habis a hundred camels and gave 'Uyayna the same. He also gave to some of the Arab nobles and favoured them in the division that day. A man said, 'By Allah, this a division which lacks justice and by which the face of Allah is not desired.' I said, 'By Allah, I will inform the Messenger of Allah!' So I went to him and informed him about what the man had said. His face changed colour until it was red and then he said, 'Who will be just if Allah and His Messenger are not just?' Then he said, 'May Allah have mercy on Musa! He was abused more than this and he was patient.'"

2982. It is related that Asma' bint Abi Bakr said, "I used to carry date-stones on my head from the land of az-Zubayr which had been granted to him by the Messenger of Allah, may Allah bless him and grant him peace, which was two-thirds of a farsakh away."

It is related from Hisham's father that the Prophet, may Allah bless him and grant him peace, granted az-Zubayr a piece of land from the property of the Banu an-Nadir.

2983. It is related from Ibn 'Umar that 'Umar ibn al-Khattab expelled the Jews and Christians from the land of the Hijaz. When the Messenger of Allah, may Allah bless him and grant him peace, conquered Khaybar, he wanted to remove the Jews from it. When he conquered it, the land was for Allah and His Messenger, may Allah bless him and grant him peace, and the Muslims. He wanted to remove the Jews from it and the Jews asked the Messenger of Allah, may Allah bless him and grant him peace, to let them remain there and they would do the work on it and have half of the fruits. The Messenger of Allah, may Allah bless him and grant him peace, said to them, "We will let you remain in that as long as we wish," and they remained there until 'Umar expelled them to Tayma' and Ariha'.

XX: Food which is taken from the land of the enemy

2984. It is related that 'Abdullah ibn Mughaffal said, "While we were laying siege to the fortress of Khaybar, someone threw a leather bag contained ghee and I rushed to get it. I turned and the Prophet, may Allah bless him and grant him peace, was there and I was embarrassed before him."

2985. It is related that Ibn 'Umar said, "In our expeditions we used to get honey and grapes which we would eat and not store up."

2986. It is related that Ibn Abi Awfa was heard to say, "In the days of Khaybar we were afflicted with hunger. On the day of the Battle of Khaybar, we caught and slaughtered domestic donkeys, and when the pots were boiling, the proclaimer of the Messenger of Allah, may Allah bless him and grant him peace, announced, 'Turn over the pots and do not eat any of the meat of the donkeys.'" 'Abdullah said, "We said, 'The Prophet, forbade them because the khumus had not been taken from them.' Others said, 'He has made them absolutely unlawful.' I asked Sa'id ibn al-Jubayr who said, 'He has made them absolutely unlawful.'"

Chapter 63. Chapters on the Jizya and Truces

I: The Jizya and Truce with the people of the dhimma and the people of war

Allah Almighty says, "Fight those of the people who were given the Book who do not believe in Allah and the Last Day and do not forbid what Allah and His Messenger have forbidden and do not take as their deen the deen of Truth, until they pay the jizya with their own hands in a state of complete abasement," (9:29) meaning humbled. "Misery" (maskana) (2:61, 3:112) is the verbal noun of "miserable". One says that so-and-so is more miserable than so-and-so, meaning more in need. It is not derived from sukûn (calmness).

What has come about taking the jizya from the Jews, Christians, Magians and non-Arabs.

Ibn Abi Nujayh said, "I asked Mujahid, 'Why do the people of Syria have to pay four dinars while the people of Yemen only pay one dinar?' He replied, 'That was imposed according to wealth.'"

2987. It is related that 'Umar was heard to say, "I was sitting with Jabir ibn Zayd and 'Amr ibn Aws, and Bajala had related to them at the steps of Zamzam in 70 A.H., the year in which Mus'ab ibn az-Zubayr went on hajj with the people of Basra. He said, 'I was the scribe of Jaz' ibn Mu'awiya, the uncle of al-Ahnaf. A letter reached us from 'Umar ibn al-Khattab a year before he died: "Separate every marriage between forbidden degrees of the Magians." 'Umar did not take jizya from the Magians until 'Abdu'r-Rahman ibn 'Awf testified that the Messenger of Allah, may Allah bless him and grant him peace, had taken it from the Magians of Hajar.'"

[Hajar is in Bahrayn]

2988. It is related from 'Amr ibn 'Awf al-Ansari, who was an ally of the Banu 'Amir ibn Lu'ayy and who was present at Badr, that the Messenger of Allah, may Allah bless him and grant him peace, sent Abu 'Ubayda ibn al-Jarrah to Bahrayn to collect their jizya. The Messenger of Allah, may Allah bless him and grant him peace, had made a truce with the people of Bahrayn and appointed al-'Ala' ibn al-Hadrami as their governor. Abu 'Ubayda brought the money from Bahrayn and the Ansar heard of the arrival of Abu 'Ubadya at the time of the Subh prayer with the Prophet, may Allah bless him and grant him peace. When he had prayed Fajr with them and finished, they presented themselves before him and the Messenger of Allah, may Allah bless him and grant him peace, smiled when he saw them. He said, 'I think you must have heard that Abu 'Ubayda has arrived with something?' They said, 'Yes, Messenger of Allah.' He said, 'Rejoice, and hope for what will gladden you. By Allah, it is not poverty that I fear for you, but I fear that this world will be spread out in front of you as it was spread out in front of those before you, and then you will vie for it as they vied for it, and it will destroy you as it destroyed them.'"

2989. It is related that Jubayr ibn Hayya said, "'Umar sent people to the regions of the great countries to fight the idolaters. Al-Hurmuzan became Muslim and 'Umar said, 'I want to consult you about these lands.' He said, 'Yes, the example of them and the enemies of the Muslims who are in them is like a bird which has a head, two wings, and two legs. If one of its wings is broken, it gets up on its legs with one wing and the head. If the other wing is broken, it gets up on the two legs and the head. But if the head is broken, then the legs, wings and head are gone. The head is Chosroes, the wing is Caesar and the other wing is Faris. Therefore command the Muslims to make for Chosroes.'"

Jubayr ibn Hayya said, "So 'Umar detailed us and put an-Nu'man ibn Muqarran in charge of us. When we reached enemy territory, the governor of Chosroes came out to us with forty thousand men. An interpreter stood up and said, 'Let a man among you speak to me.' Al-Mughira said, 'Ask whatever you like.' He said, 'Who are you?' He replied, 'We are people of the Arabs. We used to be in terrible hardship and severe affliction. We would suck hides and date-stones out of hunger and we wore camel hair and goat hair. We used to worship trees and stones. While we were like that, the Lord of the heavens and the Lord of the earths - may His mention be exalted and His immensity magnified! - sent us a Prophet from among ourselves whose father and mother we knew. Our Prophet, the Messenger of our Lord, may Allah bless him and grant him peace, has commanded us to fight you until you worship Allah alone or pay the jizya. Our Prophet, may Allah bless him and grant him peace, has informed us from the message of our Lord: whoever of us is killed will go to the Garden in bliss whose like he has never seen. Whoever of us remains will be your masters.'

"An-Nu'man said [to al-Mughira when he objected to him delaying the battle), 'If Allah had made you be present at the like of it with the Prophet, may Allah bless him and grant him peace, he would not have made you regret waiting nor disgraced you. But I was present with the Messenger of Allah, may Allah bless him and grant him peace, in the fighting, and when he did not fight at the beginning of the day, he would wait until the winds blew and it was time for the prayer.' [meaning when the day was cooler]"

[Faris was a region of Persia.

An-Nu'man's comments are in answer to al-Mughira's objection to the decision to delay the attack.]

II: When the ruler concludes a truce with the King of a country, does that hold for the rest of his people?

2990. It is related that Abu Humayd as-Sa'idi said, "We went on an expedition with the Prophet, may Allah bless him and grant him peace, to Tabuk and the king of Ayla gave the Prophet, may Allah bless him and grant him peace, a while mule and a cloak, and the Prophet wrote for him that he had authority over his land."

III: Instructions in regard to the people who have a covenant (dhimma) with the Messenger of Allah, may Allah bless him and grant him peace

Dhimma is the covenant and ill means kinship (9:8,10).

2991. It is related that Juwayriya ibn Qudama at-Tamimi said, "I heard 'Umar ibn al-Khattab. We had said to him, 'Instruct us, Amir al-Mu'minin!' He said, 'I instruct you to fulfil the contract of the dhimma of Allah. It is the dhimma of the Messenger of Allah, may Allah bless him and grant him peace, and provision for your dependants [as a result of the jizya].'"

IV: On the land grants that the Prophet, may Allah bless him and grant him peace, made in Bahrayn and what he promised people from the money and jizya of Bahrayn. Among whom should the spoils and jizya be distributed?

2992. It is related that Anas said, "The Prophet, may Allah bless him and grant him peace, summoned the Ansar to write out for them land in Bahrayn. They said, 'No, by Allah, not unless you write out the like of it for our brothers of Quraysh. He said, 'They will have that if Allah wills.' They spoke to him [to insist on that] and he said, "You will find self-seeking after I have gone, so be steadfast until you meet me at the Basin."

2993. It is related that Jabir ibn 'Abdullah said, "The Messenger of Allah, may Allah bless him and grant him peace, said to me, 'If the money from Bahrayn comes to us, I will give you such-and-such.' The money from Bahrayn did not come until after the Prophet, may Allah bless him and grant him peace, had died. When the money of Bahrayn arrived, Abu Bakr said, 'Whoever has a promise from the Prophet, may Allah bless him and grant him peace, should come to us.' I came to him and said, 'The Prophet, may Allah bless him and grant him peace, told me "If the money from Bahrayn comes to us, I will give you such-and-such."'. He said to me, 'Scoop up,' and I scooped up. He said, 'Count it.' I counted them and there were five hundred. He gave me one thousand five hundred."

2994. It is related that Anas said, "The Prophet, may Allah bless him and grant him peace, was brought some goods from Bahrayn. He said, "Lay them out in the mosque.' It was the largest amount that the Messenger of Allah, may Allah bless him and grant him peace, had ever received. The Messenger of Allah, may Allah bless him and grant him peace, went out to the prayer and did not even glance at them. When he finished the prayer, he came and sat down by them. He gave something to everyone he saw. When al-'Abbas came to him, he said, 'Messenger of Allah, give some to me, for I ransomed myself and 'Aqil.'' He said to him, 'Take some.' He filled up his garment and then tried to lift it but could not. He said, 'Messenger of Allah, tell someone to help me lift it.' He answered, 'No.' Then he asked, 'Then you help me lift it?' He said, 'No.' So he discarded some of it and then tried to lift it again and said, 'Messenger of Allah, tell one of them to help me lift it.' He replied, 'No.' He said, 'Then you help me lift it?' He said, 'No.' So he discarded some more and hoisted it up onto his shoulders and left. The Messenger of Allah, may Allah bless him and grant him peace, continued to follow him with his eye until he disappeared from view out of astonishment at his greed. The Messenger of Allah, may Allah bless him and grant him peace, did not get up until there was not a dirham of it left."

V: The sin of someone who kills a person with a treaty without him having committed a crime

2995. It is related from 'Abdullah ibn 'Umar that the Prophet, may Allah bless him and grant him peace, said, "Anyone who kills someone who has a treaty will not experience the fragrance of the Garden even though its fragrance can be experienced at a distance of forty years."

VI: Expelling the Jews from the Arabian peninsula

'Umar said that the Prophet, may Allah bless him and grant him peace, said, "We will let you remain there as long as Allah lets you remain there."

2996. It is related that Abu Hurayra said, "While we were in the mosque, the Messenger of Allah, may Allah bless him and grant him peace, came out and said, 'Go to the Jews.' We went out until we came to the Bayt al-Midras (where they studied). He said, 'Become Muslim and you will be safe. Know that the earth belongs to Allah and His Messenger. I want to expel you from this land. Whoever of you has some property should sell it. However, the earth belongs to Allah and His Messenger.'"

2997. It is related from Sa'id ibn Jubayr that he heard Ibn 'Abbas saying, "'Thursday! What is Thursday!'" and then he wept until his tears made the pebbles wet. I said, 'Abu 'Abbas! What is it about Thursday!' He said, 'The Prophet's pain became intense and he said, "Bring me a shoulder-blade so that I may write a document for you after which you will never go astray." They quarrelled, although it is not proper to quarrel in the presence of a Prophet. They said, "What is wrong with him? Is he delirious? Ask him." He said, "Leave me. That which I am in is better than that to which you call me." He gave them three commands and said, "Expel the idolaters from the Arabian peninsula, give gifts to the delegations as I used to give them gifts."'" "The third was something good which either he was silent about or which he said and I forgot." Sufyan said that this is part of what Sulayman said.

VII: When the idolaters act with treachery towards the Muslims, can they be pardoned?

2998. It is related that Abu Hurayra said, "When Khaybar was conquered, a poisoned sheep was presented to the Prophet, may Allah bless him and grant him peace. The Prophet, may Allah bless him and grant him peace, said, 'Gather for me all the Jews who are here.' They were gathered for him and he said, 'I am going to ask you about something. Will you tell me the truth about it?' They said, 'Yes.' The Prophet, may Allah bless him and grant him peace, said to them, 'Who is your father?' They replied, 'So-and-so.' He said, 'You have lied. Your father is so-and-so.' They said, 'You spoke the truth.' He said, 'So now will you tell me the truth about something if I ask you about it?' They answered, 'Yes, Abu'l-Qasim. If we lie, you will recognise our lie as you recognised it regarding our father.' He asked them, 'Who are the people of the Fire?' They said, 'We will be in it for a short time and then you will follow us in it.' The Prophet, may Allah bless him and grant him peace, said, 'May you be basely driven into it! By Allah, we will never follow you in it!' Then he said, 'Will you tell me the truth about something if I ask you about it?' They said, 'Yes, Abu'l-Qasim.' He asked, 'Did you put poison in this sheep?' They said, 'Yes.' He said, 'What made you do that?' They said, 'If you were a liar, then we would be relieved of you. If you are a Prophet, then it would not harm you.'"

VIII: The ruler cursing those who have broken a treaty

2999. It is related that 'Asim said, "I asked Anas ibn Malik about the qunut and he said, 'It is done before ruku'.'" He said, "Someone claims that you said it was done after ruku'. He said, 'He lied.' Then he related that the Messenger of Allah, may Allah bless him and grant him peace, only did the qunut after ruku' for a month, in which he made supplication against the tribes from the Banu Sulaym. He said, "He sent out forty - or seventy (he was unsure about it) - reciters to some of the idolaters. Those people attacked them and killed them, although there they had a treaty with the Messenger of Allah, may Allah bless him and grant him peace. I have never seen him as grieved for anyone as he was for them.'"

IX: Women offering security and sanctuary

3000. It is related that Abu Murra, the mawla of Umm Hani' bint Abi Talib, heard Umm Hani' bint Abi Talib say, "I went to the Messenger of Allah, may Allah bless him and grant him peace, in the year of the Conquest of Makka and found him doing ghusl, while his daughter Fatima was screening him. I greeted him and he said, 'Who is this?' I said, 'It is Umm Hani' bint Abi Talib.' He said, 'Welcome, Umm Hani'.' When he finished his ghusl, he stood up and prayed eight rak'ats wrapped in a single cloth. When he finished, I said, 'Messenger of Allah, my brother claims that he is going to kill a man to whom I have given sanctuary. It is so-and-so, the son of Hubayra.' The Prophet, may Allah bless him and grant him peace, said, 'We give sanctuary to the one to whom you have given sanctuary, Umm Hani'.'" Umm Hani' said that that happened in the morning.

X: The dhimma and sanctuary of the Muslims is the same, and it is effected by the lowest of them

3001. It is related that the father of Ibrahim at-Tamimi said, "'Ali addressed us, saying, 'We have no book that we read but the Book of Allah and this paper which contains [judgements about] wounds and the ages of camels: "Madina is a sanctuary between 'Ayr to such-and-such a place. Whoever commits an improper action in it or gives refuge to someone who commits improper actions, on him is the curse of Allah, the angels and all people. Neither repentance nor ransom will be accepted from him. Whoever accepts the protectorship of other than his masters will have the like of that curse. The dhimma [covenant] of the Muslims is the same. Whoever breaks a Muslim's covenant, on him is the like of that curse."'"

XI: When they say, "Saba'na" and do not say "We have become Muslim" (aslamna) properly

Ibn 'Umar said, "Khalid began killing (them) and the Prophet, may Allah bless him and grant him peace, said, 'O Allah, I declare myself innocent to You of what Khalid has done.'"

'Umar said, "If someone says, 'Matras' [Persian for 'Do not fear'], he is granting security. Allah knows all the tongues." 'Umar said, "Speak, there is no harm." [Said to al-Hurmurzan and is said that it means to grant security]

XII: Making peace and truces with the idolaters for money and other things. The wrong action of someone who does not abide by a treaty.

The words of Allah, "If they incline to peace, incline to it as well." (8:61)

3002. It is related that Sahl ibn Hathma al-Ansari said, "'Abdullah ibn Sahl and Muhayyisa ibn Mas'ud ibn Zayd went to Khaybar at a time when there was a truce. They parted and then Muhayyisa came upon 'Abdullah ibn Sahl, murdered and covered in blood. He buried him and then went to Madina. Then 'Abdu'r-Rahman ibn Sahl, and Muhayyisa and Huwayyisa, the sons of Mas'ud, went to the Prophet, may Allah bless him and grant him peace, and 'Abdu'r-Rahman began to speak. He said, 'The eldest, the eldest.' for he was the youngest of the people there. So he was silent, and the two of them spoke. He said, 'Do you swear (to this) and demand your right from the murderer - or your companion?' They asked, 'How can we swear when we did not witness it or see it?' He said, 'Then the Jews can clear themselves by fifty men taking an oath.' They said, 'How can you accept the oaths of a people of unbelievers!' So the Prophet, may Allah bless him and grant him peace, himself paid the blood money.'"

XIII: The excellence of fulfilling the terms of a treaty

3003. It is related that 'Abdullah ibn 'Abbas said that Abu Sufyan ibn Harb informed him that Heraclius had sent a message to him while he was with a Qurayshi caravan composed of merchants who were trading in Syria during the period when the Messenger of Allah , may Allah bless him and grant him peace, had a truce with Abu Sufyan and the unbelievers of Quraysh.

XIV: Is a dhimmi pardoned when he practises magic?

Ibn Shihab was asked, "Is one of the people with a treaty killed if he practises magic?" He answered, "It has reached us that that was done to the Messenger of Allah, may Allah bless him and grant him peace, but he did not kill the one who had done it, and the perpetrator was one of the People of the Book."

3004. It is related from 'A'isha that the Prophet, may Allah bless him and grant him peace, was bewitched so that he imagined that he had done something when he had not done it.

[That was Labid ibn al-A'sam.]

XV: Being on guard against treachery

The words of Allah Almighty, "If they intend to deceive you, Allah is enough for you..." (8:62)

3005. It is related that 'Awf ibn Malik said, "I went to the Prophet, may Allah bless him and grant him peace, during the Tabuk expedition while he was in a hide tent. He said, 'Count six signs before the Final Hour: my death, then the conquest of Jerusalem, then a plague which will carry you off like the sheep disease, then the increase of wealth so that a man will be given a hundred dinars and remain displeased, then a civil war (fitna) which will not fail to enter every house of the Arabs, and then a truce between you and the Greeks who will act treacherously and come at you under eighty flags with twelve thousand men under every flag.'"

XVI: How to revoke a treaty

The words of Allah, "If you fear treachery on a people's part, revoke your treaty with them mutually...." (8:58)

3006. It is related that Abu Hurayra said, "Abu Bakr sent me with the callers who announced at Mina on the Day of Sacrifice, 'No pagan is to perform the hajj after this year and no one is to perform tawaf of the House naked.' The day of the Greater Hajj is the Day of Sacrifice. It is called 'the greater" because people say, 'the lesser Hajj.' So Abu Bakr revoked the treaty with people that year, and so no pagan performed hajj in the year of the Farewell Hajj in which the Prophet, may Allah bless him and grant him peace, performed hajj."

XVII: The wrong action of someone who makes a treaty and then acts treacherously

His words, "Those with whom you make a treaty and who then break it every time. They are not godfearing." (8:56)

3007. It is related from 'Abdullah ibn 'Amr that the Messenger of Allah, may Allah bless him and grant him peace, said, "If anyone has four characteristics, he is [like] a pure hypocrite: whenever he speaks, he lies; whenever he is trusted, he betrays his trust; when he makes an agreement, he breaks it; and when he quarrels, he deviates from the truth and speaks falsely. If anyone has one of them, he has an aspect of hypocrisy until he gives it up."

3008. It is related that 'Ali said, "We have nothing written down from the Prophet, may Allah bless him and grant him peace,but the Qur'an and this paper. The Prophet, may Allah bless him and grant him peace, said: "Madina is a sanctuary between 'A'ir to such-and-such a place. If someone commits an improper action in it or gives refuge to someone who commits improper actions, on him is the curse of Allah, the angels and all people. Neither repentance nor ransom will be accepted from him. The dhimma [covenant] of the Muslims is the same, and it is effected by the lowest of them. If someone breaks a Muslim's covenant, on him is the curse of Allah, the angels and all people. Neither repentance nor ransom will be accepted from him. If someone accepts the protectorship of a people without his masters's permission on him is the curse of Allah, the angels and all people. Neither repentance nor ransom will be accepted from him.'"

3009. It is related that Abu Hurayra remarked, "How will you be when you do not collect either dinar or dirham?" He was asked, "How do you know that will come about, Abu Hurayra?" He said, "By the One in Whose hand is the soul of Abu Hurayra, from the words of the truth confirmed one." They asked, "What is that?" He answered, "The dhimma of Allah and His Messenger will be violated and so Allah, the Mighty and Exalted, will strengthen the hearts of the people of the dhimma so that they refuse to pay what they owe."

3010. It is related that al-A'mash said, "I asked Abu Wa'il, 'Were you present at Siffin?' He answered, 'Yes, and I heard Sahl ibn Hunayf say, "Have doubts about your opinions! You should have seen me on the day when Abu Jandal came! If I had been able to defy the order of the Prophet, may Allah bless him and grant him peace, I would have defied it. We did not remove our swords from our shoulders for something which outraged us, and it was easier for us to recognise (the good in it) which is not the case in this business of ours."'"

[Siffin was the battle between 'Ali and Mu'awiya. Sahl was criticised for his lack of enthusiasm for the fight. Abu Jandal came to the Muslims in chains after the Treaty of al-Hudaybiyya had been concluded, and was handed back to Quraysh according to the terms of the treaty.]

3011. It is related that Abu Wa'il said, "We were at Siffin and Sahl ibn Hunayf stood up and said, 'O people! Hve doubts about yourselves! We were with the Messenger of Allah, may Allah bless him and grant him peace, on the Day of al-Hudaybiyya, and if we had thought it proper to fight, we would have fought. 'Umar ibn al-Khattab came and said, 'O Messenger of Allah, do we not have the truth while our enemy have the false?' He said, 'Yes indeed.' He said, "Are not our dead in the Garden while their dead are in the Fire?' He said, 'Yes indeed.' He said, Then why do we concede humbleness in our deen? Will we go back without Allah having judged between us and them?' He said, 'O Ibn al-Khattab, I am the Messenger of Allah and He will never neglect me.' Then 'Umar went to Abu Bakr and said to him the like of what he had said to the Prophet, may Allah bless him and grant him peace, and Abu Bakr said, 'He is the Messenger of Allah, may Allah bless him and grant him peace, and He will never neglect him.' Then Surat al-Fath (48) was sent down and the Messenger of Allah, may Allah bless him and grant him peace, read it to 'Umar to the end of it and 'Umar said, 'Messenger of Allah, was that the victory?' He answered, 'Yes.'"

3012. It is related that Asma' bint Abi Bakr said, "My mother came to visit me with her father during the period when Quraysh had a treaty with the Messenger of Allah, may Allah bless him and grant him peace, while she was still an idolater and I asked the Messenger of Allah, may Allah bless him and grant him peace, 'My mother has come to me, wanting something. Shall I give it to her?' He replied, 'Yes. Give to your mother.'"

XVIII: A truce for three day or for a specified period

3013. It is related that al-Bara' said, "When the Prophet, may Allah bless him and grant him peace, wanted to go on 'umra, he sent to the people of Makka to ask their permission to enter Makka. They made a stipulation that he would only remain there for three days and that no one would enter it except with weapons sheathed, and that he would not invite any of them [to Islam]." He said, "So 'Ali ibn Abi Talib began to write the stipulations between them, and he wrote, 'This is what Muhammad, the Messenger of Allah, may Allah bless him and grant him peace, agrees to.' They said, 'If we knew that you were the Messenger of Allah, we would not have prevented you and we would have offered allegiance to you. Rather write, "This is what Muhammad ibn 'Abdullah agrees to."' He said, 'By Allah, I am Muhammad ibn 'Abdullah, and, by Allah, I am the Messenger of Allah.' He did not write." He said, "So he said to 'Ali, 'Rub out "Messenger of Allah".' 'Ali said, 'By Allah, I will never rub it out!' He said, 'Show it to me.'" He said, "He showed it to him and the Prophet, may Allah bless him and grant him peace, rubbed it out with his hand. When he had entered Makka and the days had passed, they went to 'Ali and said, 'Tell your companion to depart.' He mentioned that to the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'Yes,' and then departed."

XIX: A truce without a specific time

The words of the Prophet, may Allah bless him and grant him peace, "We will let you remain in that as long as Allah lets you remain there." (see 2213)

XX: Throwing the corpses of idolaters into a well and not taking any price for them

3014. It is related that 'Abdullah said, "While the Messenger of Allah, may Allah bless him and grant him peace, was in prostration, surrounded by some of the idolaters of Quraysh, 'Uqba ibn Abi Mu'ayt brought the foetal membrane of a young camel and threw it on the back of the Prophet, may Allah bless him and grant him peace. He did not raise his head until Fatima came and removed it from his back. Then he pronounced an invocation against those who had done that. The Prophet, may Allah bless him and grant him peace, said, 'O Allah! Destroy the council of Quraysh! O Allah, destroy Abu Jahl ibn Hisham, 'Utba ibn Rabi'a, Shayba ibn Rabi'a, 'Uqba ibn Abi Mu'ayt, and Umayya ibn Khalaf! (or and Ubayy ibn Khalaf)' I saw them killed on the day of Badr and they were thrown into the well, except for Umayya or Ubayy. He was a fat man and when they dragged him, his joints separated before he was thrown into the well."

XXI: The wrong action of someone who acts treacherously, whether he does that to a pious or a corrupt person

3015. It is related from Anas that the Prophet, may Allah bless him and grant him peace, said, "Every traitor will have a banner on the Day of Rising." One of them said, "It will be fixed," and the other said, "It will be seen on the Day of Rising so that he is recognised by it."

3016. It is related that Ibn 'Umar said, "I heard the Prophet, may Allah bless him and grant him peace, say, 'Every traitor will have a banner fixed because of his treachery.'"

3017. It is related that Ibn 'Abbas said, "On the day of the Conquest of Makka, the Messenger of Allah, may Allah bless him and grant him peace, said, 'There is no more hijra, but there is jihad and intention. When you are called to it then go.' He said on the day of the Conquest of Makka, 'Allah made this city inviolable on the day when he created the heavens and the earth and it will be inviolable by Allah's sanctity until the Day of Rising. Fighting was not lawful in it for anyone before me and it was only lawful for me for one hour of one day. It will remain inviolable by Allah's sanctity until the Day of Rising. Its thorns should not be cut, its game should not be chased and something dropped should not be picked up except by someone who announces it, and its plants are not to be pulled up.' Al-'Abbas said, 'Messenger of Allah, apart from the idhkhir herb for our goldsmiths and houses!' He said, 'Apart from the idhkhir herb.'"


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