Yahya related to me from Malik from Abu'z-Zinad from
al-Araj from Abu Hurayra that the Messenger of Allah, may
Allah bless him and grant him peace, said "Someone who
does jihad in the way of Allah is like someone who fasts
and prays constantly and who does not slacken from his
prayer and fasting until he returns."
Yahya related to me from Malik from Abu'z Zinad from
al-Araj from Abu Hurayra that the Messenger of Allah, may
Allah bless him and grant him peace, said, "Allah
guarantees either the Garden or a safe return to his home
with whatever he has obtained of reward or booty, for the
one who does jihad in His way, if it is solely jihad and
trust in his promise that brings him out of his house."
Yahya related to me from Malik from Zayd ibn Aslam from
Abu Salih as-Samman from Abu Hurayra that the Messenger of
Allah, may Allah bless him and grant him peace, said,
"Horses are a reward for one man, a protection for
another, a burden for another. The one who has them as a
reward is the one who dedicates them for use in the way of
Allah, and tethers them in a meadow or grassland. Whatever
the horse enjoys of the grassland or meadow in the length
of its tether are good deeds for him. If it breaks its
tether and goes over a hillock or two, its tracks and
droppings are good deeds for him. If it crosses a river
and drinks from it while he did not mean to allow it to
drink it, that counts as good deeds for him, and the horse
is a reward for him.
Another man uses his horse to gain self reliance and
up-standingness and does not forget Allah's right on their
necks and backs (i.e. he does not ill treat or over-work
them). Horses are a protection for him .
Another man uses them out of pride to show them off and
in hostility to the people of Islam. They are a burden on
that man."
The Messenger of Allah, may Allah bless him and grant
him peace, was asked about donkeys, and he said, "Nothing
has been revealed to me about them except this single
all-inclusive ayat, 'Whoever does an atom of good will see
it, and whoever does an atom of evil, will see it.' " (Sura
99 Ayats 7,8) .
Yahya related to me from Abdullah ibn Abd ar-Rahman ibn
Mamar al-Ansari that Ata ibn Yasar said that the Messenger
of Allah, may Allah bless him and grant him peace, said,
"Shall I tell you who has the best degree among people? A
man who takes the rein of his horse to do jihad in the way
of Allah. Shall I tell you who has the best degree among
people after him? A man who lives alone with a few sheep,
performs the prayer, pays the zakat, and worships Allah
without associating anything with him."
Yahya related to me from Malik that Yahya ibn Said
said, ''Ubada ibn al-Walid ibn Ubada ibn as-Samit informed
me from his father that his grandfather (Ubada) said, 'We
made a contract with the Messenger of Allah, may Allah
bless him and grant him peace, to hear and obey in ease
and hardship, enthusiasm and reluctance, and not to
dispute with people in authority and to speak or establish
the truth wherever we were without worrying about
criticism.'"
Yahya related to me from Malik that Zayd ibn Aslam had
said that Ubayda ibn al-Jarrah had written to Umar ibn al-Khattab
mentioning to him a great array of Byzantine troops and
the anxiety they were causing him. Umar ibn al-Khattab
wrote in reply to him, "Whatever hardship befalls a
believing slave, Allah will make an opening for him after
it, and a hardship will not overcome two eases. Allah the
Exalted says in His Book, 'O you who trust, be patient,
and vie in patience; be steadfast and fear Allah, perhaps
you will profit.' " (Sura 3 ayat 200).
Section: Prohibition against Travelling with the Qur'an
in Enemy Territory
Yahya related to me from Malik from Nafi that Abdullah
ibn Umar said that the Messenger of Allah, may Allah bless
him and grant him peace, forbade travelling with a Qur'an
in the land of the enemy. Malik commented, "That is out of
fear that the enemy will get hold of it."
Section: Prohibition against Killing Women and Children
in Military Expeditions
Yahya related to me from Malik from Ibn Shihab that a
son of Kab ibn Malik (Malik believed that ibn Shihab said
it was Abd ar-Rahman ibn Kab) said, "The Messenger of
Allah, may Allah bless him and grant him peace, forbade
those who fought ibn Abi Huqayq (a treacherous jew from
Madina) to kill women and children. He said that one of
the men fighting had said, 'The wife of ibn Abi Huqayq
began screaming and I repeatedly raised my sword against
her. Then I would remember the prohibition of the
Messenger of Allah, may Allah bless him and grant him
peace, so I would stop. Had it not been for that, we would
have been rid of her.' "
Yahya related to me from Malik from Nafi from Ibn Umar
that the Messenger of Allah, may Allah bless him and grant
him peace, saw the corpse of a woman who had been slain in
one of the raids, and he disapproved of it and forbade the
killing of women and children.
Yahya related to me from Malik from Yahya ibn Said that
Abu Bakr as-Siddiq was sending armies to ash-Sham. He went
for a walk with Yazid ibn Abi Sufyan who was the commander
of one of the battalions. It is claimed that Yazid said to
Abu Bakr, "Will you ride or shall I get down?" Abu
Bakrsaid, "I will not ride and you will not get down. I
intend these steps of mine to be in the way of Allah."
Then Abu Bakr advised Yazid, "You will find a people
who claim to have totally given themselves to Allah. Leave
them to what they claim to have given themselves. You will
find a people who have shaved the middle of their heads,
strike what they have shaved with the sword.
"I advise you ten things: Do not kill women or children
or an aged, infirm person. Do not cut down fruit-bearing
trees. Do not destroy an inhabited place. Do not slaughter
sheep or camels except for food. Do not burn bees and do
not scatter them. Do not steal from the booty, and do not
be cowardly."
Yahya related to me from Malik that he had heard that
Umar ibn Abd al-Aziz wrote to one of his governors, "It
has been passed down to us that when the Messenger of
Allah, may Allah bless him and grant him peace, sent out a
raiding party, he would say to them, 'Make your raids in
the name of Allah in the way of Allah. Fight whoever
denies Allah. Do not steal from the booty, and do not act
treacherously. Do not mutilate and do not kill children.'
Say the same to your armies and raiding parties, Allah
willing. Peace be upon you."
Yahya related to me from Malik from a man of Kufa that
Umar ibn al-Khattab wrote to a lieutenant of an army which
he had sent out, "I have heard that it is the habit of
some of your men to chase an unbeliever till he takes
refuge in a high place. Then one man tells him in Persian
not to be afraid, and when he comes up to him, he kills
him. By He in whose hand my self is, if I knew someone who
had done that, I would strike off his head."
Yahya said, I heard Malik say, "This tradition is not
unanimously agreed upon, so one does not act on it."
Malik when asked whether safe conduct promised by
gesture had the same status as that promised by speech,
said, "Yes. I think that one can request an army not to
kill someone by gesturing for safe conduct, because as far
as I am concerned, gesture has the same status as speech.
I have heard that Abdullah ibn Abbas said, 'There is no
people who betray a pledge, but that Allah gives their
enemies power over them.' "
Yahya related to me from Malik from Nafi that when
Abdullah ibn Umar gave something in the way of Allah, he
would say to its owner, "When you reach Wadi'l-Qura, (on
the outskirts of Madina) then it is your affair."
Yahya related to me from Malik from Yahya ibn Said that
Said ibn al-Musayyab used to say, "When a man is given
something to use in a military expedition, and he brings
it to the battlefield, it is his."
Malik was asked about a man who pledged himself to go
on a military campaign, equipped himself,and when he
wanted to go out, one or both of his parents prevented
him. He said, "He should not contradict them. Let him put
it off for another year. As for the equipment, I think
that he should store it until he needs it. If he fears
that it will spoil, let him sell it and keep its price so
that he can readily buy what is needed fora military
expedition. If he is well-to-do, he will find the like of
his equipment when he goes out, so let him do what he
likes with his equipment."
Yahya related to me from Malik from Nafi from Abdullah
ibn Umar that the Messenger of Allah, may Allah bless him
and grant him peace, sent a raiding party which included
Abdullah ibn Umar near Najd. They plundered many camels
and their portions were twelve or eleven camels each. They
divided it up camel by camel.
Yahya related to me from Malik from Yahya ibn Said that
he heard Said ibn al-Musayyab say, "When people in
military expeditions divided the spoils, they made a camel
equal to ten sheep."
Malik said about the paid labourer in military
expeditions, "If he is present at the battle and is with
the people in the battle and he is a free man, he has his
share. If he is not present, he has no share."
Malik summed up, "I think that the booty is only
divided among free men who have been present at the
battle. "
Section: Things on Which the Tax of One Fifth (Khumus)
is Not Obligatory
Malik said about enemy soldiers who were found on the
seashore of a Muslim land, and they claimed that they were
merchants and that the sea had driven them ashore, while
the Muslims were not able to verify any of that except
that their ships were damaged, or they were thirsty and
had disembarked without the permission of the Muslims, "I
think that it is up to the imam to give his opinion about
them, and I do not think that the tax of one fifth is
taken from them."
Section: What It is Permissible for the Muslims to Eat
Before the Spoils are Divided
Malik said, "I do not see that there is any harm in the
Muslims eating whatever food they come across in enemy
territory before the spoils are divided."
Malik said, "I think that any camels, cattle and sheep
(taken as booty) are considered as food which the Muslims
can eat in enemy territory. If they could not be eaten
until the people had gathered for the division and the
spoils had been distributed among them, that would be
harmful for the army. I do not see any objection to eating
such things within acceptable limits. I do not think,
however, that anyone should store up any of it to take
back to his family."
Malik was asked whether it was proper for a man who
obtained food in enemy territory and ate some of it and
made provision so that there was some of it left over to
keep and eat with his family, or to sell before he had
come to his country and make use of its price. He said,
"If he sells it while he is on a military expedition, I
think that he should put its price into the booty of the
Muslims. If he takes it back to his country, I see no
objection to his eating it and using it if it is a small
insignificant thing."
Section: Returning to the Owner What has been Captured
by the Enemy Before the Spoils are Divided
Yahya related to me from Malik that it reached him that
a slave of Abdullah ibn Umar escaped and one of his horses
wandered off, and the idol worshippers seized them. Then
the Muslims recaptured them, and they were returned to
Abdullah ibn Umar, before the division of the spoils took
place.
I heard Malik say about muslim property that had been
seized by the enemy, "If it is noticed before the
distribution, then it is returned to itsowner. Whatever
has already been distributed is not returned to anyone."
Malik, when asked about a man whose young male slave
was taken by the idol worshippers and then the Muslims
re-captured him, said, "The owner is more entitled to him
without having to pay his price or value or having to
incur any loss before the distribution takes place. If the
distribution has already taken place then I think that the
slave belongs to his master for his price if the master
wants him back."
Regarding an umm walad of a Muslim man who has been
taken by the idol worshippers and then recaptured by the
Muslims and allotted in the distribution of spoils and
then recognised by her master after the distribution,
Malik said, "She is not to be enslaved. I think that the
Imam should pay a ransom for her for her master. If he
does not do it, then her master must pay a ransom for her
and not leave her. I do not think that she should be made
a slave by whoever takes her and intercourse with her is
not halal. She is in the position of a free woman because
her master would be required to pay compensation if she
injured somebody and so she is in the same position (as a
wife). He must not leave the mother of his son to be
enslaved nor may intercourse with her be made halal."
Malik was asked about a man who went to enemy territory
to pay ransom or to trade, and he bought a free man or a
slave, or they were given to him. He said, "As for the
free man, the price he buys him for is a debt against the
man and he is not made a slave. If the captive is given to
him freely, he is free and owes nothing unless the man
gave something in recompense for him. That is a debt
against the free man, the same as if a ransom had been
paid for him. As for a slave, his former master can choose
to take him back and pay his price to the man who bought
him or he can choose to leave him, as he wishes. If he was
given to the man, the former master is more entitled to
him, and he owes nothing for him unless the man gave
something for him in recompense. Whatever he gave for him
is a loss against the master if he wants him back."
Section: Stripping the Slain of their Personal Effects
in the Booty
Yahya related to me from Malik from Yahya ibn Said from
Amr ibn Kathir ibn Aflah from Abu Muhammad, the mawla of
Abu Qatada that Abu Qatada ibn Ribi said, "We went out
with the Messenger of Allah, may Allah bless him and grant
him peace, in the year of Hunayn. When the armies met, the
Muslims were put in disarray. I saw a man from the idol
worshippers who had got the better of one of the Muslims,
so I circled round and came up behind him, and struck him
with a sword on his shoulder-blade. He turned to me and
grabbed me so hard that I felt the smell of death in it.
Then death overcame him, and he let go of me."
He continued, "I met Umar ibn al-Khattab and said to
him, 'What's going on with the people?' He replied, 'The
Command of Allah.' Then the people took hold of the battle
and the Messenger of Allah, may Allah bless him and grant
him peace, said, 'Whoever has killed one of the dead and
can prove it, can strip him of his personal effects.' I
stood up and said, 'Who will testify for me?' and then I
sat down. The Messenger of Allah repeated, 'Whoever has
killed one of the dead and can prove it, can strip him of
his personal effects.' I stood up and said, 'Who will
testify for me?' then I sat down. Then he repeated his
statement a third time, so I stood up, and the Messenger
of Allah, may Allah bless him and grant him peace, said,
'What's the matter with you, Abu Qatada?' So I related my
story to him. A man said, 'He has spoken the truth,
Messenger of Allah. I have the effects of that slain
person with me, so give him compensation for it, Messenger
of Allah.'
Abu Bakr said, 'No, by Allah! He did not intend that
one of the lions of Allah should fight for Allah and His
Messenger and then give you his spoils.' The Messenger of
Allah, may Allah bless him and grant him peace, said, 'He
has spoken the truth, hand it over to him.' He gave it to
me, and I sold the breast-plate and I bought a garden in
the area of the Banu Salima with the money. It was my
first property, and I acquired it in Islam."
Yahya related to me from Malik from Ibn Shihab that al-Qasim
ibn Muhammad said that he had heard a man asking ibn Abbas
about booty. Ibn Abbas said, "Horses are part of the booty
and personal effects are as well."
Then the man repeated his question, and Ibn Abbas
repeated his answer. Then the man said, "What are the
spoils which He, the Blessed, the Exalted, mentioned in
His Book?" He kept on asking until Ibn Abbas was on the
verge of being annoyed, then Ibn Abbas said, "Do you know
who this man is like? Ibn Sabigh, who was beaten by Umar
ibn al-Khattab because he was notorious for asking foolish
questions."
Yahya said that Malik was asked whether someone who
killed one of the enemy could keep the man's effects
without the permission of the Imam. He said, "No one can
do that without the permission of the Imam. Only the Imam
can make ijtihad. I have not heard that the Messenger of
Allah, may Allah bless him and grant him peace, ever said,
'Whoever kills someone can have his effects,' on any other
day than the day of Hunayn."
3
Section: Awarding Bonuses from the Tax of One Fifth (Khumus)
Yahya related to me from Malik from Abu'z-Zinad that
Said ibn al-Musayyab said, "People used to be given
bonuses from the Khumus."
Malik said, "That is the best of what I have heard on
the matter."
Malik was asked about bonuses and whether they were
taken from the first of the spoils, and he said, "That is
only decided according to the ijtihad of the Imam. We do
not have a known reliable command about that other than it
is up to the ijtihad of the Sultan. I have not heard that
the Messenger of Allah, may Allah bless him and grant him
peace, gave bonuses in all his raids. I have only heard
that he gave bonuses in one of them, namely the day of
Hunayn. It depends on the ijtihad of the Imam whether they
are taken from the first of the spoils or what is after
it."
Section: The Share of the Spoils Allotted to Cavalry in
Military Expeditions
Yahya related to me that Malik said that he had heard
that Umar ibn Abd al-Aziz used to say, "The man on
horse-back has two shares, and the man on foot has one."
Malik added, "I continue to hear the same."
Malik, when asked whether a man who was present with
several horses took a share for all of them, said, "I have
never heard that. I think that there is only a share for
the horse on which he fought."
Malik said, "I think that foreign horses and
half-breeds are considered as horses because Allah, the
Blessed, the Exalted, said in His Book, 'All horses, and
mules, and asses, for you to ride, and as an adornment.'
(Sura16 ayat 8). He said, the Mighty, the Majestic, 'Make
ready for them whatever force and strings of horses you
can, to terrify thereby the enemy of Allah and your
enemy.' (Sura 8 ayat 60). I think that foreign breeds and
half-breeds are considered as horses if the governor
accepts them."
Said ibn al-Musayyab was asked about working horses,
and whether there was zakat on them. He said, "Is there
any zakat on horses.?"
Yahya related to me from Malik from Abd ar-Rahman ibn
Said from Amr ibn Shuayb that when the Messenger of Allah,
may Allah bless him and grant him peace, came back from
Hunayn heading for al-Jiirrana, the people crowded around
so much to question him that his she-camel backed into a
tree, which became entangled in his cloak and pulled it
off his back. The Messenger of Allah, may Allah bless him
and grant him peace, said, "Return my cloak to me. Are you
afraid that I will not distribute among you what Allah has
given you as spoils. By He in whose hand my self is! Had
Allah given you spoils equal to the number of acacia trees
on the plain of Tihama, I would have distributed it among
you. You will not find me to be miserly, cowardly, or a
liar." Then the Messenger of Allah, may Allah bless him
and grant him peace, got down and stood among the people,
and said, "Hand over even the needle and thread, for
stealing from the spoils is disgrace, fire, ignominy on
the Day of Rising for people who do it." Then he took a
bit of camel fluff or something from the ground and said,
"By He in whose hand my self is! What Allah has made
spoils for you is not mine - even the like of this! -
except for the tax of one fifth, and the tax of one fifth
is returned to you."
Yahya related to me from Malik from Yahya ibn Said from
Muhammad ibn Yahya ibn Habban from Ibn Abi Amra that Zayd
ibn Khalid al-Juhani said, "A man died on the day of
Hunayn, and they mentioned him to the Messenger of Allah,
may Allah bless him and grant him peace." Zayd claimed
that the Messenger of Allah, may Allah bless him and grant
him peace, said, "You pray over your companion." (i.e. he
would not pray himself). The people's faces dropped at
that. Zayd claimed that the Messenger of Allah, may Allah
bless him and grant him peace, said, "Your companion stole
from the spoils taken in the way of Allah." Zayd said, "So
we opened up his baggage and found some Jews' beads worth
about two dirhams."
Yahya related to me from Malik from Yahya ibn Said from
Abdullah ibn al-Mughira ibn Abi Burda al-Kinani that he
had heard that the Messenger of Allah, may Allah bless him
and grant him peace, came to the people in their tribes
and made dua for them, but left out one of the tribes.
Abdullah related, "The tribe found an onyx necklace in the
saddle-bags of one of their men. The Messenger of Allah,
may Allah bless him and grant him peace, came to them, and
then did the takbir over them as one does the takbir over
the dead."
Yahya related to me from Malik from Thawr ibn Zayd ad-Dili
from Abu'l-Ghayth Salim, the mawla of ibn Muti that Abu
Hurayra said, "We went out with the Messenger of Allah,
may Allah bless him and grant him peace, in the yearof
Khaybar. We did not capture any gold or silver except for
personal effects, clothes, and baggage. Rifaa ibn Zayd
presented a black slave boy to the Messenger of Allah, may
Allah bless him and grant him peace, whose name was Midam.
The Messenger of Allah, may Allah bless him and grant him
peace, made for Wadi'l-Qura, and when he arrived there,
Midam was unsaddling the camel of the Messenger of Allah,
may Allah bless him and grant him peace, when a stray
arrow struck and killed him. The people said, 'Good luck
to him! The Garden!' The Messenger of Allah said, 'No! By
He in whose hand my self is! The cloak which he took from
the spoils on the Day of Khaybar before they were
distributed will blaze with fire on him.' When the people
heard that, a man brought a sandal-strap or two
sandal-straps to 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, 'A sandal-strap or
two sandal-straps of fire!' "
Yahya related to me from Malik from Yahya ibn Said that
he had heard that Abdullah ibn Abbas said, "Stealing from
the spoils does not appear in a people but that terror is
cast into their hearts. Fornication does not spread in a
people but that there is much death among them. A people
do not lessen the measure and weight but that provision is
cut off from them. A people do not judge without right but
that blood spreads among them. A people do not betray the
pledge but that Allah gives their enemies power over
them."
Yahya related to me from Malik from Abu'z-Zinad from
al-Araj from Abu Hurayra that the Messenger of Allah, may
Allah bless him and grant him peace, said, "By He in whose
hand my self is! I would like to fight in the way of Allah
and be killed, then be brought to life again so I could be
killed, and then be brought to life again so I could be
killed." Abu Hurayra said three times, "I testify to it by
Allah!"
Yahya related to me from Malik from Abu'z-Zinad from
al-Araj from Abu Hurayra that the Messenger of Allah, may
Allah bless him and grant him peace, said, "Allah laughs
at two men. One of them kills the other, but each of them
will enter the Garden: one fights in the way of Allah and
is killed, then Allah turns to the killer, so he fights
(in the way of Allah) and also becomes a martyr."
Yahya related to me from Malik from Abu'z-Zinad from
al-Araj from Abu Hurayra that the Messenger of Allah, may
Allah bless him and grant him peace, said, "By He in whose
hand my self is! None of you is wounded in the way of
Allah - and Allah knows best who is wounded in HisWay, but
that when the Day of Rising comes, blood will gush forth
from his wound. It will be the colour of blood, but its
scent will be that of musk."
Yahya related to me from Malik from Zayd ibn Aslam that
Umar ibn al-Khattab used to say, "O Allah! Do not let me
be slain by the hand of a man who has prayed a single
prostration to You with which he will dispute with me
before You on the Day of Rising!"
Yahya related to me from Malik from Yahya ibn Said from
Said al-Maqburi from Abdullah ibn Abi Qatada that his
father had said that a man came to the Messenger of Allah,
may Allah bless him and grant him peace, and said, "O
Messenger of Allah! If I am killed in the way of Allah,
expectant for reward, sincere, advancing, and not
retreating, will Allah pardon my faults?" The Messenger of
Allah, may Allah bless him and grant him peace, said,
"Yes." When the man turned away, the Messenger of Allah,
may Allah bless him and grant him peace, called him - or
commanded him and he was called to him. The Messenger of
Allah, may Allah bless him and grant him peace, said to
him, "What did you say?" He repeated his words to him, and
the Prophet, may Allah bless him and grant him peace, said
to him, "Yes, except for the debt. Jibril said that to
me."
Yahya related to me from Malik from Abu'n-Nadr, the
mawla of Umar ibn Ubaydullah that he had heard that the
Messenger of Allah, may Allah bless him and grant him
peace, said over the martyrs of Uhud, "I testify for
them." Abu Bakr as-Siddiq said, "Messenger of Allah! Are
we not their brothers? We entered Islam as they entered
Islam and we did jihad as they did jihad." The Messenger
of Allah, may Allah bless him and grant him peace, said,
"Yes, but I do not know what you will do after me." Abu
Bakr wept profusely and said, "Are we really going to
out-live you!"
Yahya related to me from Malik that Yahya ibn Said
said, "The Messenger of Allah, may Allah bless him and
grant him peace, was sitting by a grave which was being
dug at Madina. A man looked into the grave and said, 'An
awful bed for the mumin. 'The Messenger of Allah, may
Allah blesshim and grant him peace, said, 'Evil? What you
have said is absolutely wrong.'
The man said, 'I didn't mean that, Messenger of Allah.
I meant being killed in the way of Allah.' The Messenger
of Allah, may Allah bless him and grant him peace, said,
'Being killed in the way of Allah has no like! There is no
place on the earth which I would prefer my grave to be
than here (meaning Madina). He repeated it three times.' "
Yahya related to me from Malik from Zayd ibn Aslam that
Umar ibn al-Khattab used to say, "O Allah! I ask you for
martyrdom in Your way and death in the city of Your
Messenger!"
Yahya related to me from Malik from Yahya ibn Said that
Umar ibn al-Khattab said, "The nobility of the mumin is
his taqwa. His deen is his noble descent. His manliness is
his good character. Boldness and cowardice are but
instincts which Allah places wherever He wills. The coward
shrinks from defending even his father and mother, and the
bold one fights for the sake of the combat not for the
spoils. Being slain is but one way of meeting death, and
the martyr is the one who gives himself, expectant of
reward from Allah."
Yahya related to me from Malik from Nafi from Abdullah
ibn Umar that Umar ibn al-Khattab was washed and shrouded
and prayed over, yet he was a martyr, may Allah have mercy
on him .
Yahya related to me from Malik that he had heard the
people of knowledge say that martyrs in the way of Allah
were not washed, nor were any of them prayed over. They
were buried in the garments in which they were slain.
Malik said, "That is the sunna for someone who is
killed on the battleground and is not reached until he is
already dead. Someone who is carried off and lives for as
long as Allah wills after it, is washed and prayed over as
was Umar ibn al-Khattab."
Section: What is Disliked to be done with Something
Given in the Way of Allah
Yahya related to me from Malik from Yahya ibn Said that
Umar ibn al-Khattab in one year gave 40,000 camels as
mounts. Sometimes he would give one man a camel to
himself. Sometimes he would give one camel between two men
to take them to Iraq. A man from Iraq came to him and
said, "Give Suhaym and I a mount.''Umar ibn al-Khattab
said to him,"l demand from you, by Allah!, is Suhaym a
water skin?" He said, "Yes."
Yahya related to me from Malik from Ishaq ibn Abdullah
ibn Abi Talha that Anas ibn Malik had said that when the
Messenger of Allah, may Allah bless him and grant him
peace, went to Quba, he visited Umm Haram bint Milhan and
she fed him. Umm Haram was the wife of Ubada ibn as-Samit.
One day the Messenger of Allah, may Allah bless him and
grant him peace, had called on her and she had fed him,
and sat down to delouse his hair. The Messenger of Allah,
may Allah bless him and grant him peace, had dozed and
woke up smiling. Umm Haram said, "What is making you
smile, Messenger of Allah?" He said, "Some of my community
were presented to me, raiding in the way of Allah. They
were riding in the middle of the sea, kings on thrones, or
like kings on thrones." (Ishaq wasn't sure). She said, "O
Messenger of Allah! Ask Allah to put me among them!" So he
had made a dua for her, and put his head down and slept.
Then he had woken up smiling, and she said to him,
"Messenger of Allah, why are you smiling?" He said, "Some
of my community were presented to me, raiding in the way
of Allah. They were kings on thrones or like kings on
thrones," as he had said in the first one. She said, "O
Messenger of Allah! Ask Allah to put me among them!" He
said, "You are among the first."
Ishaq added, "She travelled on the sea in the time of
Muawiya, and when she landed, she was thrown from her
mount and killed."
Yahya related to me from Malik from Yahya ibn Said from
Abu Salih as-Samman from Abu Hurayra that the Messenger of
Allah, may Allah bless him and grant him peace, said, "Had
I not been concerned for my community, I would have liked
never to stay behind a raiding party going out in the way
of Allah. However, I do not find the means to carry them
to it, nor do they find anything on which to ride out and
it is grievous for them that they should stay behind me. I
would like to fight in the way of Allah and be killed,
then brought to life so I could be killed and then brought
to life so I could be killed."
Yahya related to me from Malik that Yahya ibn Said
said, "On the Day of Uhud, The Messenger of Allah, may
Allah bless him and grant him peace, said, 'Who will bring
me news of Sad ibn al-Rabi al-Ansari?' a man said, 'Me,
Messenger of Allah!' So the man went around among the
slain, and Sad ibn al-Rabi said to him, 'What are you
doing?' The man said to him, 'The Messenger of Allah, may
Allah bless him and grant him peace, sent me to bring him
news of you.' He said, 'Go to him, and give him my
greetings, and tell him that I have been stabbed twelve
times, and am mortally wounded. Tell your people that they
will have no excuse with Allah if the Messenger of Allah,
may Allah bless him and grant him peace, is slain while
one of them is still alive.' "
Yahya related to me from Malik from Yahya ibn Said that
the Messenger of Allah, may Allah bless him and grant him
peace, stimulated people for jihad and mentioned the
Garden. One of the Ansar was eating some dates in his
hand, and said, "Am I so desirous of this world that I
should sit until I finish them?" He threw aside what was
in his hand and took his sword, and fought until he was
slain .
Yahya related to me from Malik from Yahya ibn Said that
Muadh ibn Jabal said, "There are two military expeditions.
There is one military expedition in which valuables are
spent, the contributor is willing, the authorities are
obeyed, and corruption is avoided. That military
expedition is all good. There is a military expedition in
which valuables are not spent, the contributor is not
willing, the authorities are not obeyed, and corruption is
not avoided. The one who fights in that military
expedition does not return with reward."
Section: Horses and Racing Them and Expending in
Military Expeditions
Yahya related to me from Malik from Nafi from Abdullah
ibn Umar that the Messenger of Allah, may Allah bless him
and grant him peace, said, "Blessing is in the forelocks
of horses until the Day of Rising."
Yahya related to me from Malik from Nafi from Abdullah
ibn Umar that the Messenger of Allah, may Allah bless him
and grant him peace, held a race between horses which had
been made lean by training, from al-Hafya to
Thaniyatu-lWada. He held a race between horses which had
not been made lean from the Thaniya (a mountain pass near
Madina) to the mosque of the Banu Zurayq. Abdullah ibn
Umar was among those who raced them .
Yahya related to me from Malik that Yahya ibn Said
heard Said ibn al-Musayyab say, "There is no harm in
placing stakes on horses if a third horse enters it. The
winner takes the stake, and there is no fine against the
loser."
Yahya related to me from Malik from Yahya ibn Said that
the Messenger of Allah, may Allah bless him and grant him
peace, was seen wiping the face of his horse with his
cloak. He was questioned about it and said, "I was
reproached in the night about horses." i.e. not taking
care of them.
Yahya related to me from Malik from Humayd at-Tawil
from Anas ibn Malik that when the Messenger of Allah, may
Allah bless him and grant him peace, went out to Khaybar,
he arrived there at night, and when he came upon a people
by night, he did not attack until morning. In the morning,
the jews came out with their spades and baskets. When they
saw him, they said, "Muhammad! By Allah, Muhammad and his
army!" The Messenger of Allah, may Allah bless him and
grant him peace, said "Allah is greater! Khaybar is
destroyed. When we come to a people, it is an evil morning
for those who have been warned . "
Yahya related to me from Malik from Ibn Shihab from
Humayd ibn Abd ar-Rahman ibn Awf from Abu Hurayra that the
Messenger of Allah, may Allah bless him and grant him
peace, said, "Whoever hands over two of any type of
property in the way of Allah is called to the Garden, with
the words 'O slave of Allah! This is good!' Whoever is
among the people of prayer, is called from the gate of
prayer. Whoever is among the people of jihad is called
from the gate of jihad. Whoever is among the people of
sadaqa, is called from the gate of sadaqa. Whoever is
among the people of fasting, is called from the gate of
the well-watered. (Bab ar-Rayyan)."
Abu Bakr as-Siddiq said, "Messenger of Allah! Is it
absolutely necessary that one be called from one of these
gates? Can someone be called from all of these gates?" He
said, "Yes, and I hope you are among them ."
21.20 Acquisition of the Land of Those who Surrender
from the People of Dhimma
Malik was asked whether, when an imam had accepted
jizya from a people and they gave it, he thought that the
land of one of them who surrendered belonged to him or
whether his land and property belonged to the Muslims.
Malik said, "That varies. As for the people of peace, if
one of them surrenders, then he is entitled to his land
and property. As for the people of force who use force, if
one of them surrenders, his land and property belong to
the Muslims because the people of force are overcome in
their towns, and it becomes booty for the Muslims. As for
the people of peace, their property and selves are
protected so that they make peace for them. Only what they
have made peace for is obliged of them."
Section: Burial in One Grave by Necessity and Abu Bakr's,
may Allah be Pleased with Him, Carrying Out the Promise of
the Messenger of Allah, may Allah Bless Him and Grant Him
Peace, After the Death of the Messenger, may Allah Bless Him
and Grant Him Peace
Yahya related to me from Malik from Abd ar-Rahman ibn
Abi Sasaca that he had heard that Amr ibn al-Jamuh al-Ansari
and Abdullah ibn Umar al-Ansari, both of the tribe of Banu
Salami, had their grave uncovered by a flood. Their grave
was part of what was left after the flood. They were in
the same grave, and they were among those martyred at Uhud.
They were dug up so that they might be moved. They were
found unchanged. It was as if they had died only the day
before. One of them had been wounded, and he had put his
hand over his wound and had been buried like that. His
hand was pulled away from his wound and released, and it
returned to where it had been. It was forty-six years
between Uhud and the day they were dug up.
Malik said, "There is no harm in burying two or three
men in the same grave due to necessity. The oldest one is
put next to the qibla."
Yahya related to me from Malik that Rabia ibn Abi Abd
ar-Rahman said, "Property was sent to Abu Bakr as-Siddiq
from Bahrayn. He said, 'If someone had a promise or a
pledge with the Messenger of Allah, may Allah bless him
and grant him peace, let him come to me.' So Jabir ibn
Abdullah came to him, and he gave him three times as much
of it as would fill both hands.''