(1) باب مَا يَلْزَمُ الإِمَامَ مِنْ حَقِّ الرَّعِيَّةِ
Narrated 'Abdullah bin 'Umar:
The Messenger of Allah (ﷺ) as saying: Each of you is a shepherd and each of you is responsible for his flock. The amir (ruler) who is over the people is a shepherd and is responsible for his flock; a man is a shepherd in charge of the inhabitants of his household and he is responsible for his flock; a woman is a shepherdess in charge of her husband's house and children and she is responsible for them; and a man's slave is a shepherd in charge of his master's property and he is responsible for it. So each of you is a shepherd and each of you is responsible for his flock.
(2) باب مَا جَاءَ فِي طَلَبِ الإِمَارَةِ
Narrated 'Abd al-Rahman b. Samurah:
The Messenger of Allah (ﷺ) said to me: 'Abdul al-Rahman b. Samurah, do not ask for the position of commander, for if you are given it after asking you will be left to discharge it yourself, but if you are given it without asking you will be helped to discharge it.
Narrated Abu Musa:
I went along with two men to see the Prophet (ﷺ). One of them recited tashahhud and said: We have come to you so that you may employ us for your work. The other also said the same thing. He (the Prophet) replied: The most faithless of you in our eyes is the one who asked for it (responsible post). Abu Musa then apologized to the Prophet (ﷺ) and said: I did not know why they came to you. He did not employ them for anything until he died.
(3) باب فِي الضَّرِيرِ يُوَلَّى
Narrated Anas:
The Prophet (ﷺ) appointed Ubn Umm Makthum as a governor of Medina (in his absence) twice.
(4) باب فِي اتِّخَاذِ الْوَزِيرِ
Narrated Aisha, Ummul Mu'minin:
The Messenger of Allah (ﷺ) said: When Allah has a good purpose for a ruler, He appoints for him a sincere minister who reminds him if he forgets and helps him if he remembers; but when Allah has a different purpose from that for him. He appoints for him an evil minister who does not remind him if he forgets and does not help him if he remembers.
(5) باب فِي الْعِرَافَةِ
Narrated Al-Miqdam ibn Ma'dikarib:
The Messenger of Allah (ﷺ) struck him on his shoulders and then said: You will attain success, Qudaym, if you die without having been a ruler, a secretary, or a chief.
Narrated Ghalib al-Qattan:
Ghalib quoted a man who stated on the authority of his father that his grandfather reported: They lived at one of the springs. When Islam reached them, the master of the spring offered his people one hundred camels if they embraced Islam. So they embraced Islam, and he distributed the camels among them. But it occurred to him that he should take the camels back from them. He sent his son to the Prophet (ﷺ) and said to him: Go to the Prophet (ﷺ) and tell him: My father extends his greetings to you. He asked his people to give them one hundred camels if they embraced Islam, and they embraced Islam. He divided the camels among them. But it occurred to him then that he should withdraw his camels from them. Is he more entitled to them or we? If he says: Yes or no, then tell him: My father is an old man, and he is the chief of the people living at the water. He has requested you to make me chief after him. He came to him and said: My father has extended his greetings to you. He replied: On you and you father be peace. He said: My father asked his people to give them one hundred camels if they embraced Islam. So they embraced Islam, and their belief in Islam is good. Then it occurred to him that he should take his camels back from them. Is he more entitled to them or are they? He said: If he likes to give them the camels, he may give them; and if he likes to take them back, he is more entitled to them than his people. If they embraced Islam, then for them is their Islam. If they do not embrace Islam, they will be fought against in the cause of Islam. He said: My father is an old man; he is the chief of the people living at the spring. He has asked you to appoint me chief after him. He replied: The office of a chief is necessary, for people must have chiefs, but the chiefs will go to Hell.
(6) باب فِي اتِّخَاذِ الْكَاتِبِ
Narrated Ibn 'Abbas:
The Prophet (ﷺ) has a secretary named Sijill.
(7) باب فِي السِّعَايَةِ عَلَى الصَّدَقَةِ
Narrated Rafi' ibn Khadij:
I heard the Messenger of Allah (ﷺ) say: The official who collects sadaqah (zakat) in a just manner is like him who fights in Allah's path till he returns home.
Narrated Uqbah ibn Amir:
I heard the Messenger of Allah (ﷺ) as saying: One who wrongfully takes an extra tax (sahib maks) will not enter Paradise.
Narrated Ibn Ishaq:
Sahib maks means one who (receives) tithes (from) people.
(8) باب فِي الْخَلِيفَةِ يَسْتَخْلِفُ
Narrated Ibn 'Umar:
'Umar said: I shall not appoint a successor, for the Messenger of Allah (ﷺ) did not appoint a successor. If I appoint a successor (I can do so), for Abu Bakr had appointed a successor. He Ibn 'Umar) said: I swear by Allah, he did not mention (anyone) but the Messenger of Allah (ﷺ) and Abu Bakr. So I learnt he would not equate anyone with the Messenger of Allah (ﷺ), for he did not appoint any successor.
(9) باب مَا جَاءَ فِي الْبَيْعَةِ
Narrated Ibn 'Umar:
We used to take the oath of allegiance to the Prophet (ﷺ) to hear and obey, and he would tell: In What I am able.
Narrated 'Aishah:
The Messenger of Allah (ﷺ) never touched the hand of woman, but he received the oath of allegiance from her. When he received the oath of allegiance from her, she gave it to him, and he said: Go, I have received your oath of allegiance.
Narrated 'Abd Alla b. Hisham, :
who was a Companion, reported that his mother Zainab daughter of Humain went to the Messenger of Allah (ﷺ) and said: Messenger of Allah, receive the oath of allegiance from him. The Messenger of Allah (ﷺ) said: He is Minor. He then wiped his head.
(10) باب فِي أَرْزَاقِ الْعُمَّالِ
Narrated Buraidah:
The Prophet (ﷺ) as saying: When we appoint someone to an administrative post and provide him with an allowance, anything he takes beyond that is unfaithful dealing.
Narrated Ibn al-Sa'idi:
'Umar reported me to collect the sadaqah (i.e. zakat). When I became free, he ordered to give me payment for it. I said: I have worked for the sake of Allah. He said: Take what you have been given, for I held an administrative post in the time of the Messenger of Allah (ﷺ), and he gave me payment for it.
Narrated Al-Mustawrid ibn Shaddad:
Al-Mustawrid heard the Prophet (ﷺ) say: He who acts as an employee for us must get a wife; if he has not a servant, he must get one, and if he has not a dwelling, he must get one.He said that Abu Bakr reported: I was told that the Prophet (ﷺ) said: He who takes anything else he is unfaithful or thief.
(11) باب فِي هَدَايَا الْعُمَّالِ
Narrated Abu Humaid al-Sa'idi:
The Prophet (ﷺ) appointed a man of Azd called Ibn al-Lutbiyayah (to collect sadaqah). The narrator Ibn al-Sarh said: (He appointed) Ibn al-Utbiyyah to collect the sadaqah. When he returned he said: This is for you and this was given to me as present. So the Prophet (ﷺ) stood on the pulpit, and after praising and extolling Allah he said: What is the matter with a collector of sadaqah. We send him (to collect sadaqah), and when he return he says: This is for you and this is a present which was given to me. Why did he not sit in his father's or mother's house and see whether it would be given to him or not ? Whoever takes any of it will inevitably bring it on the Day of Resurrection, be it a camel which rumbles, an ox which bellows, or sheep which-bleats. Then raising his arms so that we could see where the hair grow under his armpits, he said: O Allah, have I given full information ? O Allah, have I given full information ?
(12) باب فِي غُلُولِ الصَّدَقَةِ
Narrated AbuMas'ud al-Ansari:
The Prophet (ﷺ) appointed me to collect sadaqah and then said: Go, AbuMas'ud, I should not find you on the Day of Judgment carrying a camel of sadaqah on your back, which rumbles, the one you have taken by unfaithful dealing in sadaqah. He said: If it is so, I will not go. He said: Then I do not force you.
(13) باب فِيمَا يَلْزَمُ الإِمَامَ مِنْ أَمْرِ الرَّعِيَّةِ وَالْحَجَبَةِ عَنْهُ
Narrated AbuMaryam al-Azdi:
When I entered upon Mu'awiyah, he said: How good your visit is to us, O father of so-and-so. (This is an idiom used by the Arabs on such occasions). I said: I tell you a tradition which I heard (from the Prophet). I heard the Messenger of Allah (ﷺ) say: If Allah puts anyone in the position of authority over the affairs of the Muslims, and he secludes himself (from them), not fulfilling their needs, wants, and poverty, Allah will keep Himself away from him, not fulfilling his need, want and poverty. He said: He (Mu'awiyah) appointed a man to fulfil the needs of the people.
Narrated AbuHurayrah:
The Prophet (ﷺ) said: It is not on my own that I give you or withhold from you: I am just a treasure, putting it where I have been commanded.
Narrated Umar ibn al-Khattab:
Malik ibn Aws ibn al-Hadthan said: One day Umar ibn al-Khattab mentioned the spoils of war and said: I am not more entitled to this spoil of war than you; and none of us is more entitled to it than another, except that we occupy our positions fixed by the Book of Allah, Who is Great and Glorious, and the division made by the Messenger of Allah (ﷺ), people being arranged according to their precedence in accepting Islam, the hardship they have endured their having children and their need.
(14) باب فِي قَسْمِ الْفَىْءِ
Narrated Abdullah ibn Umar:
Zayd ibn Aslam said: Abdullah ibn Umar entered upon Mu'awiyah. He asked: (Tell me) your need, AbuAbdurRahman. He replied: Give (the spoils) to those who were set free, for I saw the first thing the Messenger of Allah (ﷺ) did when anything came to him was to give something to those who had been set free.
Narrated Aisha, Ummul Mu'minin:
The Prophet (ﷺ) was brought a pouch containing bead and divided it among free women and slave women. Aisha said: My father used to divide things between free men and slave.
Narrated 'Awf bin Malik:
When the spoils (fai') came to the Messenger of Allah (ﷺ), he divided it that day ; he gave two portions to a married man and one to a bachelor. The narrator Ibn al-Musaffa added: We were summoned, and I would be summoned before 'Ammar. So I was summoned and he gave me two portions, for I had a family ; then 'Ammar b. Yasir was summoned after me and given one.
(15) باب فِي أَرْزَاقِ الذُّرِّيَّةِ
Narrated Jabir ibn Abdullah:
The Prophet (ﷺ) said: I am nearer to the believers than themselves, so if anyone leaves property, it goes to his heirs, and if anyone leaves debt and dependants, let the matter come to me and I shall be responsible.
Narrated Abu Hurairah:
The Messenger of Allah (ﷺ) as saying: If anyone leaves property, it goes to his heirs. And if anyone leaves dependents (without resources), they come to us.
Narrated Jabir b. 'Abd Allah :
The Prophet (ﷺ) as saying: I am nearer to every believer than himself, and if anyone leaves, it goes to his heirs.
(16) باب مَتَى يُفْرَضُ لِلرَّجُلِ فِي الْمُقَاتِلَةِ
Narrated Nafi':
That Ibn 'Umar was presented before the Prophet (ﷺ) on the day of Uhud, when he was fourteen years old, but he did not allow him. He was again presented to him on the day of Khandaq (the battle of Trench) when he was fifteen years old, he allowed him.
(17) باب فِي كَرَاهِيَةِ الاِفْتِرَاضِ فِي آخِرِ الزَّمَانِ
Narrated A man:
Sulaym ibn Mutayr reported on the authority of his father that Mutayr went away to perform hajj. When he reached as-Suwaida', a man suddenly came searching for medicine and ammonium anthorhizum extract, and he said: A man who heard the Messenger of Allah (ﷺ) addressing the people commanding and prohibiting them, told me that he said: O people, accept presents so long as they remain presents; but when the Quraysh quarrel about the rule, and the presents are given for the religion of one of you, then leave them alone.Abu Dawud said: This tradition has been transmitted by Ibn al-Mubarak from Muhammad b. Yasar from Sulaim b. Mutair.
Narrated Dhul-Zawa'id:
Mutayr said: I heard a man say: I heard the Messenger of Allah (ﷺ) in the Farewell Pilgrimage. He was commanding and prohibiting them (the people). He said: O Allah, did I give full information? They said: Yes. He said: When the Quraysh quarrel about the rule among themselves, and the presents become bribery, them leave them. The people were asked: Who was he (who narrated this tradition)? They said: This was Dhul-Zawa'id, a Companion of the Messenger of Allah (ﷺ).
(18) باب فِي تَدْوِينِ الْعَطَاءِ
Narrated 'Abd Allah b. Ka'b b. Malik al-Ansari:
An expedition of the Ansar was operating in Persia with their leader. 'Umar used to send expeditions by turns every year, but he neglected them. When the expired, the people of expedition appointed on the frontier came back. He ('Umar) took serious action against them and threatened them, though they were the Companions of the Messenger of Allah (ﷺ). They said: 'Umar you neglected us, and abandoned the practice for which the Messenger of Allah (ﷺ) commanded to send the detachments by turns.
Narrated Umar ibn al-Khattab:
A son of Adi ibn Adi al-Kindi said that Umar ibn AbdulAziz wrote (to his governors): If anyone asks about the places where spoils (fay') should be spent, that should be done in accordance with the decision made by Umar ibn al-Khattab (Allah be pleased with him). The believers considered him to be just, according to the saying of the Prophet (ﷺ): Allah has placed truth upon Umar's tongue and heart. He fixed stipends for Muslims, and provided protection for the people of other religions by levying jizyah (poll-tax) on them, deducting no fifth from it, nor taking it as booty.
Narrated AbuDharr:
I heard the Messenger of Allah (ﷺ) say: Allah, the Exalted, has placed truth on Umar's tongue and he speaks it.
(19) باب فِي صَفَايَا رَسُولِ اللَّهِ صلى الله عليه وسلم مِنَ الأَمْوَالِ
Narrated Malik b. Aws b. Al-Hadathan:
'Umar sent for me when the day rose high. I found him sitting on a couch without cover. When I entered upon him, he said: Malik, some people of you tribe gradually came here, and I have ordered to give them something, so distribute it among them. I said: If you assigned this (work) to some other person, (it would be better). He said: Take it. Then Yarfa' came to him and said: Commander of the Faithful, will you permit 'Uthman b. 'Affan, 'Abd al-Rahman b. 'Awf, al-Zubair b. al-'Awwam, and Sa'd b, Abi Waqqas (to enter) ? He said: Yes. So he permitted them and they entered. Yarfa' again came to him and said: Commander of the Faithful, would you permit al-'Abbas and 'Ali ? He said: Yes. He then permitted them and they entered. Al-'Abbas said: Commander of Faithful, decide between me and this, referring to 'Ali. Some of them said: Yes, Commander of the Faithful, decide between them and give them comfort. Malik b. Aws said: It occurred to me that both of them brought the other people for this. 'Umar said: Show patience (do not make haste). He then turned towards those people and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that Messenger of Allah (ﷺ) said: We are not inherited whatever we leave is sadaqah (alms). They said: Yes. He then turned towards 'Ali and al-'Abbas and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that Messenger of Allah (ﷺ) said: We are not inherited whatever we leave is sadaqah (alms). They said: Yes. He then said: Allah has appointed for the Messenger of Allah (ﷺ) a special portion (in the booty) which he did not do for anyone. Allah, Most High, said: What Allah has bestowed on His Apostle (and taken away) from them - for this ye made no expedition with either cavalry or camelry. But Allah gives power to His apostles over any He pleases ; and Allah has power over all things". Allah bestowed (the property of) Banu al-Nadir on His Apostle. I swear by Allah, he did not reserve it for himself, nor did he take it over and above you. The Messenger of Allah (ﷺ) used to his share for his maintenance annually, or used to take his contribution and give his family their annual contribution (from this property), then take what remained and deal with it as he did with Allah's property. He then turned towards those people and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that ? They said: Yes. He then turned towards 'Ali and al-'Abbas and said: I adjure you by Allah by Whose order the heaven and earth stand. Do you know that ? They said: Yes. When the Messenger of Allah (ﷺ) died, Abu Bakr said: I am the protector of the Messenger of Allah (ﷺ). Then you and this ('Ali) came to Abu Bakr, demanding a share from the inheritance of your cousin, and this ('Ali) demanding the share of his wife from (the property of her) father. Abu Bakr then said: The Messenger of Allah (ﷺ) said: We are not inherited. Whatever we leave is sadaqah. Allah knows that he (Abu Bakr) was true, faithful, rightly-guided, and the follower of Triuth. Abu Bakr then administered it (property of the Prophet). When Abu Bakr died, I said: I am the protector of the Messenger of Allah (ﷺ) and Abu Bakr. So I administered whatever Allah wished. Then you and this ('Ali) came. Both of you are at one, and your matter is the same. So they asked me for it (property), and I said: If you wish I give it to you on condition that you are bound by the covenant of Allah, meaning that you will administer it as the Messenger of Allah (ﷺ) used to administer. So you took it from me on that condition. Then again you have come to me so that I decide between you other than that. I swear by Allah, I shall not decide between you other than that till the Last Hour comes. If you helpless, return it to me.Abu Dawud said: They asked him for making it half between them, and not that they were ignorant of the fact the Prophet (ﷺ) said: We are not inherited. Whatever we leave is sadaqah (alms). They were also seeking the truth. 'Umar then said: I do not apply the name of division to it ; It leave it on its former condition.
Narrating this tradition Malik b. Aws said:
They i.e 'Ali and al-'Abbas (Allah be pleased with them), were quarrelling about what Allah bestowed on His Messenger of Allah (ﷺ), that is, the property of Banu al-Nadir.Abu Dawud said: He ('Umar) intended that the name of division should not apply to it.
Narrated 'Umar:
The properties of Banu al-Nadir were part of what Allah bestowed on His Apostle from what the Muslims has not ridden on horses or camels to get; so they belonged specially to the Messenger of Allah (ﷺ) who gave his family their annual contribution.Ibn 'Abdah said: His family (ahlihi) and not the members of his houses (ahl baitihi) ; then applied what remained for horses and weapons in Allah's path.
Narrated Al-Zuhri:
'Umar said explaining the verse: "What Allah has bestowed on His Apostle (and taken away) from them - for this ye made no expedition with either cavalry or camelry" this belonged specially to the Messenger of Allah (ﷺ): lands of 'Urainah, Fadak, and so-and-so. What Allah as bestowed on His Apostle (and taken away) from the people of the townships - belong to Allah - to the Apostle, and to kindred and orphans, the needy and the wayfarer, to the indigent emigrants, those who were expelled from their homes and their property, and to those who, before them, had homes (in Medina), and had adopted the faith, and to those who came after them. This verse completely covered all the people ; they remained no one from Muslims but he had his right in it, or share (according to Ayyub's version) except the slaves.
Narrated Umar ibn al-Khattab:
Malik ibn Aws al-Hadthan said: One of the arguments put forward by Umar was that he said that the Messenger of Allah (ﷺ) received three things exclusively to himself: Banu an-Nadir, Khaybar and Fadak. The Banu an-Nadir property was kept wholly for his emergent needs, Fadak for travellers, and Khaybar was divided by the Messenger of Allah (ﷺ) into three sections: two for Muslims, and one as a contribution for his family. If anything remained after making the contribution of his family, he divided it among the poor Emigrants.
Narrated 'Aishah, wife of Prophet (ﷺ):
Fatimah daughter of Messenger of Allah (ﷺ) sent a messenger to Abu Bakr demanding from him in inheritance of the Messenger of Allah (ﷺ) from what Allah bestowed on him at Medina and Fadak, and what remained of the fifth of Khaibar. Abu Bakr said: The Messenger of Allah (ﷺ) has said: We are not inherited. Whatever we leave is sadaqah. The family of Muhammad will eat from this property. I swear by Allah I shall not change it from the former condition of its being sadaqah as it was in the time of the Messenger of Allah (ﷺ). I shall deal with it as the Messenger of Allah dealt with it. Abu Bakr, therefore, refused to give anything to Fatimah from it.
Narrated Aisha, Ummul Mu'minin:
Fatimah was demanding (the property of) sadaqah of the Messenger of Allah (ﷺ) at Medina and Fadak, and what remained from the fifth of Khaybar. Aisha quoted AbuBakr as saying: The Messenger of Allah (ﷺ) said: We are not inherited; whatever we leave is sadaqah. The family of Muhammad will eat from this property, that is, from the property of Allah. They will not take more then their sustenance.
Narrating the above tradition, 'Aishah added:
Abu Bakr refused that to her. Her said: I am not going to leave anything the Messenger of Allah (ﷺ) used to do but I shall carry it out. I fear if I depart a little from his practice, I shall diverge (from the right path). As regards his sadaqah (property) at Medina, 'Umar had given it to 'Ali ad 'Abbas (Allah be pleased with them), and 'Ali dominated it. As for Khaibar and Fadak, 'Umar retained them. He said: They were the sadaqah (property) of the Messenger of Allah (ﷺ), exclusively reserved for his purposes that happened, and for his emergent needs. Their management was assigned to the one who was in authority. He said: They are in that condition to the present day.
Al-Zuhri, explaining the verse "For this you made no expedition with either cavalry or camelry" said:
The Prophet (ﷺ) concluded the treaty of peace with the people of Fadak and townships which he named which I could not remember ; he blockaded some other people who sent a message to him for capitulation. He said: "For this you made no expedition with either cavalry or camelry" means without fighting. Al-Zuhri said: The Banu al-Nadir property was exclusively kept for the Prophet (ﷺ) ; they did not conquer it by fighting, but conquered it by capitulation. To Prophet (ﷺ) divided it among the Emigrants. He did not give anything to the Helpers except two men were needy.
Narrated Umar ibn AbdulAziz:
Al-Mughirah (ibn Shu'bah) said: Umar ibn AbdulAziz gathered the family of Marwan when he was made caliph, and he said: Fadak belonged to the Messenger of Allah (ﷺ), and he made contributions from it, showing repeated kindness to the poor of the Banu Hashim from it, and supplying from it the cost of marriage for those who were unmarried. Fatimah asked him to give it to her, but he refused. That is how matters stood during the lifetime of the Messenger of Allah (ﷺ) till he passed on (i.e. died). When AbuBakr was made ruler he administered it as the Prophet (ﷺ) had done in his lifetime till he passed on. Then when Umar ibn al-Khattab was made ruler he administered it as they had done till he passed on. Then it was given to Marwan as a fief, and it afterwards came to Umar ibn AbdulAziz. Umar ibn AbdulAziz said: I consider I have no right to something which the Messenger of Allah (ﷺ) refused to Fatimah, and I call you to witness that I have restored it to its former condition; meaning in the time of the Messenger of Allah (ﷺ).Abu Dawud said: When 'Umar b. 'Abd al-'Aziz was made caliph its revenue was forty thousand dinars, and when he died its revenue was four hundred dinars. Had he remained alive, it would have been less than it.
Narrated AbuBakr:
AbutTufayl said: Fatimah came to AbuBakr asking him for the inheritance of the Prophet (ﷺ). AbuBakr said: I heard the Messenger of Allah (ﷺ) say: If Allah, Most High, gives a Prophet some means of sustenance, that goes to his successor.
Narrated Abu Hurairah:
The Prophet (ﷺ) as saying: Do not distribute dinars among my heirs: Whatever I left after contribution to my wives and provisions for my governor is sadaqah (alms).Abu Dawud said: 'Amil means the workers or laborers on the land (i.e. peasants).
Narrated Umar ibn al-Khattab:
AbulBakhtari said: I heard from a man a tradition which I liked. I said to him: Write it down for me. So he brought it clearly written to me. (It says): Al-Abbas and Ali entered upon Umar when Talhah, az-Zubayr, AbdurRahman and Sa'd were with him. They (Abbas and Ali) were disputing. Umar said to Talhah, az-Zubayr, AbdurRahman and Sa'd: Do you not know that the Messenger of Allah (ﷺ) said: All the property of the Prophet (ﷺ) is sadaqah (alms), except what he provided for his family for their sustenance and their clothing. We are not to be inherited. They said: Yes, indeed. He said: The Messenger of Allah (ﷺ) used to spend from his property on his family, and give the residue as sadaqah (alms). The Messenger of Allah (ﷺ) then died, and AbuBakr ruled for two years. He would deal with it in the same manner as the Messenger of Allah (ﷺ) did. He then mentioned a little from the tradition of Malik ibn Aws.
Narrated 'Aishah:
When the Messenger of Allah (ﷺ) died, the wives of the Prophet (ﷺ) intended to send 'Uthman b. 'Affan to Abu Bakr to ask him their cost of living from (the inheritance of) the Prophet (ﷺ). Thereupon 'Aishah said: Did not the Messenger of Allah (ﷺ) say: We are not inherited. Whatever we leave is sadaqah.
A similar tradition has been narrated by Ibn Shihab through a different chain of narrators. This version says:
I said: Do you not fear Allah ? Did you not hear the Messenger of Allah (ﷺ) say: We are not inherited. Whatever we leave is sadaqah (alms). This property belongs to the family of Muhammad for their emergent needs and their guest. When I die, it will go to him who becomes ruler after me.
(20) باب فِي بَيَانِ مَوَاضِعِ قَسْمِ الْخُمُسِ وَسَهْمِ ذِي الْقُرْبَى
Narrated Jubair b. Mut'im:
That he and 'Uthman b. 'Affan went to the Messenger of Allah (ﷺ) talking to him about the fifth which he divided among the Banu Hisham and Abu 'Abd al-Muttalib. I said: Messenger of Allah, you have divided (the fifth) among our brethren Banu 'Abd al-Muttalib, but you have not given us anything, though our relationship to you is the same as theirs. The Prophet (ﷺ) said: The Banu Hisham and the Banu 'Abd al-Muttalib are one. Jubair said: He did not divide the fifth among the Banu 'Abd Shams and the Banu Nawfal as he divided among the Banu Hashim and the Banu 'Abd al-Muttalib. He said: Abu Bakr used to divide the fifth like the division of Messenger of Allah (ﷺ) except that he did not give the relatives of the Messenger of Allah (ﷺ), as he gave them. 'Umar b. al-Khattab and 'Uthman after him used to give them (a portion) from it.
Narrated Jubair b. Mu'tim:
The Messenger of Allah (ﷺ) did not divide the fifth among the Banu 'Abd Shams and Banu Nawfal as he divided among the Banu Hashim and Banu 'Abd al-Muttalib. He said: Abu Bakr used to divide (the fifth) like the division of the Messenger of Allah (ﷺ), except that he did not give the relatives of the Messenger of Allah as the Messenger of Allah (ﷺ) himself gave them. 'Umar used to give them (from the fifth) and those who followed him.
Narrated Jubair b. Mu'tim:
On the day of Khaibar the Messenger of Allah (ﷺ) divided the portion to his relatives among the Banu Hashim and Banu 'Abd al-Muttalib, and omitted Banu Nawfal and Banu 'Abd Shams. So I and 'Utham b. 'Affan went to the Prophet (ﷺ) and we said: Messenger of Allah, these are Banu Hashim whose superiority we do not deny because if the position in which Allah has placed you in relation to them ; but tell us about Banu 'Abd al-Muttalib to whom you have given something while omitting us though our relationship is the same as theirs. The Messenger of Allah (ﷺ) said: There is no distinction between us and Banu 'Abd al-Muttalib in pre-Islamic days and in Islam. We and they are one, and he (ﷺ) intertwined his fingers.
Explaining the relatives of the Prophet (ﷺ) al-Saddi said:
They are Banu 'Abd al-Muttalib.
Narrated Abdullah ibn Abbas:
Yazid ibn Hurmuz said that when Najdah al-Haruri performed hajj during the rule of Ibn az-Zubayr, he sent someone to Ibn Abbas to ask him about the portion of the relatives (in the fifth). He asked: For whom do you think? Ibn Abbas replied: For the relatives of the Messenger of Allah (ﷺ). The Messenger of Allah (ﷺ) divided it among them. Umar presented it to us but we found it less than our right. We, therefore returned it to him and refused to accept it.
Narrated 'Abd al-Rahman b. Abi Laila:
I heard 'Ali say: The Messenger of Allah (ﷺ) assigned me the fifth (of the booty). I spent it on its beneficiaries during the lifetime of the Messenger of Allah (ﷺ) and Abu Bakr and of 'Umar. Some property was brought to him ('Umar) and he called me and said: Take it. I said: I dod not want it. He said: Take it ; you have right to it. I said: We do not need it. So he deposited in the government treasury.
Narrated Ali ibn AbuTalib:
I, al-Abbas, Fatimah and Zayd ibn Harithah gathered with the Prophet (ﷺ) and I said: Messenger of Allah, if you think to assign us our right (portion) in this fifth ( of the booty) as mentioned in the Book of Allah, and this I may divide during your lifetime so that no one may dispute me after you, then do it. He said: He did that. He said: I divided it during the lifetime of the Messenger of Allah (ﷺ). AbuBakr then assigned it to me. During the last days of the caliphate of Umar a good deal of property came to him and took out our portion. I said to him: We are well to do this year; but the Muslims are needy, so return it to them. He, therefore, returned it to them. No one called me after Umar. I met al-Abbas when I came out from Umar. He said: Ali, today you have deprived us of a thing that will never be returned to us. He was indeed a man of wisdom.
Narrated AbdulMuttalib ibn Rabi'ah ibn al-Harith:
AbdulMuttalib ibn Rabi'ah ibn al-Harith said that his father, Rabi'ah ibn al-Harith, and Abbas ibn al-Muttalib said to AbdulMuttalib ibn Rabi'ah and al-Fadl ibn Abbas: Go to the Messenger of Allah (ﷺ) and tell him: Messenger of Allah, we are now of age as you see, and we wish to marry. Messenger of Allah, you are the kindest of the people and the most skilled in matchmaking. Our fathers have nothing with which to pay our dower. So appoint us collector of sadaqah (zakat), Messenger of Allah, and we shall give you what the other collectors give you, and we shall have the benefit accruing from it. Ali came to us while we were in this condition. He said: The Messenger of Allah (ﷺ) said: No, I swear by Allah, he will not appoint any of you collector of sadaqah (zakat). Rabi'ah said to him: This is your condition; you have gained your relationship with the Messenger of Allah (ﷺ) by marriage, but we did not grudge you that. Ali then put his cloak on the earth and lay on it. He then said: I am the father of Hasan, the chief. I swear by Allah, I shall not leave this place until your sons come with a reply (to the question) for which you have sent them to the Prophet (ﷺ). AbdulMuttalib said: So I and al-Fadl went towards the door of the apartment of the Prophet (ﷺ). We found that the noon prayer in congregation had already started. So we prayed along with the people. I and al-Fadl then hastened towards the door of the apartment of the Prophet (ﷺ). He was (staying) with Zaynab, daughter of Jahsh, that day. We stood until the Messenger of Allah (ﷺ) came. He caught my ear and the ear of al-Fadl. He then said: Reveal what you conceal in your hearts. He then entered and permitted me and al-Fadl (to enter). So we entered and for a little while we asked each other to talk. I then talked to him, or al-Fadl talked to him (the narrator, Abdullah was not sure). He said: He spoke to him concerning the matter about which our fathers ordered us to ask him. The Messenger of Allah (ﷺ) remained silent for a moment and raised his eyes towards the ceiling of the room. He took so long that we thought he would not give any reply to us. Meanwhile we saw that Zaynab was signalling to us with her hand from behind the veil, asking us not to be in a hurry, and that the Messenger of Allah (ﷺ) was (thinking) about our matter. The Messenger of Allah (ﷺ) then lowered his head and said to us: This sadaqah (zakat) is a dirt of the people. It is legal neither for Muhammad nor for the family of Muhammad. Call Nawfal ibn al-Harith to me. So Nawfal ibn al-Harith was called to him. He said: Nawfal, marry AbdulMuttalib (to your daughter). So Nawfal married me (to his daughter). The Prophet (ﷺ) then said: Call Mahmiyyah ibn Jaz'i to me. He was a man of Banu Zubayd, whom the Messenger of Allah (ﷺ) had appointed collector of the fifths. The Messenger of Allah (ﷺ) said to Mahmiyyah: Marry al-Fadl (to your daughter). So he married him to her. The Messenger of Allah (ﷺ) said: Stand up and pay the dower from the fifth so-and-so on their behalf. Abdullah ibn al-Harith did not name it (i.e. the amount of the dower).
'Ali bin Abi Talib said "I had an old she Camel that I got as my share from the booty on the day of Badr. The Apostle of Allaah(ﷺ) also gave me an old she camel from the fifth that day. When I intended to cohabit with Fathimah daughter of the Apostle of Allaah(ﷺ), I made arrangement with a man who was a goldsmith belonging to Banu Qainuqa' to go with me so that we may bring grass. I intended to sell it to the goldsmith there by seeking help in my wedding feast. While I was collecting for my old Camels saddles, baskets and ropes both of she Camels were seated in a corner of the apartment of a man of the Ansar. When I collected what I collected (i.e., equipment) I turned (towards them). I suddenly found that the humps of she Camels were cut off and their hips were pierced and their lives were taken out. I could not control my eyes (to weep) when I saw that scene. I said "Who has done this?" They (the people) replied "Hamzah bin 'Abd Al Muttalib". He is among the drunkards of the Ansar in this house. A singing girl is singing for him and his Companions. While singing she said "Oh Hamza, rise to these plumpy old she Camels. So he jumped to the sword and cut off their humps, pierced their hips and took out their livers." 'Ali said "I went till I entered upon the Apostle of Allaah(ﷺ) while Zaid bin Harithah was with him." The Apostle of Allaah(ﷺ) realized what I had met with. The Apostle of Allaah(ﷺ) aid "What is the matter with you?" I said Apostle of Allaah(ﷺ), I never saw the thing that happened with me today. Hamzah wronged my she Camels, he cut off their humps, pierced their hips. Lo! He is in a house with drunkards. The Apostle of Allaah(ﷺ) asked for his cloak. It was brought to him. He then went out, I and Zaid bin Harithah followed him until we reached the house where Hamzah was. He asked permission ( to entre). He was permitted. He found drunkards there. The Apostle of Allaah(ﷺ) began to rebuke him (Hamzah) for his action. Hamzah was intoxicated and his eyes were reddish. Hamzah looked at the Apostle of Allaah(ﷺ). He then raised his eyes and looked at his knees, he then raised his eyes and looked at his navel and he then raised his eyes and looked at his face. Hamzah then said "Are you but the salves of my father? Then the Apostle of Allaah(ﷺ) knew that he was intoxicated. So the Apostle of Allaah(ﷺ) moved backward. He then went out and we also went out with him."
Umm Al Hakam or Duba'ah daughters of Al Zibair bin 'Abd Al Muttalib said "Some captives of war were brought to the Apostle of Allaah(ﷺ). I and my sister Fatimah, daughter of Apostle of Allaah(ﷺ) went (to the Prophet) and complained to him about our existing condition. We asked him to order (to give) us some captives. The Apostle of Allaah(ﷺ) said "the orphans of the people who were killed in the battle of Badr came before you (and they asked for the captives). But I tell you something better than that. You should utter "Allaah is Most Great" after each prayer thirty three times, "Glory be to Allaah" thirty three times, "Praise be to Allaah" thirty three times and "there is no god but Allaah alone, He has no associate, the Kingdom belongs to Him and praise is due to Him and He has power over all things."The narrator 'Ayyash said "They were daughters of Uncle of the Prophet (ﷺ)."
Ibn A'bud said, 'Ali said to me "May I not narrate you about me and Fathimah daughter of the Apostle of Allaah(ﷺ)? She was most favorite to him of his family." I said "Yes". He said "She pulled the grinding stone with her hand so much that it affected her hand, she carried water in a water bag so much so that it affected the upper portion of her chest, she swept the house so much so that her clothes became dirty. The Prophet (ﷺ) acquired some slaves". So I said "Would that you go to your father and ask him for a slave. She then came to him and found some people with him talking to him. She therefore returned. Next day she came again. He asked (her), what was your need? But she kept silence. So I said, I inform you, Apostle of Allaah(ﷺ). She pulled grinding stone so much that it affected her hand, she carried water bag so much so that it affected the upper portion of her chest. When the slaves were brought to you I asked her to come to you and to ask you for a slave to save her from the exertion she is suffering." He said "Fear Allaah, Fathimah and perform the duty of your Lord and do the work of your family." When you go to bed say "Glory be to Allaah" thirty three times, "Praise be to Allaah" thirty three times, "Allaah is Most Great" thirty four times. This is hundred times. That will be better for you than a servant. She said "I am pleased with Allaah, Most High and with his Apostle (ﷺ)."
The tradition mentioned above has also been transmitted by 'Ali bin Hussain through a different chain of narrators. This version adds "He (the Prophet) did not provide her with a slave."
Narrated Mujja'ah ibn Mirarah al-Yamani:
Mujja'ah went to the Prophet (ﷺ) asking him for the blood-money of his brother whom Banu Sadus from Banu Dhuhl had killed. The Prophet (ﷺ) said: Had I appointed blood-money for a polytheist, I should have appointed it for your brother. But I shall give you compensation for him. So the Prophet (ﷺ) wrote (a document) for him that he should be given a hundred camels which were to be acquired from the fifth taken from the polytheists of Banu Dhuhl. So he took a part of them, for Banu Dhuhl embraced Islam. He then asked AbuBakr for them later on, and brought to him the document of the Prophet (ﷺ). So AbuBakr wrote for him that he should be given one thousand two hundred sa's from the sadaqah of al-Yamamah; four thousand (sa's) of wheat, four thousand (sa's) of barley, and four thousand (sa's) of dates. The text of the document written by the Prophet (ﷺ) for Mujja'ah was as follows: "In the name of Allah, the Beneficent, the Merciful. This document is from Muhammad, the Prophet, to Mujja'ah ibn Mirarah of Banu Sulma. I have given him one hundred camels from the first fifth acquired from the polytheist of Banu Dhuhl as a compensation for his brother."
(21) باب مَا جَاءَ فِي سَهْمِ الصَّفِيِّ
'Amir Al Sha'bi said "The Prophet (ﷺ) had a special portion in the booty called safi. This would be a slave if he desired or a slave girl if he desired or a horse if he desired. He would choose it before taking out the fifth."
Ibn 'Awn said "I asked Muhammad about the portion of the prophet(ﷺ) and safi. He replied "A portion was taken for him along with the Muslims, even if he did not attend (the battle) and safi (special portion) was taken from the fifth before everything."
Qatadah said "When the Apostle of Allaah(ﷺ) participated in battle there was for him a special portion which he took from where he desired. Safiyyah was from that portion. But when he did not participate himself in his battle, a portion was taken out for him, but he had no choice."
A'ishah said "Safiyyah was called after the word safi (a special portion of the Prophet)."
Anas bin Malik said "We came to Khaibar. We bestowed the conquest of fortress (on us), the beauty of Safiyyah daughter of Huyayy was mentioned to him (the Prophet). Her husband was killed (in the battle) and she was a bride. The Apostle of Allaah(ﷺ) chose her for himself. He came out with her till we reached Sadd Al Sahba' where she was purified. So he cohabited with her.
Anas bin Malik said "Safiyyah first fell to Dihyat Al Kalbi, the she fell to the Apostle of Allaah(ﷺ).
Anas said "A beautiful slave girl fell to Dihyah". The Apostle of Allaah(ﷺ) purchased her for seven slaves. He then gave her to Umm Sulaim for decorating her and preparing her for marriage. The narrator Hammad said, I think he said "Safiyyah daughter of Huyayy should pass her waiting period in her (Umm Sulaims') house."
Anas said "Captives were gathered at Khaibar. Dihyah came out and said "Apostle of Allaah(ﷺ) give me a slave girl from the captives." He said "Go and take a slave girl. He took Safiyyah daughter of Huyayy. A man then came to the Prophet (ﷺ) and said "You gave Safiyyah daughter of Huyayy, chief lady of Quraizah and Al Nadir to Dihyah? This is according to the version of Ya'qub. Then the agreed version goes "she is worthy of you." He said "call him along with her. When the Prophet (ﷺ) looked at her, he said to him "take another slave girl from the captives. The Prophet (ﷺ) then set her free and married her.
Narrated Yazid ibn Abdullah:
We were at Mirbad. A man with dishevelled hair and holding a piece of red skin in his hand came. We said: You appear to be a bedouin. He said: Yes. We said: Give us this piece of skin in your hand. He then gave it to us and we read it. It contained the text: "From Muhammad, Messenger of Allah (ﷺ), to Banu Zuhayr ibn Uqaysh. If you bear witness that there is no god but Allah, and that Muhammad is the Messenger of Allah, offer prayer, pay zakat, pay the fifth from the booty, and the portion of the Prophet (ﷺ) and his special portion (safi), you will be under by the protection of Allah and His Apostle." We then asked: Who wrote this document for you? He replied: The Messenger of Allah (ﷺ).
(22) باب كَيْفَ كَانَ إِخْرَاجُ الْيَهُودِ مِنَ الْمَدِينَةِ
Ka'ab bin Malik who was one of those whose repentance was accepted said "Ka'ab bin Al Ashraf used to satire the Prophet (ﷺ) and incited the infidels of the Quraish against him. When the Prophet (ﷺ) came to Madeena, its people were intermixed, some of them were Muslims and others polytheists aho worshipped idols and some were Jews. They used to hurt the Prophet (ﷺ) and his Companions. Then Allaah Most High commanded His Prophet to show patience and forgiveness. So Allaah revealed about them "And ye shall certainly hear much that will grieve you from those who receive Book before you". When Ka'ab bin Al Ashraf refused to desist from hurting the Prophet (ﷺ) the Prophet(ﷺ) ordered Sa'd bin Mu'adh to send a band to kill him. He sent Muhammad bin Maslamah and mentioned the story of his murder. When they killed him, the Jews and the polytheist were frightened. Next day they came to the Prophet (ﷺ) and said "Our Companions were attacked and night and killed." The Prophet(ﷺ) informed them about that which he would say. The Prophet (ﷺ) then called them so that he could write a deed of agreement between him and them and they should fulfill its provisions and desist from hurting him. He then wrote a deed of agreement between him and them and the Muslims in general."
Ibn 'Abbas said "When the Apostle of Allaah(ﷺ) had victory over Quraish in the batte of Badr and came to Madeenah he gathered the Jews in the market of Banu Qainuqa and said "O community of Jews embrace Islam before you suffer an injury as the Quraish suffered." They said "Muhammad, you should not deceive yourself (taking pride) that you had killed a few persons of the Quariash who were inexperienced and did not know how to fight. Had you fought with us, you would have known us. You have never met people like us." Allah Most High revealed about this the following verse "Say to those who reject faith, soon will ye be vanished... one army was fighting in the cause of Allaah, the other resisting Allaah."
Narrated Muhayyisah:
The Messenger of Allah (ﷺ) said: If you gain a victory over the men of Jews, kill them. So Muhayyisah jumped over Shubaybah, a man of the Jewish merchants. He had close relations with them. He then killed him. At that time Huwayyisah (brother of Muhayyisah) had not embraced Islam. He was older than Muhayyisah. When he killed him, Huwayyisah beat him and said: O enemy of Allah, I swear by Allah, you have a good deal of fat in your belly from his property.
Abu Hurairah said, While we were in the mosque, the Apostle of Allaah(ﷺ) came out and said "Come on to the Jews. So we went out with him and came to them". The Apostle of Allaah(ﷺ) stood up, called them and said "If you, the community of Jews accept Islam you will be safe". They said "You have given the message Abu Al Qasim". The Apostle of Allaah(ﷺ) said "Accept Islam you will be safe". They said "You have given the message Abu Al Qasim". The Apostle of Allaah(ﷺ) said "that I intended". He then said the third time "Know that the land belongs to Allaah and His Apostle and I intend to deport you from this land. So, if any of you has property (he cannot take it away), he must sell it, otherwise know that the land belongs to Allaah and His Apostle (ﷺ)."
(23) باب فِي خَبَرِ النَّضِيرِ
Narrated A man from the companions of the Prophet:
AbdurRahman ibn Ka'b ibn Malik reported on the authority of a man from among the companions of the Prophet (ﷺ): The infidels of the Quraysh wrote (a letter) to Ibn Ubayy and to those who worshipped idols from al-Aws and al-Khazraj, while the Messenger of Allah (ﷺ) was at that time at Medina before the battle of Badr. (They wrote): You gave protection to our companion. We swear by Allah, you should fight him or expel him, or we shall come to you in full force, until we kill your fighters and appropriate your women. When this (news) reached Abdullah ibn Ubayy and those who were worshippers of idols, with him they gathered together to fight the Messenger of Allah (ﷺ). When this news reached the Messenger of Allah (ﷺ), he visited them and said: The threat of the Quraysh to you has reached its end. They cannot contrive a plot against you, greater than what you yourselves intended to harm you. Are you willing to fight your sons and brethren? When they heard this from the Prophet (ﷺ), they scattered. This reached the infidels of the Quraysh. The infidels of the Quraysh again wrote (a letter) to the Jews after the battle of Badr: You are men of weapons and fortresses. You should fight our companion or we shall deal with you in a certain way. And nothing will come between us and the anklets of your women. When their letter reached the Prophet (ﷺ), they gathered Banu an-Nadir to violate the treaty. They sent a message to the Prophet (ﷺ): Come out to us with thirty men from your companions, and thirty rabbis will come out from us till we meet at a central place where they will hear you. If they testify to you and believe in you, we shall believe in you. The narrator then narrated the whole story. When the next day came, the Messenger of Allah (ﷺ) went out in the morning with an army, and surrounded them. He told them: I swear by Allah, you will have no peace from me until you conclude a treaty with me. But they refused to conclude a treaty with him. He therefore fought them the same day. Next he attacked Banu Quraysh with an army in the morning, and left Banu an-Nadir. He asked them to sign a treaty and they signed it. He turned away from them and attacked Banu an-Nadir with an army. He fought with them until they agreed to expulsion. Banu an-Nadir were deported, and they took with them whatever their camels could carry, that is, their property, the doors of their houses, and their wood. Palm-trees were exclusively reserved for the Messenger of Allah (ﷺ). Allah bestowed them upon him and gave them him as a special portion. He (Allah), the Exalted, said: What Allah has bestowed on His Apostle (and taken away) from them, for this ye made no expedition with either camel corps or cavalry." He said: "Without fighting." So the Prophet (ﷺ) gave most of it to the emigrants and divided it among them; and he divided some of it between two men from the helpers, who were needy, and he did not divide it among any of the helpers except those two. The rest of it survived as the sadaqah of the Messenger of Allah (ﷺ) which is in the hands of the descendants of Fatimah (Allah be pleased with her).
Ibn 'Umar said "The Jews Al Nadir and Quraizah fought with the Apostle of Allaah(ﷺ), so the Apostle of Allaah(ﷺ) expelled Banu Al Nadir and allowed the Quraizah to stay and favored them. The Quraizah thereafter fought (with the Prophet)." So he killed their men and divided their women, property and children among Muslims except some of them who associated with the Apostle of Allaah(ﷺ). He gave them protection and later on they embraced Islam. The Apostle of Allaah(ﷺ) expelled all the Jews of Madeenah in Toto, Banu Qainuqa, they were the people of 'Abd Allaah bin Salam, the Jews of Banu Harith and any of Jews who resided in Madeenah.
(24) باب مَا جَاءَ فِي حُكْمِ أَرْضِ خَيْبَرَ
Narrated Abdullah Ibn Umar:
The Prophet fought with the people of Khaybar, and captured their palm-trees and land, and forced them to remain confined to their fortresses. So they concluded a treaty of peace providing that gold, silver and weapons would go to the Messenger of Allah (ﷺ), and whatever they took away on their camels would belong to them, on condition that they would not hide and carry away anything. If they did (so), there would be no protection for them and no treaty (with Muslims). They carried away a purse of Huyayy ibn Akhtab who was killed before (the battle of) Khaybar. He took away the ornaments of Banu an-Nadir when they were expelled. The Prophet (ﷺ) asked Sa'yah: Where is the purse of Huyayy ibn Akhtab? He replied: The contents of this purse were spent on battles and other expenses. (Later on) they found the purse. So he killed Ibn AbulHuqayq, captured their women and children, and intended to deport them. They said: Muhammad, leave us to work on this land; we shall have half (of the produce) as you wish, and you will have half. The Messenger of Allah (ﷺ) used to make a contribution of eighty wasqs of dates and twenty wasqs of wheat to each of his wives.
Narrated Abdullah ibn Umar:
Umar said: The Messenger of Allah (ﷺ) had transaction with the Jews of Khaybar on condition that we should expel them when we wish. If anyone has property (with them), he should take it back, for I am going to expel the Jews. So he expelled them.
'Abd Allah bin 'Umar reported that 'Umar said "When Khaibar was conquered, the Jews asked the Apostle of Allaah(ﷺ) to confirm that they would do all the cultivation and have half the produce. The Apostle of Allaah(ﷺ) said "I shall confirm you on that condition as long as we wish. So they were confirmed on that (condition). The dates from half the produce of Khaibar were divided into a number of portions. The Apostle of Allaah(ﷺ) would take the fifth. The Apostle of Allaah(ﷺ) used to contribute from the fifth one hundred wasqs of dates and twenty wasqs of wheat to each of his wives. When 'Umar intended to expel the Jews from Khaibar he sent a message to the wives of the Prophet (ﷺ) and said to them "If any of you wishes that I divide the palm trees for her by their assessment that amounts one hundred wasqs (of dates) and to her belongs their root, their land and their water and (likewise) twenty wasqs from the produce of the cultivated land by assessment, I shall (do that). And if any of you wishes that we take out her portion from the fifth, we shall do (that).
Anas bin Malik said "The Apostle of Allaah(ﷺ) attacked Khaibar and we captured it by conquest. He then gathered the captives of war."
Sahl bin Abi Hathmah said "The Apostle of Allaah(ﷺ) divide Khaibar into two halves. One half was reserved for his emergency and needs, the other half was meant for the Muslims. He divided among them into eighteen portions."
Bashir bin Yasar said that he heard a number of the Companions of the Prophet (ﷺ) say. He then narrated the tradition (mentioned above). He said "One half comprised the portions of the Muslims and the portion of the Apostle of Allaah(ﷺ). He separated the other half for the Muslims for any calamity that befalls him and for emergent needs."
Narrated A Group of Companions of the Prophet:
Bashir ibn Yasar, the client of the Ansar, reported on the authority of a group of the Companions of the Prophet (ﷺ): When the Messenger of Allah (ﷺ) conquered Khaybar, he divided it into thirty-six lots, each lot comprising one hundred portions. One half of it was for the Messenger of Allah (ﷺ) and for the Muslims; and he separated the remaining half for the deputations which came to him, other matters and emergent needs of the people.
Bashir bin Yasar said "When Allaah bestowed Khaibar on His Prophet (ﷺ) as fai' (spoils), he divided it into thirty six lots. Each lot comprised one hundred portions. He separated its half for his emergent needs and whatever befalls him. Al Watih and Al Kutaibah and Al Salalim and whatever acquired with them. He separated the other half and he divided Al Shaqq and Nata' and whatever acquired with them. The portion of the Apostle of Allaah(ﷺ) lay in the property acquired with them.
Narrated Bashir ibn Yasar:
When Allah bestowed Khaybar on the Messenger of Allah (ﷺ) as fay' (spoils of war without fighting), he divided the whole into thirty six lots. He put aside a half, i.e. eighteen lots, for the Muslims. Each lot comprised one hundred shares, and the Prophet (ﷺ) was with them. He received a share like the share of one of them. The Messenger of Allah (ﷺ) separated eighteen lots, that is, half, for his future needs and whatever befell the Muslims. These were al-Watih, al-Kutaybah, as-Salalim and their colleagues. When all this property came in the possession of the Prophet (ﷺ) and of the Muslims, they did not have sufficient labourers to work on it. The Messenger of Allah (ﷺ) called Jews and employed them on contract.
Narrated Mujammi' ibn Jariyah al-Ansari,:
Khaybar was divided among the people of al-Hudaybiyyah. The Messenger of Allah (ﷺ) divided it into eighteen portions. The army contained one thousand and five hundred people. There were three hundred horsemen among them. He gave double share to the horsemen, and a single to the footmen.
Narrated Abdullah ibn AbuBakr:
Abdullah ibn AbuBakr and some children of Muhammad ibn Maslamah said: There remained some people of Khaybar and they confined themselves to the fortresses. They asked the Messenger of Allah (ﷺ) to protect their lives and let them go. He did so. The people of Fadak heard this; they also adopted a similar way. (Fadak) was, therefore, exclusively reserved for the Messenger of Allah (ﷺ), for it was not captured by the expedition of cavalry and camelry.
Sa'id bin Al Musayyab said "The Apostle of Allaah(ﷺ) conquered a portion of Khaibar by force."Abu Dawud said "This tradition was read out to Al Harith bin Miskin while I was a witness". Ibn Wahb said "Malik told me on the authority of Ibn Shihab, Khaibar was captured by force in part and by peace in part. Most of Al Kutaibah was captured by force and a portion by peace." I asked Malik "What is Al Kutaibah?" He replied "The land of Khaibar. It had forty thousand palm trees."
Ibn Shihab said "It has reached me that the Apostle of Allaah(ﷺ) conquered Khaibar by force. Its inhabitants who came down (from their fortress) for expulsion came down after fighting."
Narrated Ibn Shihab:
The Messenger of Allah (ﷺ) took out his fifth from the booty of Khaybar, and divided the rest of it among those who attended the battle and among those who were away from it but attend the expedition of al-Hudaybiyyah.
'Umar said "Had I not considered the last Muslim, I would have any town I conquered divided as the Apostle of Allaah(ﷺ) had divided Khaibar."
(25) باب مَا جَاءَ فِي خَبَرِ مَكَّةَ
Narrated Abdullah ibn Abbas:
Al-Abbas ibn AbdulMuttalib brought AbuSufyan ibn Harb to the Messenger of Allah (ﷺ) in the year of the conquest (of Mecca). So he embraced Islam at Marr az-Zahran. Al-Abbas said to him: Messenger of Allah, AbuSufyan is a man who likes taking this pride, if you may do something for him. He said: Yes, he who enters the house of AbuSufyan is safe, and he who closes his door is safe.
Narrated Abdullah Ibn Abbas:
When the Prophet (ﷺ) alighted at Marr az-Zahran, al-Abbas said: I thought, I swear by Allah, if the Messenger of Allah (ﷺ) enters Mecca with the army by force before the Quraysh come to him and seek protection from him, it will be their total ruin. So I rode on the mule of the Messenger of Allah (ﷺ) and thought, Perhaps I may find a man coming for his needs who will to the people of Mecca and inform them of the position of the Messenger of Allah (ﷺ), so that they may come to him and seek protection from him. While I was on my way, I heard AbuSufyan and Budayl ibn Warqa' speaking. I said: O AbuHanzalah! He recognized my voice and said: AbulFadl? I replied: Yes. He said: who is with you, may my parents be a sacrifice for you? I said: Here are the Messenger of Allah (ﷺ) and his people (with him). He asked: Which is the way out? He said: He rode behind me, and his companion returned. When the morning came, I brought him to the Messenger of Allah (ﷺ) and he embraced Islam. I said: Messenger of Allah, AbuSufyan is a man who likes this pride, do something for him. He said: Yes, he who enters the house of AbuSufyan is safe; he who closes the door upon him is safe; and he who enters the mosque is safe. The people scattered to their houses and in the mosque.
Wahb bin Munabbih said "I sked Jabir "Did they get any booty on the day of conquest (of Makkah)? He replied, No.
Abu Hurairah said "When the Prophet (ﷺ) entered Makkah he left Al Zubair bin Al Awwam, Abu 'Ubaidah bin Al Jarrah and Khalid bin Al Walid on the horses and he said "Abu Hurairah call the helpers." He said"Go this way. Whoever appears before you kill him". A man called "the Quraish will be no more after today." The Apostle of Allaah(ﷺ) said "he who entered house is safe, he who throws the weapon is safe. The chiefs of the Quraish intended (to have a resort in the Ka'bah), they entered the Ka'bah and it was full of them. The Prophet (ﷺ) took rounds of Ka'bah and prayed behind the station. He then held the sides of the gate (of the Ka'bah). They (the people) came out and took the oath of allegiance (at the hands) of the Prophet (ﷺ) on Islam.Abu Dawud said "I heard Ahmad bin Hanbal (say) when he was asked by a man "Was Makkah captured by force?" He said "What harms you whatever it was? He said "Then by peace?" He said, No.
(26) باب مَا جَاءَ فِي خَبَرِ الطَّائِفِ
Narrated Jabir ibn Abdullah:
Wahb said: I asked Jabir about the condition of Thaqif when they took the oath of allegiance. He said: They stipulated to the Prophet (ﷺ) that there would be no sadaqah (i.e. zakat) on them nor Jihad (striving in the way of Allah). He then heard the Prophet (ﷺ) say: Later on they will give sadaqah (zakat) and will strive in the way of Allah when they embrace Islam.
Narrated Uthman ibn Abul'As:
When the deputation of Thaqif came to the Messenger of Allah (ﷺ), he made them stay in the mosque, so that it might soften their hearts. They stipulated to him that they would not be called to participate in Jihad, to pay zakat and to offer prayer. The Messenger of Allah (ﷺ) said: You may have the concession that you will not be called to participate in jihad and pay zakat, but there is no good in a religion which has no bowing (i.e. prayer).
(27) باب مَا جَاءَ فِي حُكْمِ أَرْضِ الْيَمَنِ
Narrated Amir ibn Shahr:
When the Messenger of Allah (ﷺ) appeared as a prophet, Hamdan said to me: Will you go to this man and negotiate for us (with him)? If you accept something, we shall accept it, and if you disapprove of something, we shall disapprove of it. I said: Yes. So I proceeded until I came to the Messenger of Allah (ﷺ). I liked his motive and my people embraced Islam. The Messenger of Allah (ﷺ) wrote the document for Umayr Dhu Marran. He also sent Malik ibn Murarah ar-Rahawi to all the (people of) Yemen. So Akk Dhu Khaywan embraced Islam. Akk was told: Go to the Messenger of Allah (ﷺ), and obtain his protection for your town and property. He therefore came (to him) and the Messenger of Allah (ﷺ) wrote a document for him: "In the name of Allah, Most Beneficent, Most Merciful. From Muhammad, the Messenger of Allah, to Akk Dhu Khaywan. If he is true his land, property and slave, he has the security and the protection of Allah, and Muhammad, the Messenger of Allah. Written by Khalid ibn Sa'id ibn al-'As."
Narrated Abyad ibn Hammal:
Abyad spoke to the Messenger of Allah (ﷺ) about sadaqah when he came along with a deputation to him. He replied: O brother of Saba', sadaqah is unavoidable. He said: We cultivated cotton, Messenger of Allah. The people of Saba' scattered, and there remained only a few at Ma'arib. He therefore concluded a treaty of peace with the Messenger of Allah (ﷺ) to give seventy suits of cloth, equivalent to the price of the Yemeni garments known as al-mu'afir, to be paid every year on behalf of those people of Saba' who remained at Ma'arib. They continued to pay them till the Messenger of Allah (ﷺ) died. The governors after the death of the Messenger of Allah (ﷺ) broke the treaty concluded by Abyad by Hammal with the Messenger of Allah (ﷺ) to give seventy suits of garments. AbuBakr then revived it as the Messenger of Allah (ﷺ) had done till AbuBakr died. When AbuBakr died, it was discontinued and the sadaqah was levied.
(28) باب فِي إِخْرَاجِ الْيَهُودِ مِنْ جَزِيرَةِ الْعَرَبِ
Ibn 'Abbas said that the Prophet (ﷺ) gave three instructions saying "Expel the polytheists from Arabia, reward deputations as I did". Ibn 'Abbas said "He either did not mention the third or I have been caused to forget it. Al Humaidi said on the authority of Sufyan that Sulaiman said "I do not know whether Sa'id mentioned the third and I forgot or he himself did not mention it."
Jabir bin 'Abd Allah said that he was told by 'Umar bin Al Khattab that he heard the Apostle of Allaah(ﷺ) say "I will certainly expel the Jews and the Christians from Arabia and I shall leave only Muslims in it."
The tradition mentioned above has also been transmitted by 'Umar through a different chain of narrators." He said "The Apostle of Allaah(ﷺ) said to the same effect. The former version is ore perfect."
Narrated Abdullah ibn Abbas:
The Prophet (ﷺ) said: Two qiblahs in one land are not right.
Sa'id bin Abd Al 'Aziz said "Arabia lies between Al Wadi to the extremes of the Yemen extending to the frontiers of Al Iraq and the sea."Abu Dawud said "This tradition was read out to Al Harith bin Miskin while I was a witness". Ashhab bin 'Abd Al Aziz reported it to you on the authority of Malik who said 'Umar expelled the people of Najran, but he did not expel (them) from Taima. For it did not fall within the territory of Arabia. As for Al Wadi, I think the Jews were not expelled from there. They did not think it a part of the land of Arabia.
Malik said "'Umar expelled the Jews of Najran and Fadak."
(29) باب فِي إِيقَافِ أَرْضِ السَّوَادِ وَأَرْضِ الْعَنْوَةِ
Abu Hurairah reported the Messenger of Allah (ﷺ) as saying "Iraq will prevent its measure (qafiz) and dirham. Syria will prevent its measure (mudi) and dinar. Egypt will prevent its measure (irdabb) and dinar. Then you will return to the position where you started. Zuhair said this three times. The flesh and blood of Abu Hurairah witnessed it.
Abu Hurairah reported the Apostle of Allaah(ﷺ) as saying "Whatever town you come to and stay in , your portion is in it, but whatever town disobeys Allaah and His Apostle a fifth of it goes to Allaah and His Apostle and what remains is yours."
(30) باب فِي أَخْذِ الْجِزْيَةِ
Narrated Anas ibn Malik ; Uthman ibn AbuSulayman:
The Prophet (ﷺ) sent Khalid ibn al-Walid to Ukaydir of Dumah. He was seized and they brought him to him (i.e. the Prophet). He spared his life and made peace with him on condition that he should pay jizyah (poll-tax).
Narrated Mu'adh ibn Jabal:
When the Prophet (ﷺ) sent him to the Yemen, he ordered to take from everyone who had reached puberty one dinar or its equivalent in Mu'afiri garment of Yemen origin.
A simiar tradition from the Prophet(ﷺ) has also been transmitted by Mu'adh through a different chain of narrators.
'Ali said "If I survive for the Christians of Banu Taghlib I shall kill fighters and captivate children for I had written a document between them and the Prophet(ﷺ) to the effect that they would not make their children Christian.Abu Dawud said "This is rejected (munkar) tradition and it has reached me from Ahmad (bin Hanbal) that he used to reject this tradition seriously.Abu 'Ali said "Abu Dawud did not present this (tradition) in this second reading."
Narrated Abdullah ibn Abbas:
The Messenger of Allah (ﷺ) concluded peace with the people of Najran on condition that they would pay to Muslims two thousand suits of garments, half of Safar, and the rest in Rajab, and they would lend (Muslims) thirty coats of mail, thirty horses, thirty camels, and thirty weapons of each type used in battle. Muslims will stand surely for them until they return them in case there is any plot or treachery in the Yemen. No church of theirs will be demolished and no clergyman of theirs will be turned out. There will be no interruption in their religion until they bring something new or take usury. Isma'il said: They took usury.Abu Dawud said: If they violate any provision of the treaty, they will be deemed as bringing something new.
(31) باب فِي أَخْذِ الْجِزْيَةِ مِنَ الْمَجُوسِ
Ibn 'Abbas said "When the Prophet of the Persians dies, Iblis (satan) led them to Mazdaism."
Narrated Umar ibn al-Khattab:
Amr ibn Aws and AbulSha'tha' reported that Bujalah said: I was secretary to Jaz' ibn Mu'awiyah, the uncle of Ahnaf ibn Qays. A letter came to us from Umar one year before his death, saying: Kill every magician, separate the relatives of prohibited degrees from the Magians, and forbid them to murmur (before eating). So we killed three magicians in one day, and separated from a Magian husband his wife of a prohibited degree according to the Book of Allah. He prepared abundant food and called them, and placed the sword on his thigh. They ate (the food) but did not murmur. They threw (on the ground) one or two mule-loads of silver. Umar did not take jizyah from Magians until AbdurRahman ibn Awf witnessed that the Messenger of Allah (ﷺ) had taken jizyah from the Magians of Hajar.
Narrated Abdullah ibn Abbas:
A man belonging to Usbadhiyin of the people of Bahrayn, who were the Magians of Hajar, came to the Messenger of Allah (ﷺ) and remained with him (for some time), and then came out. I asked him: What have Allah and His Messenger of Allah decided for you? He replied: Evil. I said: Silent. He said: Islam or killing. AbdurRahman ibn Awf said: He accepted jizyah from them. Ibn Abbas said: The people followed the statement of AbdurRahman ibn Awf, and they left that which I heard from the Usbadhi.
(32) باب فِي التَّشْدِيدِ فِي جِبَايَةِ الْجِزْيَةِ
'Urwa bin Al Zubair said "Hisham bin Halim bin Hizam found a man who was the governor of Hims making some Copts stand in the sun for the payment of jizyah. He said "What is this?" I heard the Apostle (ﷺ) as saying "Allaah Most High will punish those who punish the people in this world."
(33) باب فِي تَعْشِيرِ أَهْلِ الذِّمَّةِ إِذَا اخْتَلَفُوا بِالتِّجَارَاتِ
Narrated Ubaydullah:
Harb ibn Ubaydullah told on the authority of his grandfather, his mother's father, that he had it on the authority of his father that the Messenger of Allah (ﷺ) said: Tithes are to be levied on Jews and Christians, but not on Muslims.
The tradition mentioned above has also been transmitted by Harb bin 'Ubaid Allah from the Prophet (ﷺ) to the same effect through a different chain of narrators. This version has the word kharaj(land tax) instead of 'ushr (tithes).
A man reported from Bakr bin Wa'il on the authority of his maternal uncle as saying, I said "Apostle of Allaah(ﷺ) may I levy tithe on my people.?" He replied "Tithes are to be levied on Jews and Christians."
Narrated A man of Banu Taghlib:
Harb ibn Ubaydullah ibn Umayr ath-Thaqafi told on the authority of his grandfather, a man of Banu Taghlib: I came to the Prophet (ﷺ), embraced Islam, and he taught me Islam. He also taught me how I should take sadaqah from my people who had become Muslim. I then returned to him and said: Messenger of Allah, I remembered whatever you taught me except the sadaqah. Should I levy tithe on them? He replied: No, tithes are to be levied on Christians and Jews.
Narrated Al-Irbad ibn Sariyah as-Sulami:
We alighted with the Prophet (ﷺ) at Khaybar, and he had his companions with him. The chief of Khaybar was a defiant and abominable man. He came to the Prophet (ﷺ) and said: Is it proper for you, Muhammad, that you slaughter our donkeys, eat our fruit, and beat our women? The Prophet (ﷺ) became angry and said: Ibn Awf, ride your horse, and call loudly: Beware, Paradise is lawful only for a believer, and that they (the people) should gather for prayer. They gathered and the Prophet (ﷺ) led them in prayer, stood up and said: Does any of you, while reclining on his couch, imagine that Allah has prohibited only that which is to be found in this Qur'an? By Allah, I have preached, commanded and prohibited various matters as numerous as that which is found in the Qur'an, or more numerous. Allah has not permitted you to enter the houses of the people of the Book without permission, or beat their women, or eat their fruits when they give you that which is imposed on them.
Narrated A man of Juhaynah:
The Prophet (ﷺ) said: Probably you will fight with a people, you will dominate them, and they will save themselves and their children by their property. The version of Sa'id has You will then conclude peace with them. The agreed version goes: Then do no take anything from them more than that, for it is not proper for you.
Narrated A number of Companions of the Prophet:
Safwan reported from a number of Companions of the Messenger of Allah (ﷺ) on the authority of their fathers who were relatives of each other. The Messenger of Allah (ﷺ) said: Beware, if anyone wrongs a contracting man, or diminishes his right, or forces him to work beyond his capacity, or takes from him anything without his consent, I shall plead for him on the Day of Judgment.
(34) باب فِي الذِّمِّيِّ يُسْلِمُ فِي بَعْضِ السَّنَةِ هَلْ عَلَيْهِ جِزْيَةٌ
Narrated Abdullah ibn Abbas:
The Prophet (ﷺ) said: Jizyah is not to be levied on a Muslim.
Muhammad bin Kathir said "Sufyan was asked to explain the tradition mentioned above." He said "When he embraces Islam, no jizyah will be levied on him."
(35) باب فِي الإِمَامِ يَقْبَلُ هَدَايَا الْمُشْرِكِينَ
Narrated Abdullah al-Hawzani:
I met Bilal, the Mu'adhdhin of the Messenger of Allah (ﷺ) at Aleppo, and said: Bilal, tell me, what was the financial position of the Messenger of Allah (ﷺ)? He said: He had nothing. It was I who managed it on his behalf since the day Allah made him Prophet of Allah (ﷺ) until he died. When a Muslim man came to him and he found him naked, he ordered me (to clothe him). I would go, borrow (some money), and purchase a cloak for him. I would then clothe him and feed him. A man from the polytheists met me and said: I am well off, Bilal. Do not borrow money from anyone except me. So I did accordingly. One day when I performed ablution and stood up to make call to prayer, the same polytheist came along with a body of merchants. When he saw me, he said: O Abyssinian. I said: I am at your service. He met me with unpleasant looks and said harsh words to me. He asked me: Do you know how many days remain in the completion of this month? I replied: The time is near. He said: Only four days remain in the completion of this month. I shall then take that which is due from you (i.e. loan), and then shall return you to tend the sheep as you did before. I began to think in my mind what people think in their minds (on such occasions). When I offered the night prayer, the Messenger of Allah (ﷺ) returned to his family. I sought permission from him and he gave me permission. I said: Messenger of Allah, may my parents be sacrificed for you, the polytheist from whom I used to borrow money said to me such-and-such. Neither you nor I have anything to pay him for me, and he will disgrace me. So give me permission to run away to some of those tribes who have recently embraced Islam until Allah gives His Apostle (ﷺ) something with which he can pay (the debt) for me. So I came out and reached my house. I placed my sword, waterskin (or sheath), shoes and shield near my head. When dawn broke, I intended to be on my way. All of a sudden I saw a man running towards me and calling: Bilal, return to the Messenger of Allah (ﷺ). So I went till I reached him. I found four mounts kneeling on the ground with loads on them. I sought permission. The Messenger of Allah (ﷺ) said to me: Be glad, Allah has made arrangements for the payment (of your debt). He then asked: Have you not seen the four mounts kneeling on the ground? I replied: Yes. He said: You may have these mounts and what they have on them. There are clothes and food on them, presented to me by the ruler of Fadak. Take them away and pay off your debt. I did so. He then mentioned the rest of the tradition. I then went to the mosque and found that the Messenger of Allah (ﷺ) was sitting there. I greeted him. He asked: What benefit did you have from your property? I replied: Allah Most High paid everything which was due from the Messenger of Allah (ﷺ). Nothing remains now. He asked: Did anything remain (from that property)? I said: Yes. He said: Look, if you can give me some comfort from it, for I shall not visit any member of my family until you give me some comfort from it. When the Messenger of Allah (ﷺ) offered the night prayer, he called me and said: What is the position of that which you had with you (i.e. property)? I said: I still have it, no one came to me. The Messenger of Allah (ﷺ) passed the night in the mosque. He then narrated the rest of the tradition. Next day when he offered the night prayer, he called me and asked: What is the position of that which you had (i.e. the rest of the property)? I replied: Allah has given you comfort from it, Messenger of Allah. He said: Allah is Most Great, and praised Allah, fearing lest he should die while it was with him. I then followed him until he came to his wives and greeted each one of them and finally he came to his place where he had to pass the night. This is all for which you asked me.
The tradition mentioned above has also been transmitted by Mu'awiyah through a different chain of narrators to the same effect as narrated by Abu Taubah. This version has "I have nothing to pay from me. The Apostle of Allaah(ﷺ) thereupon kept silence and this displeased me."
Narrated Iyad ibn Himar:
I presented a she-camel to the Prophet (ﷺ). He asked: Have you embraced Islam? I replied: No. The Prophet (ﷺ) said: I have been prohibited to accept the present of polytheists.
(36) باب فِي إِقْطَاعِ الأَرَضِينَ
Narrated Alqamah ibn Wa'il:
The Prophet (ﷺ) bestowed land in Hadramawt as fief.
The tradition mentioned above has also been transmitted by 'Alqamah bin Wa'il through a different chain of narrators."
Narrated Amr ibn Hurayth:
The Messenger of Allah (ﷺ) demarcated a house with a bow at Medina for me. He said: I shall give you more. I shall give you more.
Narrated Rabi'ah ibn AbuAbdurRahman:
Rabi'ah reported on the authority of more than one person saying: The Messenger of Allah (ﷺ) assigned as a fief to Bilal ibn al-Harith al-Muzani the mines of al-Qabaliyyah which is in the neighbourhood of al-Fur', and only zakat is levied on those mines up to the present day.
Narrated Amr ibn Awf al-Muzani:
The Prophet (ﷺ) assigned as a fief to Bilal ibn al-Muzani the mines of al-Qabaliyyah both which lay on the upper side and which lay on the lower side, and (the land) which was suitable for cultivation at Quds. He did not give him (the land which involved) the right of a Muslim. The Prophet (ﷺ) wrote a document for him. It goes: "In the name of Allah, the Compassionate, the Merciful. This is what the Messenger of Allah (ﷺ) assigned to Bilal ibn Harith al-Muzani. He gave him the mines of al-Qabaliyyah, both which lay on the upper side and which lay on the lower side, and (the land) which is suitable for cultivation at Quds. He did not give him the right of any Muslim."Abu Uwais said: A similar tradition has been narrated to me by Thawr b. Zaid, client of Banu al-Dail b. Bakr b. Kinahah from 'Ikrimah on the authority of Ibn 'Abbas.
Narrated Amr ibn Awf al-Muzani:
The Prophet (ﷺ) assigned as a fief to Bilal ibn Harith al-Muzani the mines of al-Qabaliyyah, both those which lay on the upper side those and which lay on the lower side. The narrator, Ibn an-Nadr, added: "also Jars and Dhat an-Nusub." The agreed version reads: "and (the land) which is suitable for cultivation at Quds". He did not assign to Bilal ibn al-Harith the right of any Muslim. The Prophet (ﷺ) wrote a document to him: "This is what the Messenger of Allah (ﷺ) assigned to Bilal ibn al-Harith al-Muzani. He gave him the mines of al-Qabaliyyah both those which lay on the upper and lower side, and that which is fit for cultivation at Quds. He did not give him the right of any Muslim." The narrator AbuUways said: A similar tradition has been transmitted to me by Thawr ibn Zayd from Ikrimah on the authority of Ibn Abbas from the Prophet (ﷺ). Ibn an-Nadr added: Ubayy ibn Ka'b wrote it.
Narrated Abyad ibn Hammal:
Abyad went to the Messenger of Allah (ﷺ) and asked him for assigning him (the mines of) salt as fief. (The narrator Ibn al-Mutawakkil said: which was in Ma'arib.) So he assigned it to him as a fief. When he returned, a man in the meeting asked: Do you know what you have assigned him as a fief? You have assigned him the perennial spring water. So he took it back from him. He asked him about protecting land which had arak trees growing in it. He replied: He could have such as was beyond the region where the hoofs (of camels) went.The narrator Ibn al-Mutwakkil said: "that is the camel hoofs."
Muhammad bin Al hasan Al Mukhzumi said "The sentence "that which is not reached by the Camel hoofs" means that the Camels eat (the arak trees) within the reach of their heads. So the land (where the arak trees are growing) may be protected beyond such a region.
Narrated Abyad ibn Hammal:
He asked the Messenger of Allah (ﷺ) for giving him some land which had arak trees growing in it. The Messenger of Allah (ﷺ) said: There is no (permission for) protecting a land which has arak trees growing in it. He said: These arak trees are within the boundaries of my field. The Prophet (ﷺ) said: There is no (permission for) protecting a land which has arak trees growing in it. The narrator Faraj said: By the phrase 'within the boundaries of my field' he meant the land which had crop growing in it and was surrounded on four sides.
Narrated Sakhr ibn al-Ayla al-Ahmasi:
The Messenger of Allah (ﷺ) raided Thaqif. When Sakhr heard this, he proceeded on his horse along with some horsemen to support the Prophet (ﷺ). He found the Prophet of Allah (ﷺ) had returned and he did not conquer (Ta'if). On that day Sakhr made a covenant with Allah and had His protection that he would not depart from that fortress until they (the inhabitants) surrendered to the command of the Messenger of Allah (ﷺ). He did not leave them until they had surrendered to the command of the Messenger of Allah (ﷺ). Sakhr then wrote to him: To proceed: Thaqif have surrendered to your command, Messenger of Allah, and I am on my way to them. They have horses with them. The Messenger of Allah (ﷺ) then ordered prayers to be offered in congregation. He then prayed for Ahmas ten times: O Allah, send blessings the horses and the men of Ahmas. The people came and Mughirah ibn Shu'bah said to him: Prophet of Allah, Sakhr took my paternal aunt while she embraced Islam like other Muslims. He called him and said: Sakhr, when people embrace Islam, they have security of their blood and property. Give back to Mughirah his paternal aunt. So he returned his aunt to him and asked the Prophet of Allah (ﷺ): What about Banu Sulaym who have run away for (fear of) Islam and left that water? He said: Prophet of Allah, allow me and my people to settle there. He said: Yes. So he allowed him to settle there. Banu Sulaym then embraced Islam, and they came to Sakhr. They asked him to return their water to them. But he refused. So they came to the Prophet (ﷺ) and said: Prophet of Allah, we embraced Islam and came to Sakhr so that he might return our water to us. But he has refused. He (the Prophet) then came to him and said: When people embrace Islam, they secure their properties and blood. Return to the people their water. He said: Yes, Prophet of Allah. I saw that the face of the Messenger of Allah (ﷺ) was reddening at that moment, being ashamed of taking back from him the slave-girl and the water.
Narrated Saburah ibn Ma'bad al-Juhani:
The Prophet (ﷺ) alighted at a place where a mosque has been built under a large tree. He tarried there for three days, and then proceeded to Tabuk. Juhaynah met him on a wide plain. He asked them: who are the people of Dhul-Marwah? They replied: Banu Rifa'ah of Juhaynah. He said: I have given this (land) to Banu Rifa'ah as a fief. Therefore, they divided it. Some of them sold (their share) and others retained and worked on it. (Sub-narrator Ibn Wahab said: I then asked AbdulAziz about this tradition. He narrated a part of it to me and did not narrate it in full.
Narrated Asma' daughter of AbuBakr:
The Messenger of Allah (ﷺ) assigned to az-Zubayr palm-trees as a fief.
Narrated Qaylah bint Makhramah:
Abdullah ibn Hasan al-Anbari said: My grandmothers, Safiyyah and Duhaybah, narrated to me, that hey were the daughters of Ulaybah and were nourished by Qaylah, daughter of Makhramah. She was the grandmother of their father. She reported to them, saying: We came upon the Messenger of Allah (ﷺ). My companion, Hurayth ibn Hassan, came to him as a delegate from Bakr ibn Wa'il. He took the oath of allegiance of Islam for himself and for his people. He then said: Messenger of Allah (ﷺ), write a document for us, giving us the land lying between us and Banu Tamim at ad-Dahna' to the effect that not one of them will cross it in our direction except a traveller or a passer-by. He said: Write down ad-Dahna' for them, boy. When I saw that he passed orders to give it to him, I became anxious, for it was my native land and my home. I said: Messenger of Allah, he did not ask you for a true border when he asked you. This land of Dahna' is a place where the camels have their home, and it is a pasture for the sheep. The women of Banu Tamim and their children are beyond it. He said: Stop, boy! A poor woman spoke the truth: a Muslim is a brother of a Muslim. Each one of them may benefit from water and trees, and they should cooperate with each other against Satan.
Narrated Asmar ibn Mudarris:
I came to the Prophet (ﷺ), and took the oath of allegiance to him. He said: If anyone reaches a water which has not been approached before by any Muslim, it belongs to him. The people, therefore, went out running and marking (on the land).
Narrated Abdullah ibn Umar:
The Prophet (ﷺ) gave az-Zubayr the land as a fief up to the reach of his horse when he runs. He, therefore, made his horse run until it stopped. He then threw his flog. Thereupon he said: Give him (the land) up to the point where his flog has reached.
(37) باب فِي إِحْيَاءِ الْمَوَاتِ
Narrated Sa'id ibn Zayd:
The Prophet (ﷺ) said: If anyone brings barren land into cultivation, it belongs to him, and the unjust vein has no right.
Narrated Urwah:
The Prophet (ﷺ) said: If anyone brings barren land into cultivation, it belong to him. He then transmitted a similar tradition mentioned above (No. 3067).He ('Urwah) said: One who transmitted this tradition to me said that two persons brought their dispute to the Messenger of Allah (ﷺ). One of them grew palm trees in the land of the other. He decided to return the land to its owner of the palm-trees to remove his palm-trees. He said: I saw when their roots were being struck with axes. The trees were fully grown up, but they were removed from there.
The tradition mentioned above has also been transmitted by Ibn Ishaq through a different chain of narrators and to the same effect. Instead of the phrase "one who transmitted this tradition to me" this version has "A man from among the Companions of the Prophet (ﷺ) and probably he was Abu Sa'id Al Khudri. I saw the man striking at the roots of the palm trees."
Narrated Urwah:
I testify that the Messenger of Allah (ﷺ) decided that the land is the land of Allah, and the servants are the servants of Allah. If anyone brings barren land into cultivation, he has more right to it. This tradition has been transmitted to us from the Prophet (ﷺ) by those who transmitted the traditions about prayer from him.
Narrated Samurah:
The Prophet (ﷺ) said: If anyone surrounds a land with a wall, it belongs to him.
Hisham said "The unjust vein means that a man implants a tree in the land of another man so that they may be entitled to it. Malik said "The unjust vein means that a man takes (a thing) digs a pit and implants a tree without (his) right.
Abu Humaid Al Sa'idi said "I went to Tabuk on an expedition along with the Apostle of Allaah(ﷺ). When he reached Wadi Al Qura, he found a woman in her garden. The Apostle of Allaah(ﷺ) said to his Companions "Assess (the quantity o fruits). The Apostle of Allaah(ﷺ) assessed ten wasqs." He said to the woman "Count the produce of it. We then came to Tabuk." The monarch of Ailah presented a white mule as a gift to the Apostle of Allaah(ﷺ). He presented a cloak as a gift o him and wrote a document for his land at sea coast. When we came to Wadi Al Qura he said to the woman "How much is the produce of your garden?" She replied "Ten wasqs which the Apostle of Allaah(ﷺ) had assessed." The Apostle of Allaah(ﷺ) said "I am going quickly to Madeenah if any of you intend to go quickly with me , he should make haste."
Narrated Zaynab:
She was picking lice from the head of the Messenger of Allah (ﷺ) while the wife of Uthman ibn Affan and the immigrant women were with him. They complained about their houses that they had been narrowed down to them and they were evicted from them. The Messenger of Allah (ﷺ) ordered that the houses of the Immigrants should be given to their wives. Thereafter Abdullah ibn Mas'ud died, and his wife inherited his house in Medina.
(38) باب مَا جَاءَ فِي الدُّخُولِ فِي أَرْضِ الْخَرَاجِ
Narrated Mu'adh ibn Jabal:
He who put the necklace of jizyah in his neck abandoned the way followed by the Messenger of Allah (ﷺ).
Narrated AbudDarda':
The Prophet (ﷺ) said: If anyone takes land by (paying) its jizyah, he renounces his immigration; and if anyone takes off the disgrace of an unbeliever from his neck he turns away his back from Islam. He (the narrator) said: Thereafter Khalid ibn Ma'dan heard this tradition from me, and he said: Has Shubayb narrated it to you? I said: Yes. He said! When you come to him, ask him to write this tradition to me. He said: He then wrote it for him. When I came, Khalid ibn Ma'dan asked me for the paper and I gave it to him. When he read (the paper), he abandoned the lands he had in his possession the moment he heard this.Abu Dawud said: This Yazid b. Khumair al-Yazani is not the disciple of Shu'bah.
(39) باب فِي الأَرْضِ يَحْمِيهَا الإِمَامُ أَوِ الرَّجُلُ
Al Sa'b bin Jaththamah reported the Apostle of Allaah(ﷺ) as saying "There is no (permission for) protected land except for Allaah and His Prophet. Ibn Shihab said "It has reached me that the Apostle of Allaah(ﷺ) protected Naqi'."
Narrated As-Sa'b ibn Jaththamah:
The Prophet (ﷺ) protected Naqi and said: There is no (permission for) protected land except for Allah Most High.
(40) باب مَا جَاءَ فِي الرِّكَازِ وَمَا فِيهِ
Narrated AbuHurayrah:
The Prophet (ﷺ) said: A fifth is payable on buried treasure.
Al hasan said "Rikaz means treasure buried in pre Islamic times."
Narrated Duba'ah daughter of az-Zubayr ibn AbdulMuttalib:
Al-Miqdad went to Baqi' al-Khabkhabah for a certain need. He found a mouse taking out a dinar from a hole. It then continued to take out dinars one by one until it took out seventeen dinars. It then took out a red purse containing a dinar. There were thus eighteen dinars. He took them to the Prophet (ﷺ), informed him and said to him: Take its sadaqah. The Prophet (ﷺ) asked him: Did you extend your hand toward the hole? He replied: No. The Messenger of Allah (ﷺ) then said: May Allah bless you in it.
(41) باب نَبْشِ الْقُبُورِ الْعَادِيَّةِ يَكُونُ فِيهَا الْمَالُ
Narrated Abdullah ibn Amr ibn al-'As:
When we went out along with the Messenger of Allah (ﷺ) to at-Ta'if we passed a grave. I heard the Messenger of Allah (ﷺ) say: This is the grave of AbuRighal. He was in this sacred mosque (sanctuary) protecting himself (from punishment). When he came out, he suffered the same punishment which his people suffered at this place, and he was buried in it. The sign of it is that a golden bough was buried with him. If you dig it out, you will find it with him. The people hastened to it and took out the bough.