Sunan an-Nasai Volume 5 [5] 9789960587608, 9789960587653

Table of contents :
Contents
37. The Book of Fighting - 3971-4137
38. The Book of the Distribution of al-Fay - 4138-4153
39. The Book of al-Bay'ah - 4154-4216
40. The Book of al-'Aqiqah - 4217-4226
41. The Book of al-Fara' and al-'Atirah - 4227-4267
42. The Book of Hunting & Slaughtering - 4268-4365
43. The Book of ad-Dahaya - 4366-4453
44. The Book of Financial Transactions - 4454-4709
45. The Book of Oaths (Qasamah), Retaliation & Blood Money - 4710-4873
46. The Book of Cutting Off the Hand of the Thief - 4874-4987

Citation preview

English Translation of

Sunan An-Nasa I A9D

Volume 5 Compiled by: Imim Hifiz AbO Abdur Rahmin Ahmad bin Shu'aib bin 'Ali An-Nasi'i Ahsdith edited & referenced by:

Hifiz Abu Tihir Zubair 'All Za'i Translated by:

Nasiruddin al-Khattab (Canada) Edited by:

Hudi Khattib (Canada) Final review by:

AbO Khaliyl (USA)

DARUSSALAM

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GLOBAL LEADER IN ISLAMIC BOOKS

Riyadh. Jeddah Al-Khobar .Sharjah Lahore. London .Hauston.New York

In the Name ofAllrih, the Most Gracious, the Most Merczfil

Kalamullah.Com

a Maktaba Dar-us-Salam, 2007 King Fahd National Library Catalog-in-Publication Data

An-Nasai, Ahmad bin 'Ali kn-Nasai IAhmad bin 'Ali - An-Nasai-Riyadh-2007 503 P, 14x21 cm ISBN: 978-9960-58-760-8 (set) . 978-9960-58-7653 (V0l.-5) ~

I-Al-Hadith- Six books 2- Hadith 3-Title 237.3 dc I42817415 Leaal Deoosit n0.1428/4679 978-9960-58-760-8 (set)

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978-9960-58-765-3 (V0l.4)

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Contents 37.The BookOf Fighting [The Prohibition Of Bloodshed] Chapter 1. Chapter 2. Chapter 3.

Chapter 4. Chapter 5.

Chaptex 6. Chapter 7.

Chapter 8. Chapter 9.

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Chapter 10 Chapter 11. Chapter 12. Chapter 13. Chapter 14. Chapter 16. Chapter 17. Chapter 18. Chapter 19. Chapter 20. Chapter 21. Chapter 22. Chapter 23. ChapIer24. Chapter 25. Chapter 26.

The Prohibition Of Bloodshed ................................................ 15 The Gravity Of The Sin Of Shedding Blood ............................... 25 Mentioning The Major Sins ................................................. 36 The Gravest Of Sins, And The Differeilces That Yahya And 'Abdur-Rabmin Narrated From Sufyin In The Had;& Of Wisil From. Abfi WVil From. 'Abdullih About That ........................... 38 Mentioning What Circumstances Allow Shedding The Blood Of A 39 Muslim .............................................................................. Killing One Who Splits Away From The Jamri'ah (Main Body Of Muslims) And Mentioning The Differences Reported From Ziyid Bin 'Iliqah From 'Arfajah About Thal ................. . ............... 42 The Meaning Of The Saying Of Allih. The Mighty And Sublime: "The recompense Of Those Who Wage War Against Allih And His Messenger. And Do Mischief In The Land. Is Only That They Shall Be Killed. Or Crucified. Or Their Hands And Their Feet Be Cut Off From Opposite Sides. Or Be Exiled From The Land." And Concerning Whom It Was Revealed. And Mentioning The Different Wordings Reported From Anas Bin Milik About Thai .... 44 Mentioning .. The Differences Reported From Humaid. From Anas Bin MalJc........................................................................ 46 Mentioning The Dierences Reported By Talha Bin Mwarrif And Mu'swiyah Bin Silih From Yahya Bin Sa'eed In This Had?& ......... 50 The Prohibition Of Mutilation ........................... . ................ 56 ... Cluc~flxlon..................................... .................................... 56 A Slave Who Runs Away To The Land Of @irk ........................ 57 The Difierences Reported From A b t Ishiq ............................... 58 The Ruling On Apostates ......................... . ........................ 59 The Ruling On T l ~ eOne Who Defames The Prophet g .............. 66 Mentioning The Different Reports From Al-A'maa In This Had& 68 Magic................................................................................ 71 Ruling On Practitioners Of Magic............................................ 72 The Magicians Among The People Oi T l ~ eBook ........................ 72 What Should A Man Do If Someone Comes To Take 13is Wealth? . 73 The One Whn 1s Killed Defending His Wealth ........................... 75 The One Who Is Killed Defending His Family ........................... 78 Tlie One Who Figlits To Protect His Religion .......................... 1. 78 The One Who Fights To Protect Himself Against Injustice ............ 79 The One Who Unsheathes His Sword And Starts To Strike The People With It ............................... ..................................... 79

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Chapter 27. Flghtmg Muslims ................................................................. 84 Chapter 28. Seriousness Of Fighting For A Cause That Is Not Clear ............... 87 Chapter 29. The Prohibition Of Killing ..................................................... 88

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38 The Book Of The Distribution Of Al-Fay'

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39 The Book Of AZ-Bay'ah (Oath Of Allegiance) Chapter 1. Chapter 2. Chapter 3. Chapter 4. Chapter 5 . Chapter 6. Chapter 7. Chapter 8. Chapter 9. Chapter 10. Chapter 11. Chapter 12. Chapter 13. Chapter 14. Chapter 15. Chapter 16. Chapter 17. Chapter 18. Chapter 19. Chapter 20. Chapter 21. Chapter 22. Chapter 23. Chapter 24. Chapter 25. Chapter 26. Chapter 27. Chapter 28. Chapter 29. Chapter 30. Chapter 31. Chapter 32. Chapter 33. Chapter 34. Chapter 35.

Pledging To Hear And Obey .................................................. 109 Pledging Not To Contend With The Orders Of Those In Authority . 109 Pledging To Speak The Truth ................................................. 110 Pledging To Speak Justly ..................... ........................... 110 Pledging Obedience Even When Others Are Preferred Over Us ..... 111 Pledging To Be Sincere Toward Every Muslim ...........................112 Pledging Not To Flee (From The Battlefield) ............................. 113 Pledging For Death .............................................................. 113 Pledging To Engage In Jihad ................................................. 114 Pledging To Emigrate (Al-Hijrah) ............................................116 The Importance Of Emigration (Hijrah) .................................... 116 Emigration (Hijmh) Of A Bedouin..................... . ...... . . . . . . . 117 The Explanation Of Emigration (Hijrah) ......................... .......... 118 ...................... 118 Encouragement To Emigrate ................. . . Mention Of The Difference Of Opinion As To Whether Emigration Is Still Obligato~yOr Not ..................................... 119 Pledge To Obey Whether One Likes It Or Not ........................... 121 Pledging To Forsake The Idolators ...................... ............. 122 The Women's Pledge ............................................................ 123 125 The Pledge Of The One Who Has A Deformity....................... The Pledge Of A Child ....................................................... 125 The Pledge Of Slaves............................................................ 126 Canceling The Pledge ........................................................... 126 Returning To The Desert Life After Having Emigrated ................127 Pledging To Do As Much As One Can ..................................... 128 Mentioning The Obligation Of The One Who Gives His Pledge To A Ruler, And Gives The Grasp Of H is Hand and The Sincerity Of ................................................... 129 His Heart ..................... . The Exhortation To Obey The Imim ........................................ 131 Encouragement To Obey The Imam .........................................131 The Saying Of All&. The Most High: "And those of you (Muslims) who are in authority" ........................................................... 132 The Stem Warning Against Disobeying The Imam ...................... 132 Rights And Duties Of The Imim ...................... .......... . . . . . . . . . 133 Sincerity To The Imlim ..................................................... 133 . .......... 135 The Inner Circle Of The Imrirn ............................. . The Minister Of The Imdm .................................................... 137 The Punishment Of One Who Is Commanded To Commit Sin And Obeys The Command ................................. . ........................ 137 Mentioning The Warning To Those Who Help The Leader To Do Wrong ................... . . ....................................................... 139

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Chapter 36. Those Who Do Not Help The Leader To Do Wrong ................... 139 Chapter 37. The Virtue Of The One Who Speaks The Truth Before An Unjust ......... 140 Chapter 38. The Re ......... 140 Chapter 39. It Is Disliked To Be Eager For Positions Of Authority ................. 141

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40 The Book Of Al-'Aqiqalt (Chapter 1. Chapter 2. Chapter 3. Chapter 4. Chapter 5.

For A Boy. Two Sheep)............... ....... ............................. 142 The 'Aqiqah For A Boy .................................................... 143 The 'Aqiqalz For A Girl ..................... . .............................144 How Many Sheep Should Be Slaughtered As An 'Aqiqah For A Girl? ................................................................................. 144 When Should The 'Aqfqal?. Be Performed? ................................. 145

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41 The Book Of Al-Fara'And AG'Atiralt (Chapter 1. Chapter 2. Chapter 3. Chapter 4.

There Is No Fara' And No Xiilah) ........................................ 147 The Explanation Of 'Atira 150 The Explanation Of Fara' 152 The Slun Of Dead Anim Properly)........... ......... ................................................ 154 Chapter 5. With What The Skin Of A Dead Animal Is Tanned ..................... 158 C h a ~ t e r6. Concession Allowine Use Of The Hides Of Dead Animals If Thev Have Been Tanned ............................................................. 160 Chapter 7. Prohibition Of Making Use Of The Hides Of Predators ................161 Chauter 8. The Prohibition Of Usine The Fat Of Dead Animals (Al-Maitalz) ' ... 162 chapter 9. The Prohibition O i using Whatever Allih. Tthe ~iglytyAnd Sublime. Has Forbidden .................... . . ....... . . ..................162 Chapter 10. If A Mouse Falls Into The Coolung Fat .................... . . . ......... 163 164 Chapter 11. If A Fly Falls Into A Vessel ................................................... 164

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42 The Book Of Hunting And Slaughtering The Command To Mention The Name Of AUih When Hunting ..... 166 The Prohibition Of Eating That Over Which The Name Of Allih Has Not Been Mentioned ...................................................... 166 Chapter 3. Hunting With A Trained Dog ................................................167 Chapter 4. Hunting With A Dog That Has Not Been Trained .......................168 Chapter 5 If Tlle Dog IWls The Game .................... 168 Chapter 6. If He Rnds Another Dog With His Dog Over Which He Did Not Mention The Name Of M i l l .................................................. 169 Chapter 7. If He Finds Another Dog Wit11 His Dog ...................................169 C h a ~ t e r8. If The Doe Eats From The Game............................................ 171 . 173 Chapter 9. The Command To IWl Dogs ............................................... n ~ a p t e 10 r . The E n d Of Dogs Wllich Are To Be Elled; .............................174 Chanter 11. The Abstinence Of The Aneels " From Enterine A House In Which There Is A Dog ............................................................... 175 Chapter 12. The Concession For Keeping Dogs For Herding Livestock ............ 176 Chapter 1. Chapter 2.

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Contents Chapter Chapter Chapter Chapter Chapter Chapter Chapter

13. 14. 15. 16. 17. 18. 19.

Chapter 20. Chapter 21. Chapter 22. Chapter 23. Chapter 24. Chapter 25. Chapter 26. Chapter 27. Chapter 28. Chapter 29. Chapter 30. Chanter 31. chapter 32. Chapter 33. Chapter 34. Chapter 35. Chapter 36. Chapter 37. Chapter 38.

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The Concession For Keeping Dogs For Hunting .........................177 The Concession For Keeping A Dog For Farming ....................... 178 The Prohibition Of The Price Of A Dog .................................. 179 The Concession For The Price Of A Hunting Dog ...................... 181 Domesticated Animals That Turn Wid ............................ 182 One Who Shoots At The Game And It Falls Into Water ..............183 The One Who Shoots An Arrow But (The Game) Gets Away From Him ................... ......................................................184 If The Game Has Turned Rotten ......................................... 185 Hunting With A Mi'dd .................. 186 What Is Stuck With The Broad Edge Of The Mi'rrid .................... 187 What Is Struck With The Sharp Side Of The Mikrid ....................187 Following Game .................................................................. 188 Rabbits .............................................................................. 188 Mastigures......................................................................... 190 Hyenas .............................................................................. 194 The Prohibition Against Eating Predators ............ . ............... 195 Permission To Eat Horse Meat ........................ . . .................. 196 Prohibiuon Against Eating Horse hleat ..................................... 197 Prohibition Of Eatine The Flesh Of Domesticated Donkevs ........... 198 Permissibility Of ~ a The & Flesh ~ Of Onagers (Wild ~ o r $ e y s...... ) 201 Permissibility Of Eating The Flesh Of Chickens ..........................203 Permissibility Of Eating Small Birds ........................................ 204 Dead Meat From The Sea ..................................................... 205 Frogs ................................................................................ 209 Locusts ............................................................................. 209 Killing ants ....................... .................................................. 210

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The Book Of &-Dahriyci (Sacrifices) (Chapter 1. The One Who Wishes To Offer A Sacrifice Should Not Remove 212 Any Of His Hair) ................................................................. . . .......... 214 Chapter 2. The One Who Cannot Find A S a d c e ................... Chapter 3. The Zmrim Slaughtering His Sacrifice In The Prayer Place ............. 214 Chapter 4. The People Slaughtenhg The Sacrifice In The Prayer Place ........... 215 Chapter 5. Animals That Are Not Allowed For S a d c e : The Aaimal With One Bad Eye ...................................................................... 216 Chapter 6. Lame Animals ..................................................................... 217 Chapter 7. Emaciated Animals .............................................................. 217 Chapter 8. An Animal With Its Ears Slit From The Front ........................... 218 .. 218 Chapter 9. An Animal With Its Ears Slit From The Back ..................... Chapter 10. An Animal With A Round Hole In Its Ear ................................ 219 Chapter 11. An Animal With Its Ears Slit Lengthwise ................................. 219 Chapter 12. An Animal With A Broken Horn ........................... . . .............220 Chapter 13. The Mfurinnah And The J a g a h ........................................... 220 Chapter 14. Rams ............................................................................... 223 Chapter 15. What Is Equivalent To A Camel For Sacrifice ............................ 225 Chapter 16. What Is Equivalent To A Cow For Sacrifice............................... 226 Chapter 17. Slaughtering One's Sacrifice Before The Imrim ......................... 226

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Permissibility Of Slaughtering With Atanvoh (Granite) ................ 229 Permissibility Of Slaughtering With A Stick ...............................230 Prohihition Of Slaughtering With Nails .................................... 231 ........ ...............232 Slaugl~teringWith The Teeth ............... . . . The Command To Sharpen The Blade ...................... . ............. 232 Concession Allowing The Process of Nalz r. For What Is Normally Slaughtered By Eab(z And E a b h For What is Normally ............................................................. 233 Slaughtered By N(I!ZI' Chapter 24. Slaugl~teringThat Which Has Been Bitten By A Beast Of Prey ...... 233 Chapter 25. Mention Of An Animal That Fell Into A Well And Its Throat Cannot Be Reached ................................... .....................234 Chapter 26. An Animal That Runs Away And No One Can Catch It ............... 234 Chapter 27. Slaughtering Well................................................................ 236 Chapter 28. A Man Placing His Foot On The Side Of The Sacrificial Animal .... 237 Chapter 29. Saying The Name Of Mill, The Mighty And Sublime, Over The Sacrificial Animal ...................... . . . ..............................237 Chapter 30. The TakhP (Saying: ANd/~uAkbar)Over It ................................. 238 Chapter 31. A Man Slaughtering His Sacrificial Animal With His Own Hand .... 238 A Man's Sacrificial Animal ................ 239 C h a ~ t e 32 r . Someone Else Slaughtering . ~ 239 Chapter 33. .Yn(ir For M%at 1, Norm;.lly Slaughrcrcd By D h b ! ...................... Cliaorrr 34. The Onc Who Oficrs A Sacrifice To Othcr 'Than Nlih ................ 240 chapter 35. The Prohibition Against Eating The Meat Of Sacrificial Animals After Three Days. And Storing It ............................................241 .........................242 Chaoter 36. Permission To Do That ........................... ...... 214 Chaprcr 37. Storing Mear From The Sacrifici..l Animals .................... Ch:inter I3v The Jcws ............................................ 246 .... r ~ 36~. -Animals Sl~uel~tercd Cl~aoter39. The Slaughter Performed By The One Who Is Unknown .............. 247 ~hi1btcr40 . lntcrprcwtion 01The sayin; 0fAllih. Thc Mighty and Sublims: "Eat No1 Of That On Wliich Allih's Namc H a s Yot Been Pronounced" ..... 21: Chapter 41. Prohibition Of (Eating) An Animal Which Was Used As A Target .. 248 Chapter 42. The One Who Kills A Small Bird For No Reason ....................... 250 Chapter 43. The Prohibition Against Eating The Flesh Of Al-Jallc2lalz ............... 251 Chapter 44. Prohibition Of The Milk Of AI-Jalldlah .....................................252

Chapter 18. Chapter 19. Chapter 20. Chapter 21. Chapter 22. Chapter 23.

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Encouragement To Earn A Living ............................. .......... 253 Avoiding Doubtful Sources Of Earning .....................................254 ................. 256 Trade ...................................................... . . 257 What Traders Must Avoid In Their Dealings.......................... The One W I O Sells His Product By Means Of False Oaths ........... 258 259 Taking Oaths To Cheat In Selling........................................... The Command To Give Charity For The One Who Did Not Believe That What He Swore About Was True ...........................260 Chapter 8. The n o Parties To A Transaction Have The Choice Before They Separate ............................................................................ 261 Chapter 9. Mentioning The Differences Reported From Nit7 .......................261 Chapter 10. Mentioning The Dliierences Reported From 'Abdullih bin Dinir ... 264

Chapter 1. Chapter 2. Chapter 3. Chapter 4. Chapter 5. Chapter 6. Chapter 7.

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Chapter 11. Requirement For The Two Parties To ATransactionTo Choose 267 Before They Physically Part ................................................... Chapter 12. Cheating When Trading .................................................... 268 Chapter 13. Al-Mc~haffalnh(Animals That Have Not Been Milked) ................. 269 Chapter 14. Prohibition Of (Selling)Al.Mu#a~tih,And It Is To Bind The Udders Of The Camel Or The Sheep. And To Avoid Miudng Them For Two Or Three Days. Until the Milk Gathers In Them. Increasing The Profits Of The Sale When It Is Seen That It Has A Great Amount Of Milk ....................................................... 269 271 Chapter 15. A Slave's Earnings Belong To His Guarantor 271 Chapter 16. The Muhirjir Selling For A Bedouin....................................... Chapter 17. The Town-Dweller Selling For A Desert-Dweller ........................ 272 ..................... 274 Chapter 18. Meeting Traders On The Way ...................... Chapter 19. Urging A Seller To Cancel A Sale Already Agreed Upon With Another Buyer. So As To Buy The Goods Oneself ...................... 275 Chapter 20. Ur,h g Someone To Cancel A Sale He Has Already Agreed Upon So As To Sell Him Y o u Own Goods ....................................... 276 Chapter 21. Artificially Idating Prices................................................... 276 Chapter 22. Selling By Auction .............................................................. 277 Chapter 23. Mulirmasah ........................ . ............................................. 278 278 Chapter 24. Explanation Of That .......................................................... 278 279 Chapter 25. Munirbad&h ................................................................. Chapter 26. Explanation Of That .......................................................... 280 282 Chapter 27. The Hasirh Transaction ..................................................... Chapter 28. Selling Fruits Before Their Condition Is Ihown ......................... 283 Chapter 29. Buying Fruits Before Their Condition Is Ihown On Condition That H e Will Pick Them And Not Leave Them Until They Ripen ......... 285 Chapter 30. h u l l i n g A Transaction In The Event Of Crop Failure ............... 286 Chapter 31. Selling The Harvest For A Number Of Years To Come ................ 287 Chapter 32. Selling Fresh Dates Still On The Tree For Dried Dates ................ 288 289 Chapter 33. Selling Fresh Grapes For Raisins ...................................... Chapter 34. 'Arriyri Sales For Dried Dates By Estimation............................... 290 Chapter 35. IArdyd Sales For Fresh Dates ................................................. 290 Chapter 36. Buying Dried Dates With Fresh Dates ..................................... 292 Chapter 37. Selling A Heap Of Dried Dates Whose Volume Is Unhown For A Heap Of Dried Dates Whose Volume Is Known ......................... 293 Chapter 38. Selling A Heap Of Grain For A Heap Of Grain ......................... 294 Chapter 39. Selling Grain In The Field For Grain (That Has Been Harvested) .. 294 Chapter 40. Selling Ears Of Corn Before The Grains Become Visible .............. 295 Chapter 41. Selling Dates For Dates Of Different Quality ............................. 296 298 Chapter 42. Selling Dates For Dates...................................................... 299 Chapter 43. Selling Wheat For Wheat................................................ Chapter 44. Selling Barley For Barley ................................................. 300 304 Chapter 45. Selling Din& For Dintim ..................................................... Chapter 46. Selling Dirhams For Dirhams Chapter 47. Selling Gold For Gold ........ Chapter 48. Selling A Necklace Containing G Chapter 49. Selling Silver For Gold On Credi

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Chapter 50. Selling Silver For Gold And Selling Gold For Silver..................... 309 Chapter 51. Exchanging Silver For Gold And Silver For Gold. And Mentioning The Different Wordings Reporled In The Narration Of fin 'U~nar..... 312 313 Chapter 52. Exchanging Silver For Gold ............................................... ............... 314 Chapler 53. Giving More When Weighing ....................... ...... Chapter 54. Allowing More When Weighing Goods For Sale ......................... 315 Chapter 55. Selling Food Before Taking Possession Of It ............................. 316 Chapter 56. Prohibition Of Selling Food That One Has Bought By Measure Until One Has Taken Possession Of I1...................................... 318 Chapter 57. Selling Food That One Has Bought Unmeasured Before Removing It From The Place Of Sale ..................................................... 319 Chapter 58. A Man Buying Food With Payment To Be Made Later. And The Seller Aslcing For Something As Collateral For This Price ............. 321 Chapter 59. To Pawn While A Resident ....................... ......... ............. 321 Chapter 60. Selling What The Seller Does Not Have.............. ................ 322 Chapter 61. Paying In Advance For Food ................................................ 323 ...................... 324 Chapter 62. Paying In Advance For Raisins.................. . . . Chapter 63. Paying In Advance For Fruit .................................................. 324 Chapter 64. Borrowing Animals ............................................................... 325 Chapter 65. Selling Animals In Exchange For Animals On Credit ................... 326 Chaoter 66. Selling Animals For Animals Of Different Amounts Or Quality. . . ....................................... 327 Hand To Hand ....................... Chapter 67. Selling The Offspring Of The Offspring Of A Pregnant Animal (Habal Al-Habalah) ................................. ..................... 328 Chahanter h8 . Emlanation Of That ........................................................ 329 . . . . . r Chapter 69. Selling The Produce Several Years In Advance ............................. 329 Chapter 70. Selling With Payment To Be Made At A Certain Time................. 330 Chapter 71. Lending On Condition Of Buying Or Selling ............................. 330 Chapter 72. Two Conditions In One Transaction, Which Is When One Says: "I Will Sell You This For This Price, If You Pay After One Month, Andhother Price If You Pay After'I'wo Months'' ........................................... 331 Chapter 73. Two Transactions In One, Wllich Is Where A Person Says: "I will Sell You This Produce For One Hundred Dirlzanw In Cash And Two Hundred Dirlzanzs On Credit." ................................................. 332 Chapter 74. Prohibition Of Selling With An Exception. Unless It Is Defined ..... 332 Chapter 75. Selling A Tree But Not Its Produce ................. ................. 333 Chapter 76. When A Slave Is Bougl~tOr Sold But His Possessions Are Exempt . 333 Chapter 77. A Sale In Which There Is A Condition And Both The Sale And . ........................ 334 The Condition Are Valid ..................... Chapter 78. If There Is An Invalid Condition In A Transaction. The Transaction Is Valid But That Condition Is Invalid .................... 338 Chapter 79. Selling Something From The Spoils Of War Prior To Ils ....................... 339 Chapter 80. Selling So Share...............340 Chapter 81. I1 Is Not Essential To Call Witnesses When Buying Or Selling .:... .. 340~ Chapter 82. When The Two Partics To A Transaction Disagree About The Price ............................................................................. 342 Chapter 83. Doing Business With The People Of The Book ..........................343 Chapter 84. Selling A Mudabba r. .............................................................. 344

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Chapter 85. Selling A Mulcdtib .............................................................. 345 Chapter 86. If A Mzdkdtib Is Sold Before He Pays Off His Contract Of . . ....................................................................... Manurmss~on 346 Chapter 87. Selling Loyalty (AI-Wald') .................................................... 348 Chapter 88. Selling Water .................. ..................................................348 Chapter 89. Selling Surplus Water ................................... .. ................. 349 Chapter 90. Selling Wine .....................................................................350 Chapter 91. Selling Dogs .................................. ...... ...............................351 Chapter 92. Exceptions From That...........................................................352 Chapter 93. Selling Pigs ........................................................................ 352 Chapter 94. Stud Fees For A Male Camel ............................................ 353 Chapter 95. If A Man Buys A Product Then Becomes Banlaupt, And The Product Itself Is Found With Him ........................................ 355 Chapter 96. If A Man Sells An Item And A Third Party Has More Right To It . 356 Chapter 97. Bo~~owing ........................................................................ 358 Chapter 98. Stern Warning Concerning Debt .......................................... 358 Chapter 99. Leniency Concerning That ................................................... 360 Chapter 100. When A Rich Man Takes A Long Time To Repay A Debt ........... 360 Chapter 101. Transferring Debts ..................................... ..................... 361 362 Chapter 102. Taldng On Another's Debt ................................................ Chapter 103. Encouragement To Pay Off Well ........................ ............. 362 Chapter 104. Being Kind When Asldng For Repayment ................................. 362 Chapter 105. Partnership Without Contributing ............................................ 364 Chapter 106. Shared Ownership Of Slaves........................................... 365 Chapter 107. Shared Ownership Of Date Palms......................................... 365 Chapter 108. Shared Ownership Of Houses ................................................ 365 Chapter 109. Pre-Emption And Its Rulings............................ ................. 366

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The Book Of Oaths (Qascimah) Retaliation And Blood Money Qasdmah During The Jahil@ah .......................................... 368 Qasrimah................ .......................................................371 Family Of The Victim Should Swear The Oath Fist. In The 372 Case Of QnsrImah ........................................................... Mentioning The Different Wordings In The Report Of Sahl ..... 374 Chapter 4. Retaliation ................................................................... 382 Chapter 5. 6. Mentioning The Differences Reported In The Narration OF Chapter 6. 7. 'Alqamah Bin WPil ...................................................... 384 The Meaning Of The Saying Of All%. The Most High: "And If Chapter 7. 8. You Judge. Judge With Justice Between Them" .....................390 Different Reports From 'Euimah Concerning That ................. 390 Chapter 8. 9. Chapter 9. 10. Cases Of Retaliation Between Free Men And Slaves............... 391 Chapter 10. 11. Retaliating Against The Master For The Slave ......................393 Chapter 11. 12. Killing A Woman In Return For A Woman .......................... 394 . ....... 394 Chapter 12. 13. Retaliation If A Man Kills A Woman ..................... . Chapter 13.14 . No Retaliation Is To Be Camed Out If A Muslim Kills A Disbeliever ..................................... ............................... 395 Chapter 14. 15. Seriousness Of Killing The One With A Covenant (Al-Mu'rihad) 398

Chapter 1. Chapter 2. Chapter 3.

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Chapter 15. 16. There Is No Retaliation Between Slaves For Offenses Less Than Killing ............................ ............................. 399 Chapter 16. 17. Al-QiSli~For A Tooth .................................................... 400 Chapters 17.18. AI-Q&ris For A Front Tooth ............................................. 401 Chapters 18.19. Retaliation For A Bile And Mentioning The Differences In The Report Oi The Narrators Of The Narration Of 'Imrin bin ....... ............... 403 Husain Concerning That ................. . 405 Chapter 19. 20. Self-Defense .................................................................. . 405 Chanters 20. 21. Mentionine The Differences Re~ortedFrom 'At% In ThisHaditlz . . 409 Chapter 21. 22. Retaliation For Stabbing................................................ 410 Chapters 22. 23. Retaliation For A Slap ..................................................... Chapters 23, 24. Retaliation For Pulling Roughly On A Person's Clothes........... 411 Chapter 24. 25. Retaliation Against People In Authority ........................ . .... 412 . . . ....................412 Chapters 25, 26. Internention Of The Ruler ............... Chapters 26, 27. Retaliation With Something Other Than The Sword ...............413 Chapters 27,28. Interpreting The Saying Of AUih. The Mighty And Sublime: But If The Killer Is Foreiven Bv The Brother (Or The Relatives) Of The ~ i l l r dAgainst ~ L o hloncy. d ~ h c ~n d f l z r i n It~ With ~ o ~airness And Pavrncnt Of Tllc Hlood \I.>nev To The Heir Should 13e M . ade In Fairness" ................................................................... 415 Chapters 28. 29. The Command To Pardon From Qi& ............................... 416 Chapters 29. 30. Should Diyah Be Taken From One Who IWs Deliberately. If The Heir Him. And Doesn't Seek . . Of The Victim Pardoned Retahat~on?.............. . . ............................................. 417 Chapters 30. 31. Women Pardoning In Cases Of Blood ................................. 418 Chapters 31. 32. One Who Is Killed With A Stone Or A Whip .......................419 Chapters 32. 33. The Amount Of The D j a h For Seemingly Intentional Killing And Mentioning The Differences Reported From A d b In The Narration Of Al-Qisim bin RaWah About That..................... 420 Chapters 33.34 . Mentioning The Differences Reported From Q i l i d Al.Ha&C . 421 Chapters 34.35 . Mentioning The Ages Of Camels To Be Given In Diyah For Accidental Killing ..................... . . ................................ 425 . . . ....................426 Chapters 35. 36. Mention Of The Diph In Silver .............. Chapters 36. 37. The Diynh Of A Woman................................................. 427 Chapters 37. 38. The Diyalz For A Disbeliever ............................................. 427 . . .............. 428 Chapters 38. 39. The Diyah For A Mukritab ....................... Chapters 39. 40. The Diyah For A Woman's Fetus .......................................430 Chapters 40.41 . The Description Of IGlling That Resemhles Intentional ICilling. And Who Is To Pay The Diyalz For A Fetus And For A Killing That Resemhles Intentional Killing. And Mentioning The Different Wordings Reported In The Narration Of Ibrilifm From ' m a i d Bin Nudailah From Al-Mnghfrah ......................435 Chapters 41. 42. Can Anyone Be Blamed For The Sin Of Another? ................. 439 Chapters 42. 43. If A Sightless Eye That Looks Fine Is Destroyed .................... 442 443~ Cllapters 43. 44. D j a h For Teeth ............................................................. Chapters 44. 45. Diynh For Fingers ........................................................... 443 Chapters 45. 46. Injuries That Expose The Bone ......................................... 446 Chapters 46.47 . Mentioning The Hadie Of 'Amr Bin H a m Concerning Blood Money. And Different Versions Thereof .............................. 447 -

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Chapter 47, 48. One Who Takes His Right To Retaliation Without The . ....................452 Involvement Of The Ruler ................... . Chapters 48,49. What Is Mentioned In The Book Of Retaliation From AL Mcqtaba Which Is Not Contained In The Sunan: Interpreting The Saying Of AUih, The Mighty And Sublime: "And Whoever Kills A Believer Intentionally, His Recompense Is Hell To Abide Therein" .................................................. 454

46. The Book Of Cutting Off The Hand Of The Thief Chapter 1. Chapter 2. Chapter 3. Chapter 4. Chapter 5. Chapter 6. Chapter 7. Chapter 8. Chapter 9.

The Seriousness Of Theft

............. 458

460 Maldng A Suspected Thief Admit To His Crime By Beating And Detaining Him ................................................. ...................460 Prompting The Thief . . ..................... 461 If AMan Lets AThief Have What H e Stole, After Bringing Him Before The Ruler, And Mention Of The DifferencesReported From 'At3 In The Narration Of Safwin Bin Umayyah About That.. ........... 462 Stealing Something That Is Kept In A Protected Place ................. 463 Mentioning The Different Wordings Reported By Az-Zuhri About The M-mi Woman Who Stole .......................................... 468 Encouragement To Cany Out Hadd Punishments........................474 The Value For Which, If It Is Stolen, The (Thief's) Hand Is To Be Cut Off ................. . . . . . 475 Mentioning The Differences Reported From Az-Zuhr? ................. 478 a51 .-A

Chapter 10. Mentioning The Differences Reported By AbO Bak~Bin Muhammad and 'Abdull& bin Abi B a h From 'Amrah In This Hadirh .............. . . ........ ...................................... 481 Chapter 11. ~ r u i t s ~he n ~ r e That e re Stolen ........................................ 490 Chapter 12. Stealing Fruit After It Has Been Put In The Place Where It Is Stored .................. 491 ...................... 493 Chapter 13. Chapter 14. Cutting Off The Thief's Foot After His Hand ............................. 498 499 Chapter 15. Cutting Off The Hands And Feet Of The Thief Chapter 16. Cutting (The Thief's Hand Off) While Traveling 500 Chapter 17. Definition Of Puberty And The Age At Which The Hadd Punishment May Be Carried Out On A Man Or A Woman ........... 501 Chapter 18. Hanging The Thiefs Hand From His Neck ................................ 502

The Book Of Fighting...

G j W I "q

15

the Name ofAllih tlfe Mod Berrejicnit, llie Most Merciful

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37. The Book Of Fighting [The Prohibition Of Bloodshed]

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Chapter 1. The Prohibition Of Bloodshed 3971. It was narrated from Anas bin M 2 l i that the Prophet @ said: "I have been commanded to fight the idolators until they bear witness to Lri ilrilza illallrih (there is none worthy of worship except Allih) and that Mu1;ammad is H i s slave a n d Messenger. If they bear witness to L i iliha illallrilz and that Maammad is His slave and Messenger, and they pray as we pray and face our Qiblah, and eat our slaughtered animals, then their blood and wealth becomes forbidden to us except for a right that is due." (Safzi!~) &I>

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3972. It was narrated from Anas bin MSlik that the Messenger of All&ll &Vj said: " I have been . ?< commanded to fight the idolators until they bear witness to Lri iliha illallilz (there is none worthy of ~

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3985. It was narrated from An-

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The Book Of Fighting...

$gcame to us while we were in a tent inside the Masjid of Al-AlMadinah, and he said to us: 'It has been revealed to me that I should fight the oeonle until thev sav L; ilfilza illallilz."' A similar narration. (Salzilz)

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Killing a Muslim intentionally is an enormously hateful sin. In the Glorious Qur'h, its punishment has been mentioned to be eternal abode in Hellfire, Allt%h'swrath, curse, and a terrible chastisement. No such punishment has been mentioned for any other sin. That is why it has been transmitted on the authority of Ibn 'Abbb, may Allih be pleased with hi and his father that the repentance of such a person is not accepted. He shall have to hear the above-mentioned punishments; or else he offers retribution in the life of this world. See Nos. 4867, 4873 for more details related to this.

3990. I t was n a r r a t e d f r o m ' A b d u l l ~that the Prophet g said: "No person is killed wrongfully, but a share of responsibility for his blood will be upon the first son of Adam, because he was the first one to set the precedence, of killing." (Sa!z%)

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3995. I t was n a r r a t e d f r o m 'Ahdullih bin Buraidah that his father said: "The Messenger of Allih @, said: 'Killing a believer is more grievous before Allih than the extinction of the whole world."' (Hasan)

3996. I t w a s n a r r a t e d t h a t 'Abdullkll said: "The Messenger of Allih &$ said: 'The first thing concerning which a person will be brought to account will be the Salfilz, and the first thine concemine which scores will be settled among the people, will be bloodshed." (Safzih)

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Comments: Meaning: on the Day of Resurrection. Among the rights of Allill, the most important is the ritual prayer. It will, therefore, be accounted for first of all. If one achieves victoiy or success in it, then there is hope that he would gain reprieve in other rights of Allth. But if he fails in the matter of ritual prayer; there would not remain any need for reckoning the remaining rights of Allih; or it means he would not be successful in it. Anong the rights of human beings, the most important is the sanctity of human life.

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The Book Of Fighting

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3997. I t was n a r r a t e d t h a t 'Abdullsh said: "The Messenger of M & @ said: 'The first matter concerning which judgment wiU be passed among the people d l be bloodshed."' (Sahih)

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4000. It was narrated that 'Amr bin said: "The Messenger of A U i @ said: 'The first matter concerning which scores will be settled among the people on the Day of Resurrection will be bloodshed."' (Sahifz)

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4001. I t was n a r r a t e d t h a t 'Abdullih said: "The first matter concerning which scores will be settled among the people will be bloodshed." (Sa!zi!z)

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and their adultery into chastity. And the Verse: "Say: 0 'Ibridi(My slaves) who have transgressed against themselves (by committing evil deeds a n d sins)"['] was revealed. (Hasart)

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4010. It was narrated from ibn 'Abbk that the Prophet @ said: "The slain will bring his killer on the Day of Resurrection with his forelock and his head in his hand, and with his jugular veins flowing with blood, and will say: '0Lord, he killed me,'

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until he draws near to the Throne." Thev mentioned reoentance to Ibn 'Abbb and he recited this Verse: "And whoever kills a believer intentionally, his recompense is Hell"['I He-said: "It has not been abrogated since it was revealed; there is no way he could repent." (Sahib) &+L;I

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4011. It was narrated that Zaid bin B i b i t said: "This Verse - 'And whoever kills a believer intentionally, his recompense is ell'['^ - was revealed six months after the Verse which was revealed in Sirat AlFurqin." (Hasan) Abfi 'AbdurR a h m i n (An-Nasi'i) said: Muhammad bin 'Amr did not hear it from Ab0 Az-&id:

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4012. It was narrated from Zaid with regard Allih's saying: "And whoever kills a believer intentionally, his recompense is ell"[^] that he said: "This Verse was revealed eight months after the Verse that is in Tabirak Al-Furqin:

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"And those who invoke not any other illih (zed), alone with Allih, or kill such person as Allih has forbidden, except by right."['] (Hasan) AbO 'Abdur-Ral?min (An~ a s i ' i )said: Abii Az-Zinid put Mujilid bill 'Awf between himself and B2rijah. \-

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The Book Of F i g h ~... g

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Chapter 3. Mentioning The Major S h s

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Comments: Sins are primarigy of two kinds: minor and major. In reality, every sin is an enormity which entails either a threat of punishment in. the Hereafter, explicitly mentioned in the Glorious Qur'in or Ha&&, or which entails a prescribed legal punishment (Hulld), or which is cmsidered synonymous.with egression from the fold of Islam, or which is explicitly called an enormity, or which is eqilal to anothcr major sin.

4014. Abtt Ayyilb At-Ansari narrated that thc Messenger of All2h g saicl: .'Whoever comes worshipping Allf~h and not associating 21nythiny with Him, establishing Sol?/z, plying %ik?h and avoidin,g major sins, Paradise will be his." Thcy askctl' him about major sins a n d he said: "Associating othcrs with Allih, killing a Mrrslim soul, and fleeing (from the battlefield) on the day of the march." (Sahi!~)

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'Paradise will be his' because these righteous deeds w d d prevail upon the rest of his bad habits and the judgment wouId be passed up02 the dominant majority; othetwise no one is free from wrongdoing, except what All& wills!

4015. I t was n a r r a t e d t h a t 'UbaidulIiB bin Abi Bakr said: "I

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Comments: Major sins may be understood to be of three kinds: (1) The gravest of major sins (Kabir Al-Kabri'ir), for instance, polytheism (Shirk) or the denial of an absolute command of the Divine law. (2) Those sins which violate the rights of other human beings, for example, murder. (3) Violation of orders or prohibitions of Allih, for instance, adultery, drinking wine, etc.

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4016. I t was n a r r a t e d f r o m 'Abdullih bin 'Amr that the Prophet g said: "The major sins are: ~ssoiiatingotlle~swith AlEh, disobeying parents, killing a soul (murder) and swearing a false oath knowingly." (?a%$)

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4017. It was narrated from 'Ubaid bin 'Umair that his father - who was one of the Companions of the Prophet @$ - told him: "A man said: '0 Messenger of AlBh, what are the major sins?' He said: 'They are seven; the most grievous of which are associating others with Allih, killing a soul unlawfully and fleeing (from the battlefield) on the

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The Book Of Fighting

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day of the march."' It is abridged. (Da'if)

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4019. I t w a s n a r r a t e d t h a t ' A b d u l l i h said: "I said: ' 0 Messenger of All*, which sin is

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said: "I asked the Messenger of All211 &, which sin is most grievous?" He said: "S&r.k, setting ;p a rival to All& committing adultery with your neigl~bor's wife, and killing your child for fear of poverty, and that he may eat with you." Then 'Abdull2h recited the Verse: "And those who invoke not any other Ilzlz (god) alongwitl~~l12h,"[1] (flmar2) AbG 'Abdur-Rahm2n (An-NasCi) said: This is a mistake, and what is correct is the one before it. This narration of Yazid is a mistake, it should be ~ 2 ~ i l . [ ~ ]

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AUih @ said: 'By the One besides

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Comments: There is mention of shedding the blood of a Muslim in this Hadit&, meaning unlawfully. As for legal punishments, and fighting the rebs, this is a different matter. , , ,:: 4022. It was narrated that 'Amr :26 3 $ 3p ~~1 - f . yy bin Ghilib said: ".&&ah said: 'Do 6 2 : j& ,; ~ Gk : j& ,.,~62 you not know that the Messenger of All& @ said: It is not :j i dL ' . , , 9y 3 j r ' = q I ; permissible to shed the blood of a :&G 2~ Muslim. e x c e ~ t a m a n w h o .j 6 g 41 j-4 3 5f committed adultery after being ,I a , , i Z S J &-J $j ,+.g p.jl % married, or one who reverted to Kufi after becoming Muslim, or a 3f & ;! LGG l i e Eor a life."' (SaFf?a) Zuhair was .>J '2;n , ~, in accord with him.

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4023. 11 I I ~ I t11;11 I 'Amr hill C;Ii:~lih said: .'~~isli:~li \:lid: .O . j \ ~ ~ ~ ~ i iDO ; t r !\ULI riot k110\\ tIi:~t it i\ not pcnnissihlc to \ I ~ c c I llic blood 1~1.:I Muslim cnccpl ill [ l i r c C c:lscs: :\ life for a lire. :! I I I , I I ~ ~ V I I O c,ommits adullcr! I [icing 111;1rt-icd."'(Sa11;li) c111t1 lhc q11111ecl llic N(rrlifi.

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Comments: 'Flag-stones or pavement (Balrit)' which was in fact a raised paved platform situated outside of the Prophet's g Mosque, where people used to generally sit down and talk, so that the sanctity of the Prophet's @$ Mosque was not violated. People of the raised platform in this narration denote those wicked folks who had come together from other provinces in order to overthrow 'UWin. Ultimately, they carried out their threats.

Chapter 6. Killing One Who Splits Away From The Jami'uh (Main Body Of Muslims) And Mentioning The Differences Reported From Ziy%dBin 'Ikqah From 'Arfajah About That

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4025. It was narrated that 'Arfajah bin &a& Al-Asqja'i said: "I saw the Prophet jg on the Minbar addressing the people. He said: 'After me there will be many calamities and much evil behavior. Whoever you see splitting away from the Jamri'ah o r trying to create division among the Ummah of Muhammad @$, then kill him, for the Hand of AUih is with the Jamri'ah, and the gaifrin is with the one who splits away from the Ummah, running with him."

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4026. I t was narrated that 'Arfajah bin Shura& said: "The Prophet g g

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said: 'After me there will be many calamities and much evil behavior.' H e raised his bands (and said): 'Whomever you see trying to create division among the Unz~nalz of Muhammad @ when they are all united, kill l k , no matter who he is among the people."' (Salzi!z)

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The solidarity and the unity of the (Muslim) nation is of first and foremost importance above everything else. An attempt to create disunity and discord over petty and trivial matters, and raise such things to standards by wllich to test truth from falsehood, is a gave crime. If the nation reaches an overall consensus over a ruler, then to create discord and disunity by needlessly criticizing and raising protests against the A m i ~unequivocally falls under the category of rebellion. The ruler is after all a human being. He is likely to have deficiencies. He might probably make mistakes, but deficiencies, weaknesses, or mistakes do not justify rebellion and corruption.

4027. It was narrated that 'Adajah said: "I heard the Messenger of Allih g say: 'After me there will be many calamities and much evil behavior. Whoever wants to create division among the Unzlnalz (of Mullammad g ) when they are all united, strike him with the sword."' (Sa!zi!i)

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Comments: 'To die': Allih's Messenger g had not intlicted upon them this severe punishment without a reason. Their crimes were more than one. They had turned apostate. They had killed a herdsman. They did not stop at slaying him, but they tore his hands and feet apart, and poked his eyes with heated iron. Thereupon they cast the guiltless herdsman upon burning rocks, hungry and thirsty, to die. The punishment which Allih's Messenger inflicted upon them was for their maltreatment of the herdsman. The punishment for their other crimes too fell under it.

4030. It was narrated from Anas that some people from 'Ukl came to the Proohet g but the climate of ~ l - ~ a i n adid h not suit them. The Prophet g told them to go to the camels that had been given in Sadaqah and drink some of their milk and urine. They did that, then thev killed their herdsman and droie off the camels. The Prophet @ sent (men) after them, and they were brought to him. He had their hands and feet cut off, and their eyes gouged out,[21 and he did not have (their wounds) cauterized,

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Sarnmaro or Samam means poking their eyes with hot rods until their sight had gone. See the commentary of As-Sindi. As for Samala, some versions have it, Al-Gatt2bi said: "Gouging out the eye, by whatever means." See Fatlc Ai-Biri (No. 233 of Ai-Bu&iri.) We used "branded" forSanmmorn and Sarnarn and "gouged" forSarnaln in the translation. [I' This narration says Samala.

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and he left them to die. Then Allih, the Mighty and Sublime, revealed: "The recompense of those who wage war against AllHh and His ~essen~er."[ll (Sahih)

4031. It was narrated that Anas said: "Eighty men from 'Ukl came to the Messenger of All& @" and he (the narrator) mentioned a similar report up to the words: "And he did not have (their wounds) cauterized." And he said: "They killed the herdsman." (Sahih)

4032. It was narrated that Anas said: "A group of men from 'Ukl, or 'Uraynah, came to the Prophet g ,and when the climate of AlMadinah did not suit them, he told them to go to some camels and drink their milk and urine. Then they killed the herdsman and stole the camels. He sent (men) after them, and had their hands and feet cut off, and their eyes gouged out." (Sahfh)

Chapter 8. Mentioning The Differences Reported From Humaid, From Anas Bii Mfilik

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bin Milik that some people from 'Uraynah came to the Messenger of Allih g,but the climate of AlMadinah did not suit them. The Prophet g sent them to some camels of his, and he drank some of their milk and urine. When tliey recovered, they apostatized from Islam and lcillid

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the Messenger of Allih %, and fled as those a t war. T h e Messenger of Allih @ sent someone to bring them and they were caught. He had their hands and feel cut off and their eyes branded, then he left them in AlHarrah until they died." (Sa!zE/z)

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4037. Anas bin MBlik narrated

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4038. A similar report was

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4039. It was narrated from Anas that some people from 'Uraynah camped in Al-Harrah and came to the Messenger of All% @. The climate of Al-Madhah did not suit them, so the Messenger of All% g told them to go and stay near the camels that had been given in Sadanah, and to drink their milk A d ;r&e. Then they killed the herdsman and apostatized from Islam, and drove off the camels. The Messenger of All% g sent (men) after them, who brought them, then he had their hands and feet cut off, and their eyes gouged out, and left them in Al-Harrah. Anas said: "I saw one of them biting at the ground from thirst,

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2 - ( %e d l ) Chanter 9. Mentioning The - - d . b +@I ~ifflrences~ e ~ o r t ky e d~ a l l ~ a h Bin Musarrif And Mu'swiyah * Bin S ~ I &From Yahya Bin ~-(vUl)+-$I I& 2 J+-,-2 Sa'eed In This Had@ , ' +F1.,,:' - i . 4040. It was narrated that Anas :j6 -s a ,

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skin turned yellow and their bellies hecame swollen. The Prophet of Allih sent them to some milk camels of his and told them to drink their milk and urine until thcy recovcl-ed. Then they killed their hcl.dsmen and drove off the camels. he prophet of N l i h sent ( m e n ) after them and they were hn>ught hack, then he had their h;lnds and fect cut off, and their cyes were branded." T h e Ci,mm;~nder of tlie Believers, .Ahdul-Malik, said to Anas, when lic was narrating this Had;& "Was that (punisl~ment)for Kufi or for sin'?" He said: "For Kufr." (Salzilz) .l"2qA:c

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Hi&$m, from his father, that some people raided he camels of the Messenger of Allih @. He had their hands and feet cut off and their eyes gouged out. (Salzil?)

4045. It was narrated that 'Urwah bin Az-Zubair said: "Some people from 'Uraynah raided the milk camels of the Messenger of All2h &: and drove them off, and killed a slave of his. The Messenger of Allih & : sent (men) after them, and they were caught, and he had their hands and feet cut off, and their eyes gouged out." (Sahi11)

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preceded above these narrations: 'The recompense of those who wage war against Allih and His Messenger, and do mischief in the land...' (5: 33) The purpose is that this Verse makes mention of the punishment which was meted out to the people of 'Uraynah.

4047. It was narrated from AbG AzZ i i d that the Messenger of Allih @ had the (hands and feet) of those who drove off his camels cut off, and their eyes gouged out with fire. Allih rebuked him for that, and Allih, Most High, revealed the entire verse: "The recompense of those who wage war against Allih and His ~ e s s e n ~ e r . "(Da'@ ~~]

4048. It was narrated that h a s said: "The Prophet @ only had the eyes of those people gouged out, because they had gouged out the eyes of the herdsmen." (Sahih)

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4049. It was narrated from Anas bin Milik that a Jewish man Idled an AnsM girl for her jewelry, and threw her in an empty well, and I , crushed her head with a rock. He

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was caught and the Messenger of All211 & ordered that he be stoned to death. (Sa!li!l)

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This narration also corroborates that in whichever way a man slays the person, the slayer ought to be slain the same way. The telm Qisis, or just retaliation, also demands the same thing.

4050. It was nai-rated from Anas that a man killed an An$iri girl for her jewelry, then he threw her in an empty well, and crushed her head with a rock. The Prophet $g ordered that he he stoned to death. (Sa!~t!a)

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The man had clushed the girl's head, had snatched her ornaments, and had thrown her into a pit. He took her for dead, but she still had some breath left in her. Her gesticulation aided in his arrest.

4051. It was narrated that Ihil ' A b b i s said, concerning t h e statement of Allill, the Most High: The recompense of those who wage war against All2h and His Messenger."] "This Verse was revealed concerning the idolators.

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The Book Of Fighting... Whoever among them repents before he is captured, you have no way against him. This Verse does not apply to the Muslims. Whoever kills, spreads mischief in the land, and wages war against AU2h and His Messenger, then joins the disbelievers before he can be caught, there is nothing to prevent the Hadd punishment being carried out o n Gm because of what he did." (pasan) rrvy:e

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4052. It was narrated from Anas who said: "The Messenger of AU2h used to stress charity in his sermons, and prohibit mutilation." (SaEth)

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Mutilation means cutting or tearing off the limbs of the person slain (ear, nose private parts, etc.) so that the corpse is debased or desecrated. In battles, it was a common practice. The disbelievers prided over it. All2h's Messenger g,therefore, prohibited general mutilation of enemies as well as in battles.

Chapter 11. Crucifixion

4053. It was narrated from '&&ah that the Messenger of All31 @ said: "It is not permissible to shed the blood o f a Muslim except in three cases: A adulterer who had

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The Book Of Fighting... been married, who should be stoned to death; a man who killed another man intentionally, who sllould be killed; and a man who left Islam and waged war against Allgh, the Mighty and Sublime, and His Messenger, who should be killed, or crucified, or banished, from the land." (Sahih)

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Comments: We learn that a ruler has the authority to choose any of the afore-mentioned punishments in the case of highway robber, rebellion, and apostate from Islam, which means he may decrease or increase the punishment in accordance with the gravity of the crime. And All2h lmows best!

Chapter 12. A Slave Who Runs Away To The Land Of @irk

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4054. It was narrated that Jar2 said: "The Messenger of Alla g said: 'If a slave runs away, no Salih

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...

The Book Of Fighting

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4055. J& used to narrate from the P r o p h e t s : "If a slave runs away, no Sal8h will be acce~tedfromhim,and he dies he will die a disbelieve;." A slave of Jarir's ran away, and he caught him and struck his neck (kill& him). (Sahih)

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Comments: Here is the description of a specific situation when the slave runs away and joins with the unbelievers, as transpires from the caption of the chapter. In this situation, he would either be an apostate or a rebel.

4056. It was narrated that Ja& bin 'Abdullih said: "If a slave runs awav to the land of -Shirk, . there is no protection (or immunity) for him." (Sahih)

Chapter 13. The Differences Reported From Abi3 I s h i q

4057. It was narrated that J& said: "The Messenger of AUih g said: 'If aslave-sawaytothelandof @irk, it becomes permissible to shed his blood."' (Sahih)

4058. It was nanated from Jarir that the Prophet g said: "If a slave

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Chapter 14. The Ruling On Apostates

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4059. Itwas narrated that Jarir said:

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The Book Of Fighting... of a Muslim except in three cases: A man who commits adultery &er having married; or one who kills intentionally, in which case he deserves retaliation; or one who apostatizes after having become Muslim, in which case he deserves to be killed."' (Hasan) L&QI

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g sent him to Yemen, then hebent Mu%& bin Jabal after that. When he arrived he said: '0 people, I am the envoy of the ~ e s s e & e iof All3I [I1

That is, the previous narration.

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& to you.' AbO MOsi gave him a cushion to sit down, then a man was brought who had been a Jew, then he became a Muslim, then he reverted to Kufi.. Mu'idJ said: 'I will not sit down until he is killed; this is the decree of All211 and His Messenger,' (saying it) three times. When he was killed, he sat down." (Sa!z?lz) j.

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4074. It was narrated that Ibn 'Abbh said concerning Slirat AnNahl - "Whoever disbelieved in AllHh after his belief, except him who is forced thereto and whose heart is at rest with Faith; but such as open their breasts to disbelief, on

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them is wrath from AU$h, and theirs :d$ JJI $ J! ;,&! 9 will be a great torment."['] "This was abrogated, and an exception was [\ :I ] 4 41% $; made, as AUih said: 'Then, verily, , I,I , I , ,: &J : J E .&,j -13 '* your Lord for those who emigrated after they had been put to trials and 3 & & && ., ,4; thereafter strove hard and fought .-I,/, ,/, (for the Cause of All&) and were G& & 3; 6 C ; lib+~ b-++ patient, verily, your Lord aftelward 4@j>,L.JI

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Chapter 17. Mentioning The Different Reports From AfA'mash In This Hn&tlz

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4077. It was narrated that Ahk Borzah said: "AhCl Bakr got infuriated with a man, anrl I said: 'Who is he, 0 KJ~il~~ilr of the Messenger of Allsh?' Hc said: 'Why:" I said: 'So that I might strike his neck (killing him) if you tell me to.' He said: 'Would you really do that? I said: 'Yes. By AlEh,' the seriousness of what I said took away his anger. Then he said: 'That is not for anyone after Muhammad &."' (Hasan)

4078. I t was narrated that AbO Barzah said: "I passed by AbCl Bakr and he was furious with one of his companions. I said: '0 aalifah of the Messenger of All%, who is the one with whom you are furious? He said: 'Why are you asking about him?' I said: 'I will strike his neck (kill him).' By Allih, the seriousness of what I said took away his anger. Then he said: 'That is not for anyone

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4079. It was narrated that AbO Barzah said: "AbO Bakr became infuriated with a man." He said: "If you tell me to, I will do it." He said: "By Allah, that is not for any human being after Muhammad g." (Hasan)

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. r o ' r v : e ' 6 y ~ > J "' f3' V ? : C Nadrah, that Abfi Barzah said: "AbO Bakr got very. a n-m. with a man, so much so that his color changed. I said: '0 aalifalz of the Messenger of Allih, if you tell me to, I will strike his neck (kill him).' It was as if cold water had been poured on him and he became calm. He said: 'May your mother be bereft of you, Abfi Barzah! That is not for anyone after the Messenger of Allill @."' (&sun) Abfi 'Abdur-Rahmin (An-Nad'i) said: This is a mistake, and what is correct is Ahfi Nasr, and his name is Humaid hin Hilil, m ' b a h contradicted him.

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4081. Abfi Nasr narrated from AbO Barzah, thal he said: "I came to Abfi Bakr when he bad spoken harshly to a man who had answered back. I said: 'Shall I not

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'The one who ties a knot': sorcerers generally cast spell by tying knots. That is why the act of tying knots was specifically mentioned. Otherwise, on whichever way a magical spell is cast, it is unequivocally magic.

Chapter 20. The Magicians Among The Peoale Of The Book 4085. It was narrated that Zaid bin

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Arqam said: "A Jewish man cast a spellontheProphet&,andhefell ill as a result of it, for several days. Then Jibr32, peace be upon him, came to him and said: 'A Jewish man has put a spell on you. In such and there is a h o t that he such a tied for you.' The Messenger of AU2h g sent them to take it out and bring it to him. Then the Messenger of AU2h g got up as if he had been released from some bonds. No mention of that was made to that

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'Ais&ah & in Salzih Al-Bu&liri in detail. 2. This spell was cast by t11e Jewish magician Labid bin al-A'sam the accursed, at the strong insistence of Jews, for exchange of three dinars. And this incident took place in the month of Muliarram in the year 7 A.H. H e acquired the Prophet's #$ comb and liis hairs through a Jewish boy, and utilized them to cast a spell. His purpose was (May Allih fill his mouth with dust) to end the life, but he could not succeed. Prophet's

Chapter 21. What Should A Man Do If Someone Comes To Take His Wealth? 4086. It was narl-nlcd from Qilii~s bin Mukliiriq 1h:ll his I',~llicrs ~ i i l : "I 1ie:ll-d S u l y i n , \ ~ I ~ - ' l ' l i : ~ \ ~ v i n a l - ~ ~ tlliis i l ~ I~i ~ ~ ~ l iIrIL, I ~\.: ~ i ~ .,\ l: tiian came llic l'rol>li~,~ illid said: "What if ;I tii:111 c~111111~\t i 1 I I I L , and wants to 1:lkc 111) \ \ L ~ ; I I I I I . " l l c said: "Rcmincl liilii 111 . \ i i . ~ l ~ . " 11c said: "Wli:11 if 11c I > ; I \ \~ i t jI I C L . ~ ~ He said: "Scck I 11~111 I IIIV Muslims :1ro1111~1 !1111 .I:.~III\! 111111. f k \;iitI: -\\'II,II 11 ! I I , ? \ $10 h1\1\li111\, I I ~ , I I I I C ~1 1 ' . I I. - , I ! < \ SLY^ ! l i ~ ,I I C I I \ v l , ,.,, ,#,:,(;),\I l l i l l l . " I IL. \,!!,I \\ l,,,t ! *!!. I , , : , I I , I;1r ' 1 \ \ , 1 \ l ~ , ! l l : 1 1 , ~ 11, \ , l l < l . . ' l ~ i ~ l Il, l, , l ~ I ~ l l ,\ l ~ ~ l l\ \l ~ ~ , l l ~l l l lll l l "'

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4088. It was narrated from AbB Hurairah that a man came to the Messenger of All& @ and said: "0 Messenger of All&, what do you think if someone comes to steal my wealth?" He said: "Urge him by All&." He said: "What if he persists?' He said: "Urge him by All&." He said: "What if he persists?" He said: "Urge him by

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4092. It wasnarratedthat 'Abdull3I bin 'Amr said: "The Messenger of All& % said: 'Whoever is killed defending his wealth, he is a martyr."' (S&ih)

4093. I t was n a r r a t e d f r o m Ibrshim bin Muhammad bin ~aah that he heard ' ~ b d d i hbin 'Amr narrating from the Prophet B, that he said: "If a person's wealth is sought withour right, and he fights (to protect it) and is killed, he is a martyr." (S&ih) This is a mistake, and what is correct is (the previous) the narration of Su'air bin Al-I&&. 3

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4095. It was narrated from Sa'eed bin Zaid that the Prophet @ said: "Whoever is billed defending his wealth, he is a martyr." This is an abridgement of it. (s&&)

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The purpose is to demonstrate that the one who is killed, irrespective of whether he was killed while protecting his own self, or protecting his property or wealth, or his honor, or his wife and children, or guarding his religion, is a martyr. That means he would be forgiven and he would enter Paradise.

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Chapter 24. The One Who Fights To Protect His Religion 4100. It was narrated that Sa'eed bin Zaid said: "The Messenger of g said: 'Whoever is N e d protecting his wealth, he is a martyr. Whoever is killed protecting his family, he is a martyr. Whoever is killed protecting his religion, he is a martyr. Whoever is killed protecting himself, he is a martyr."' (Sahih)

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4101. I t \ \ ; I \ n;~rr:~ledt h a t Abii .I;II.II I : I \\.;IS sitting with S \ ~ \ \ ; ~lliii i i l Rfuq;~rrin.and hc said: 1111. Alcmcngcr of Allill .g:said: ..\\'lioc\.c~- i!, hillcd defending i i i i i t illjustice, 11e is a m;~rQr."(Sa!ii!i)

Chapter 26. The One Who Unsheathes His Sword And Starts To Strike The People With It 4102. It was narrated from Ibn AzZubair that the Messenger of AllHh @ said: "Whoever unsheatl~esliis sword and starts to strike the people with it, it is permissible to shed his blood." (Sa!ti!i)

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Comments: Absolutely no one has any right to terrorize the society by reason of any religious, political, or social disagreement. Likewise, no one may kill a crimioal on his own, irrespective of whether he apprehends him red-handed. This is because the right of retribution is vested with the government, not with individuals. If someone indulges in such activity on his own, he would be slain by way of retribution, even if he is right.

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4109. Sa'd bim AH Waqgs told us that the Messenger o f Allsh & said: "Fighting a Muslim is Kzrfr

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transmitters have narrated this Had:&, Mar$' (from the Messenger of Allih &); while some have narrated it Maluqif (from a Companion). This is not an injurious disagreement, because such a narration is invariably considered Marfir'.

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Chapter 28. Seriousness Of Fighting For A Cause That Is Not Clear 4119. It was narrated that AbO

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4120. It was narrated tliat Jundab bin 'Abdullih said: "The Messenger of Allih gg said: 'Whoever fights for a cause tliat is not clear, advocating tribalism, getting angry for the sake oftribalism, thenhellas died adeath of Jirlziliyyalz." (Sallilz) AbO 'Abdur-Rahm2n (An-NasiX) said: 'Imrin N-Qatt2n (one of the narrators) is not that strong.

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Chapter 29. The Prohibition Of Killing 4121. It was narrated that Abii

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4126. It was narrated that Ab6 Bakrah said: "The Messenger g$ said: 'If two Muslims meet (and fight) with their swords and one of

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them ldlls the other, the killer and the slain will both be in Hell."' (Sahib)

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Comments: Fighting against tlie Muslims is the affair of unbelievers. If Muslims fight Muslims, they would resemble unbelievers. Consequently, this would serve the purpose of the deniers of truth. Now there is no need for them (tlie unbelievers) to fight. 4131. It was narrated that Ibn : J i 81; 2 !122 t s ? - & \ y \ 'Uinar said: "The Messenger of + ,~2: j , j -f $7 & p All2h g,said: 'Do not revert to , disbelievers after I am gone, 2 2 &Syl2 ., striking the necks of one another $1 2 4;j i : j 6 ;b;. 21 , 2 , ~ $ 3 2 (killing one another). No man is to be punished for the sins of his + Lsg I&J yll :g father, or for the sins of his g+,, , k$ y & A +i? brother."' (Sa!zi!z) Abfi 'Abdur-Rahm2n (An-Nas8) .I[*! & 2 9; %f said: Tlus is a mistake, and what is ,L j ; ji correct is that it is Mursal.

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4132. I t was n a r r a t e d t h a t 'Abdullih said: "The Messenger of All& @ said: 'Do not revert to disbelievers after I am gone, striking the necks of one another (killing one another), No man is to be punished for the sins of his father, or the sins of his brother."' (Sahfh)

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4133. It was narrated that Masr6q said: "The Messenger of AUah said: 'I do not want to see you after I am gone reverting to disbleivers, striking the necks of one another (Elling one another). No man is punished for the crime of his father, o r t h e crime of his brother."' This is correct. (Sahih)

4134. It was narrated from Masnlq that the Messenger of All& @ said: "Do not revert to disbelievers after I am gone." It is Mursal.

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4135. It was narrated from Abfi Bakrah that the Prophet g$ said: "Do not revert to misguidance after I am gone, striking the necks of o n e another (killing o n e another)." (Sahih)

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4136. It was narrated from Jarir that during t h e Farewell Pilgrimage, the Messenger of Allih %-asked the people to be quiet and listen, and said: "Do not revert to disbelievers after I am gone, striking the necks of one another (killing one another)." (Sahilz)

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Hadri This is in relation to the habitation called Halzira, where the first meeting or conference of the Khawririj was held. Due to this ascription, every ILhririjite is usually called a Hadn, irrespective of whether or not he belongs to Hanira. (For detail concerning the IGzdrijite, please turn to Hadit& 4107, 4108).

4139. It was narrated that Yazid bin Hurmuz said: "Najdah wrote to

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refers to wealth taken from the disbelievers without fighting. Ghanfmah refers to spoils of war in general. However, the author has included chapter about both in this section. See the details after No. 4152.

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The Book Of The Distribution...

95

Ibn 'Abbis and asked him about the share of the relatives (of the Messenger of All211 g), to whom should it be given?" Yazid bin Hurinuz said: "I wrote down the letter of Ibn 'Abbh to Najdah in which he said: 'You have written aslcing me about the share of the relatives (of the Messenger of All211 g), to whom should it be given? It is for us, the members of the household (Alzl Al-Bait). 'Umar used to offer to help the single among us (to get married), and to give some to our poor and to pay off the debts of our debtors. We insisted that he should give it to us, but he refused, and we left it at that." (Salzi!~) .&LJl + l d l

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4140. It was narrated that AlA w z E said: "Umar bin 'Abdul'Aziz wrote a letter to 'Umar bin Al-WaEd in which he said: 'The share that your father gave to you was the entire @~rnus,[~'but the share that your father is entitled to is the same as that of any man among the Muslims, on which is due the rights of AUih and His Messenger, and of relatives, orphans, the poor and wayfarers. How many will dispute with your father on the Day of Resurrection! How can he be saved who has so many disputants? And your openly allowing musical instruments and wind instruments is an innovation ['I One-fsth of the spoils of war. See No. 4152.

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The E o o k ~ 0 The f Distribution

...

96

in Islam. I was thinking of sending someone to you who would cut off your evil long hair."' (Sahih) .(&dl

Comments: 'Umar bin Wafid was the son of the Caliph Wdfd bin Abdul Mglik. 'Umar bin 'Abdul-'Aziz's view was that the @zlmus was to be divided only among the categories mentioned in the Qur'8n. As for his mention of "evil long hair" it is Jummnt As-Sawi' (and they say Sawi') As-Sin& said: "There is nothing disliked about having Jzrmmah. Perhaps, he disliked it because it was a meam of pride from him...." As for the meaning of Jummah; it is the hair that extends beyond the ear lobes, and the Messenger of All& @ has been described with such.

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4141. Sa'eed bin Al-Milsiyyab narrated that Jubair bin Mut'im told him: "He and 'Uwin bin 'AffAn came to the Messenger of AUAh g$ to speak to him about what he had distributed of the KAz~mus of Hunain to Banu Hbhim and Banu Al-Muttalib bin 'AG Manaf. They said: ' 0 M e s s e n g e r of A l l i h , you distributed it to our brothers; Banu Al-Muttalib bin 'Abd Man%, and you did not give us anything, and our relationship to you is the same as theirs.' The Messenger of AU& @ said to them: 'I think that H%shim and Al-MuGalib are the same."' Jibair bin Mut'im said: "The Messenger of All8h @ did tlot allocate anything to Banu 'Abd Shams or Banu Nawfal from that as he .allocated to Banu HLhim and Banu Al-Muitalib." (~a$+)

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4143. It was narrated that 'Ubidah bin Al-Simit said: "On the day of Hunain the Messenger of Allil~@ took a hair from the side of a camel and said: '0 you people, it is not permissible for me to take even the equivalent of this from the Fay' that f& -, 3 'J& , Allih has bestowed upon you, excepttheKhumus, and the&urnus c&!+gl will come back to you."' (Salzi!~) 6, .-, f k-=-(-2 3% $1 AbG 'Abdur-Rabin (An-NasY?) said: AbO Sallim's name is M a m t ~ !>hi &$ 6)) : j6

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The Book Of The Distribution

spent on cavalry and weapons, equipment for the cause of Allih." (Salzi!~)

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The Book Of The Distribution... 100

4147. It was narrated that 'At2 said

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4148. It was narrated that Qais bin Muslim said: "1 asked Al-Hasan bin Muhammad ahout the saying of Allih, the Mighty and sublime: 'And know that whatever of spoils of war that you may gain, verily, one-fifth of it is assigned to Allih.'IZ1 He said: 'This is the key to the Speech of All& This world and the Hereafter belong to Allih.' He said: 'They differed concerning these two shares after the death of the Messenger of AUih g,the share of the Messenger and the share of the near relatives (of the Messenger of All31 g). Some said that the share of the near relatives

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The Book Of The Distribution... 105

4153. It was narrated that Milik bin Aws bin Al-Hada&in said: "AI-'AbbL and 'Ali came to 'Umar with a dispute. Al-'Abb2s said: 'Pass judgment between him and I.' The people said: 'Pass judginent between them.' 'Uinar said: 'I will not pass judginent between them. They know that the Messenger of Allih @ said: We are not inherited from, what we leave behind is charity. He said: And (in his narration of it) Az-Zuhri said: 'It (the KAunzus) was under the control of the Messenger of All&li @, and lie took provision for himself and for h i s family from it, and disposed of the irest of it ;IS lie disposed o f o t l i c r \vc;~ltli (belonging 111 tlic Mil\li~n\)..l'lic~i Abt B:IIi1 ILiLr. and I did \\.it11 i t \\h:11 Iic il\cii 10

do. Then these

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Comments: The view of 'Umar & was that if it is distributed, it would create an impression that perhaps it is their property (particularly so when it is distributed according to the laws of inheritance). While this portrayal is not correct, 'I do not distribute it so that you may both organize it together. If they are not able to do so, it should be handed over to me. I would myself continue to look after it.' Sahi!~Al-Bu@Bi? (see No. 3094) contains a detailed clarification regarding this.

The Book Of AI-Bay'ah

39. The Book Of AlBay 'ah (Oath Of Allegiance)

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108

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Comments: Bay'at is derived from the root Bny'o, which signifies conclusion of a bargain. While concluding a bargain or making the contract of sale and purchase, generally, the parties hold each other's hand, or they say one smacks his hand on the other's hand. From the angle of this correlation, pledge of allegiance or making a covenant is also ciilled Bny'nh. B[1yzoh is in reality a contract or covenant. The custom of taking an oath of allegiance existed even before the advent of Islam. Different kinds of pledges or oaths were taken by the Messenger of Allih .a: The pledge of allegiance at the time of accepting Islam, the pledge of allegiance at the time of going for Jihad; allegiance conceming the commandments and prohibitions of the Shnr'iah or the Divine law, and perhaps this is the same as the first, while the different types are forthcoming. The pledge was also given to the galifah a£ter the Prophet &. The pledge of allegiance for Jihad also remained established, which was generally taken by the military chief or commander, but it was very rare. The pledge of allegiance sworn at the time of embracing Islam and the pledge of allegiance for obedience (adherence to the commandments and prohibitions of the Divine law) ceased. It seems the Companions of the Prophet j g considered these two pledges specific to the Messenger of Allah g.Though this thiig is not explicitly proved from the Companions of the Prophet @, but their action or customary practice provides evidence. It is, therefore, superior that one should refrain from practicing these two kinds of pledges (the pledge of allegiance of Islam and the pledge of obedience). However, the pledge for Jihad and the pledge of allegiance conceming the ruler12' are legitimate and still valid. The chain allegiance, however, taken by the z a i k h or the spiritual mentor, when someone desires to become his disciple (miiid or the seeker), is an innovation. Thereupon they think that the disciple has now entered their order; for instance, the Cbistiyyah Order, the Naqshbandiyyah Order, etc. This kind of pledge of allegiance is purely a human invention. No evidence or proof is available to support it in the lives of the noble Companions, the mighty successors, the leaders of religion, the traditionists, and the jurists.

Some manuscripts have: "From Al-M~tjtaba." The meaning in Sunan AI-Kubra of this section appears in a different location. 12' Meaning, the Muslim ruler of the land.

The Book Of Al-Bay'ah

109

Chapter 1. Pledging To Hear And Obey

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4154. It was narrated that 'Ubidah bin & - S h i t said: "We pledged to the Messenger of Allih 9% to hear and obey, both in times ofease and hardship, when we felt energetic and when we felt tired, that we would not contend with the orders of whomever was entrusted with it, that we would stand firm in the way of truth wherever we may be, and that we would not fear the blame of the blamers." (Sahi!i)

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4155. It was narrated that 'Ubidah bin As-Simit said: "We pledged to the Messenger of Allih g to hear and obey, both in times of hardship and ease." And he mentioned similarly. (Salzih)

Chapter 2. Pledging Not To Contend With The Orders Of Those In Authority

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4 1 6 7 . I t \?;IS n a r r a t e d f r o m . U h i ~ d : ~hin l ~ As-Simit that the Mcsscngc~-of Allill $ : said: "Why don't you lplcdgc lo me upon that which the women have pledged: T1i;lt you will n o t associate ;inytI~i~ig with Allih, that you will not steal, that you will not have unlawful sexual relations, that you will not utter slander, fabricating from between your hands and feet, and that you will not disobey me in goodness (Mu'rCf)?'' W e said: "Yes, 0 Messenger of Allih." So we gave him our pledge, on that basis. The Messenger of Allih g said: "Whoever commits any of these actions after that, aid is punished, that will be an expiation. Whoever is not punished, then his affair is up to All5h; if He wills, He will forgive him, and if H e wills, He will puIlisl~him." (Sattilt) .*UI &.dl &I3

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eradicate the sin which was committed. It would not be questioned about by Allih, Most High.

Chapter 10. Pledging To Emigrate (Al-Hgrah)

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4168. I t was n a r r a t e d from 'Abdullih bin 'Amr that a man

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Chapter 11. The Importance Of Emigration (Hgrah)

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4169. It was narrated from AbO

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Sa'eed that a Bedouin asked the Messenger % about - of All& .=emigration (Hijrah). He said: "Woe to you, emigration is very important. Do you have any camels?" He said: "Yes. He said: "Do you pay Sadaqnh on them?" He said: 'Yes." He said: "Do righteous deeds no matter how far awayr1] you a r e from the Muslims, for AU&, the Mighty and

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Chapter 12. Emigration (Hijrah) Of A Bedouin

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The Book Of A-Bay'ah

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Chapter 13. The Explanation Of Emigration (Hgrah) 4171. It was narrated that Jibir bin Zaid said: "Ibn 'AbbL said: 'The Messenwr of AllSh a,Abfi Bakr and 'Umar were among the Mzlhirjifin (emigrants), because they forsook (Hajam) the idolators, and some of the Ansirr were Mzlhirjiinin because Al-Madhah was a land of @irk, a n d they came t o the Messenger of All* @ on the Night of Al-'Aqahah."' (Hasan)

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4176. It was narrated that Nu'aim bin Dijijah said: "I heard 'Umar bin Al-Khan2b say: 'There is no more emigration (Hjrah) after the death of the Messenger of All31 g."' (S~hth)

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Chapter 16. Pledge To Obey Whether One Likes It Or Not 4179. Jarir said: "I came to the Prophet g and said to him: 'I pledge to you to hear and obey in what I like and what I dislike.' The Prophet g said: 'Can you do that, 0 Jarir,' or, 'Are you able for that? He said: Say: As much as I

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can.' So he accepted my pledge (for that), and that I be sincere toward every Muslim." (Sav&)

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3 ',12 &

Chapter 17. Pledging To Forsake The Idolaters

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4185. It was narrated that Umm

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4186. I t was n a r r a t e d t h a t Umairnah bint Ruqaiqah said: "I came to the Prophet g with some other Ansitr? women to give our pledge. We said: '0 Messenger of Allah, we give you our pledge that we will not associate anything with All&, we will not steal, we will not have unlawful sexual relations, we will not utter slander, fabricating

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I was a child, but he did not accept my pledge." (Sahih)

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Chapter 21. The Pledge Of Slaves

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The Book Of Al-Bay'alz Madinah. So he came to the Messenger of Allih +g and said: "0 Messenger of All211, cancel my pledge," but he refused. Then he came to him again and said: "Cancel my pledge," but he refused. Then the Bedouin left (AlMadinah) and the Messenger of Allih g said: "Al-Madinah is like the bellows; it expels its dross and brightens its good." (Sa!zi!z)

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. ..

Chapter 23. Returning To The Desert Life After Having Emigrated

4191. It was narrated from Salamah bin Al-&a' that he entered upon Al-Hajjij who said: "0 son of Alh a ' , you have turned on your heels (i.e., deserted Islam) by staying in the desert with the Bedouins." H e said: "No; the Messenger of Allill g gave me permission to stay in the desert with the Bedouins." (Sahih)

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5105. But Salamah was particularly exempt from this matter, and in similar cases when Fimah erupts. See No. 5039 and Al-Buk&Cm^'s 7088, who narrated these in the same chapter. L+ (Y 2 Chapter 24. Pledging To Do Much As One Can ( Y t &.dl) LLdyl

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The Book Of Al-Bay'ah Ummah of yours, soundness (of religious commitment) has been placed in its earlier generations, and the last of themwill be afflictedwith calamities and things that you dislike. Then there will come tribulations which will make the earlier ones Dale into insignificance, and the believer will say: This will be the end of me, then relief will come. Then (more) tribulations will come and the be1ieverwillsay:Thiswillbe the end of me, then relief will come. Whoever would like to be taken far away from the Fire and admitted to Paradise, let him die believing in AUih and the Last Day, and let him treat people as he would like to be treated. Whoever pledges to a ruler and gives him the grasp of his hand and the sincerity of his heart, then let him obey him as much as he can, and if another comes and challenges him, let them strike the neck of (i.e., kill) the second one."' He said: "I drew near to him and said: 'Did you hear the Messenger of All% g say that? He said: 'Yes,' and quoted the Had;& without interruption (in the chain)." (Sahih) \At&:c

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Chapter 27. Encouragement To Obey The Z1n2m

4198. AbG Hurairah said: "The Messenger of Allih @ said: 'Whoever obeys me, obeys Allih, and whoever disobeys me, disobeys Allih. Whoever obeys my governor (Anzir), he has obeyed me, and whoever disobeys my governor, he has disobeyed me."' (Sa!zi!z)

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Chapter 28. The Saying Of Allih, The Most High: "And those of you (Muslims) who are in authority""' 4199. It was narrated from Ihn

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4200. It was narrated from Mu';& bin Jabal that the Messenger of All& g said: "Military camp-s areof&otypes:Ashtheokwho seeks the Face of AU$h, obeys the imcim, spends what is precious and avoids mischief, whether he is asleep or awake, he is earning reward. But as for the one who fights in order to show off and gain a reputation, and disobeys the imrim and spreads

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said: 'To Allgh, to His Book, to His Messenger, to the imrims of the Muslims, and to their common folk."' (Sahih)

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Chapter 32. The Inner Circle Of The Imam 4206. It was narrated that AbC Hurairah said: "The Messenger of Allih @ said: 'No ruler is appointed but he has two groups of advisers: A group which urges him to do good and tells him not to do evil, and a group which does its best to corrupt

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him. Whoever is protected from their evil is indeed protected. And he (the ruler) belongs to the group that has the greater influence over him." (&hih)

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4207. It was narrated from AbCl Sa'eed that the Messenger of Allih g said; ''All& never sends a prophet or appoints a&alifnh but he has two groups of advisers: A group that teUs him to do good and a group that tells him to do evil and urges him to do it. And the one who is truly protected is the one who is protected by All&, the Mighty and Sublime." (Sahih)

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The Book Of Al-'Aqiqala

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is female is an agreed upon matter; there is no vagueness in it. In the matter of inheiitance also, there is a difference in the matter of male and fernale heirs.

4218. I t was n a r r a t e d f r o m

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4220. It was narrated from Umm

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The Book Of Al-LAqiqah

4226. It was narrated from Habib bin Ass-&ahid: "Muhammad bin Snsaid to me: 'Ask ,+,]-@asan (Al-Basri) from whom he heard this Hadith about the Xqtqah.' I asked himaabout that and he said: 'I heard it from Samurah."' (Hasan)

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family to offer a sacrifice (U&jah) and an Xtfrah each year."' (One of the narrators) Mu'& said: 'Ton 'Awn used to offer slaughter the X h h , and I saw that with my own eyes during Rajab." (Da'if)

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The Book OfAl-Fara1AndA6'Mrah 149 the 'Atiralz?" He said: "The 'Atiralz is a duty."['] (Hasan) Abii 'Abdur-Rahmin (An-Nasfi) said: A b t 'Ali Al-Hanafi (one of the narrators); they are four brothers: One of them is Abt Bakr, and &&r, and S a r i k , and the other. j.

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4231. It was narrated that Yahya bin ZurArah bin Karim him Al-H2rit& bin 'Amr Al-BAhiE - said: "I heard my father say, that he beard his randf father Al-Hirith bin 'Amr, narrate that he met theP~essenger of All211 & during the Farewell Pilmimage. .z " , when he was a t o ~his slit-eared camel. (He said): 'Isaid: 0 Messenger of Allih, May my father and mother be ransomed for you; pray for forgiveness for me. He said: May All2h forgive you (plural). Then I came to him from the other side, h o p i n g t h a t h e w o u l d supplicate just for me alone, and not them. I said: 0 Messenger of AllAh, pray for forgiveness for me. He said: May Allih forgive you (plural). Then a man among the people said: 0 Messenger of Allih, (what about) the 'Atiruh and Fara'? H e said: Whoever wishes to offer an 'Aiirah may do so, and whoever does not wish to, may not. Whoever wishes to offer a Fara' may do so, and whoever '1

See the previous footnote.

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The BookOfAl-Fara'AndAG'Wrah

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does not wish to, may not. And with regard to sheep, a sacrifice should be offered. And he clasped between his fingers except for one."' (Hasan)

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4232. Yahya bin Zurfirah AsSahmi said: "My father narrated to me from his mindfather, Al-Hirith bin ' A m r t h a t h e 'met' t h e Messenger of All20 % during the Farewell Pilgrimage and said: 'May my father and mother be sacrificed for you! 0 Messenger of All&, pray for forgiveness for me.' He said: 'May Allfih forgive you (plural).' He was atop his slit-eared camel and I came around to the other side"' and he quoted the Had&&. (Hasan)

Chapter 2. The Explanation Of 'Afiah 4233. I t was n a r r a t e d t h a t

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Nubai&ah said: "It was said to the Prophet g :'During the Jfihiliwah we "sed t o offer the ~ t i r . h . ' - ~ e said: 'Slaughter for the sake of Allih. the Mightv - , and Sublime. no s,, matter what month it is; do good for 2 &-, 9 the sake of Allfih, the Mighty and i ,, ]I

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4236. I t was n a r r a t e d t h a t Nubaishah said: "A man called out to the Prophet @ and said: 'We used to sacrifice the Xtirah - i.e., during the Jirhiljyah - in Rajab; what do you command us to do?' He said: 'Sacrifice, whatever month it is, do good for the sake of All&, the Mighty and Sublime, and feed (the poor).' He said: 'We used to sacrifice the Fara' during- the Jirhilhah; what do you command us to do? He said: 'For every flock of grazing animals, feed the firstborn as you feed the rest of

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The Book Of Al-Fara‘ AndAl-‘Atirah

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your flock until it reaches an age where it could be used to cany loads, then sacrifice it, and give its meat in charity, for that is good."' (Saliih)

4237. I t was n a r r a t e d t h a t Nubaishah Al-Huaaili said: "A man said: '0 Messenger - of Allih, we used to sacrifice the 'Atirah during the Jihiliyyah in Rajab; what doyoucommandustodo?'He said: 'Sacrifice to AllAh, the Mighty and Sublime, whatever month it is, do good for the sake of Allih, the Mighty and Sublime, and feed (the poor)."' (Salzih)

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The Book OfAl-Fara‘AndAl-‘Afimh

154

Chapter 4. The Skin Of Dead Animals (Those Not Slaughtered Or Killed

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4240. It was narrated that Ibn 'Abbis said: "The Messenger of AU2h g passed by a dead sheep that he had given to a freed slave woman of Maimkah, the wife of the Prophet g. He said: 'Why don't you make use of its hide?' They said: '0 Messenger of M a , it is dead meat.' The Messenger of Allih @ said: 'It is only forbidden to eat it."' (Sahih)

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had come from the Sadaqah." He said: "Why don't you take off its hide and make use of it?" They said: "It is dead meat." He said: "It is only unlawhl to eat it." (Sahill)

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The Book OfALFara'AndAGLfiah

160

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4256. I t was n a r r a t e d t h a t 'Abdull& bin 'Ukaim said: "The Messenger of All& g wrote to Juhainah: 'Do not make use of the skin and sinew of dead animals."' (Hasan) AbO 'Abdur-R&b (AnNasi'i) said: The most correct about this topic, regarding the skins of the dead animal when it is tanned, is the narration of AzZuhri, from 'Ubaidullih bin 'AbdulI&, from Ibn 'Abbb, from MaimOnah, and Allih knows best!']

Chapter 6. Concession Allowing Use Of The Hides Of Dead Animals If They Have Been Tamed

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The Book Of Al-Fara1AndA6%tirah 161

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Chapter 8. The Prohibition Of Using The Fat Of Dead Animals MI-Maitah)

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4261. It was narrated from Jibir bin 'Abdullih that, during the year of the Conquest, while he was in Makkah, he- heard the Messenger of All* g say: "All*, the Mighty and Sublime. and His Messeneer have forbiddln the sale of alcogol, dead meat, pigs and idols." It was said to him: " 0 Messenger of All&, what do you think of the fat of dead animals, for it is used to caulk ships, it is daubed on animal skins, and people use it to light their lamps?" He said: "No, it is unlawful." Then the Messenger of All* g said: "May Allih, the Miehtv and Sublime, curse the .Jews, for AU2.h forbade them the fat (of dead animals) but they rendered it, sold it and consumed its price." (Sahib) 'ZLWI &CLx,, Y Y Y T : ~++=VI, +I

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4262. It was narrated that Ibn 'AbbL said: "It reached 'Umar that Samurah had sold some wine, and he said: 'May Allih ruin Samurah! Does he not know that the Messenger of AUih #g said: May Allih curse the Jews, for animal fat was forbidden to them, but they rendered it. Sufyan (one

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Chapter 4. Hunting With A Dog That Has Not Been Trained

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4271. AbCl Da'labah A l - ~ u s & a d said: "I said: '0 Messenger of Allih, we live in a land where people hunt, and I hunt with my bow and with my trained dog, and with my dog which is not trained.' He said: 'Whatever you catch with your bow, mention the name of Allih over it and eat. Whatever you catch with the trained dog, mention the name of All& over it and eat. Whatever yon catch with your untrained dog and you reach it while it is still alive, then slaughter it, and eat."' (Sahib)

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trained dogs and they catch (game) for me; can I eat it?' He said: 'When you release your trained dogs and they catch (game) for vou. then eat.' I said: 'Even if they kill 'it?' He said: 'Even if they lull it.' He said: 'So long as no other dogs have joined them.' I said: 'I shoot with the Mi'ltid and they penetrate (the game).' He said: 'If they penetrate it, then eat, but if the broad side strikes it, then do not eat.'" (Sa!zi!z)

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bin H i t i m that he asked tlie Messenger of All2h s ahout hunting and he said: "If you release your dog and other dogs over which you have not mentioned lhc name of Allill join him, then do not eat (what they catch), hccausc you do not know which 01' thcm lulled it (the game)." (Sa!zi!~) ?-I:;.

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Chapter 6. If He Finds Another Dog With His Dog Over Which He Did Not Mention The Name Of Allih 4273. It was narrated from 'Adiw

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hunting with the Mi'rid. He said: 'Whatever is struck with the sham edge, eat, and whatever is hit with its broad side, it is an animal killed by a blow."' He said: "And I asked him about hunting dogs. He said: 'If you release your dog and mention the name of AUih over it. then eat.' I said: 'Even if he kills it? He said: 'Even if he kills it. But if he has eaten some of it, then do not eat. And if you find another dog with your dog and he has killed (the game), then do not eat, for you only said the name of All81 over your dog, not over any other."' ( M i h )

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The Book Of Hunting...

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Chapter 11. The Abstinence Of The Angels From Entering A House In Which There Is A Dog 4286. It was narrated from 'Ali bin Abi Tilib that the Prophet @ , said: "The angels do not enter a house in which there is a picture, a dog or a person who is Jurzub." (Hasan)

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bin 'Abdull2h that his father said: "The Messenger of Allill said: 'Whoever keeps a dog except a dog for herding livestock or a dog for hunting, one Q?r$ will be deducted from his reward each day."' 'Abdull2h said: "Abii Hurairah said: 'Or a dog for farming."' (SaIti!~)

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Chapter 15. The Prohibition Of The Price Of A Dog

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price of a dog, the giff of a female fornicator[" and the fees of a fortuneteller." (Sahih)

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Comments: 1. According to the dominant majority of the people of knowledge, buying and selling of dogs is forbidden, irrespective of whether keeping it is permissible or not permissible. 2. 'The earnings of a prostitute', because adultery is a crime, an enormity. Therefore, its earning is also unlawful. And this is an agreed upon matter. 3. 'The fees of a fortuneteller': mhin signifies one who predicts the future. They used to have connections with jinn or genii and devils. Henffi, they used to misguide people. Since such a vocation is forbidden, its earnings are also forbidden. And Hz~lwiin,translated as fees, refers to gifts or bnies as well.

4298. Abt? Hurairah said: "The

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4301. It was narrated from 'Amr bin Su'aib, from his father, from his grandfather, that a man came to the Prophet g and said: "0 Messenger of AUih, I have trained dogs; advise me concerning them." He said: "Whatever your dogs catch for you, eat," I said: "Even if they kill it?" He said: "Even if they

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The Book Of Hunting

kill it." He said: "Advise me about mv bow." He said: "Whatever vour arrow returns to you, eat." He said: He said: "Even if it gets away from you, so long as you do not find the mark of an arrow other than yours on it, or you find that it has gone rotten." (Another chain). (&sun)

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4302. It was narrated that Rifi' bin KJadij said: "While we were with the Messenger of All* g,at mul-Hulaifah in Tih?tmah, they acquired some camels and sheep (as spoils of war). The Messenger of All* $g was among the last of the people, and the first of them hastened to slaughter (the animals) and set up pots (for cooking the meat). The Messenger of AU& @ came and ordered that the pots be overturned, then he divided it making ten sheep equivalent to one camel. While they were like that, a camel ran away. The people had only a few horses, so they went

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after it and it got away from them. 36 < % I + ;hJ * oL+ , ,,: A man shot an arrow at it and stopped it. The Messenger of Allih &I;! 5 L ~:& ~ 41 jg; $gsaid: 'Some of these animals are b ' ,& untamed like wild animals, so if , ; &I $I$ one of them goes out of your . (1 ILG control, do the same."' (Sa?zilz) JL, &I Y! pIi &i L JL eiJ jl- -4 l J ~ V ~ &.LC2 YY/\q7A:c 4rWl ' , A 1 L 2 "4 I ciiJL+J1j C& 2 . l A Q 9 : t c&)-EJl +$ ' a , jJ+;r: + &-LC- 3 Y L A A : e

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The root of the matter is that the domestic animals should be slaughtered at the throat, after overpowering them, small animals after laying them on their sides on the ground and the camel should be slaughtered while in its standing posture, having one of its knees tied down. Domestic animals may not be slaughtered like game by shooting them arrows, because it is not certain where the al-row would strike them. But since wild animals cannot be overpowered by men easily, they must be shot with arrows or the like, having mentioned the name of Allih or Bismill~?h.I1 matters not, where they are hit. When they become weak because of loss of blood, they should be caught and slaughtered. But even if they fall dead due to the bleeding caused by the arrow, there is no harm in eating them. ,

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4303. It was narrated that 'Adiyy

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4304. It was narrated from 'Adiyy bin H i t i m that he asked the Messenger of All& g about hunting and he said: "When you release your arrow or your dog, mentioned the name of All&, and when your arrow kills (the game), then eat.33H~ said: "mat if it gets away from me for a night, 0 Messenger of All&?" He said: "If you find your arrow, and you do not find the mark of anything else, then eat it. But if it falls into the water, do not eat it." (&hih)

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4305. It was narrated that 'Adiyy bin H i t i m said: "I said: ' 0 Messenger of Allih, we are a people who hunt, and one of us may shoot his arrow hut (the game) gets away from him for a night or two. What if he follows its tracks, and finds it dead with his arrow in

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4319. I t was narrated from Ibn 'Umar that the Messenger of All&

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It is a lizard which grows to be of a foot length or longer. They are not the same as the gecko for which there are orders, or encouragement, to idu. Its scientific name is Uromastyx.

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4320. It was narrated from Ibn ' U m a r t h a t a m a n said: "0 Messenger of Allill, what do you tllinlcabout mastigures?" He said: "I do not eat them but I do not say that they are Hariinz." (Saliili)

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4321. It was narrated from a i l i d bin Al-WaEd that a grilled mastigure was brought to the Messenger of Allih g and was placed near to him. He reached out his hand to eat it, and someone who was present said: "0Messenger of AUih, it is the meat of a mastigure." He withdrew his hand and m i l i d bin Al-Walid said to him: "0 Messenger of Allih, is mastigure Hariinz?" He said: "No, but it is not found in the land of my people, and I find it distasteful." He said: "Then =$lid bent over the mastigure and ate some of it, and the Messenger of Allih was looking at him." (Saliih)

4322. It was narrated from Ibn 'Abbis that a i l i d bin Al-WaEd said that he entered upon Maimtnah bint Al-Hiria, who was his maternal

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aunt, with the Messenger of AUih g, $6 S i :+-I, : c , s sG \ 2, &L and some meat of a mastiwe was . .. offered to the Messenger of All& &I d$; $'2 :>-:' 0 ~ &$I 1 21 @. The Messenger of All& @ '#>, , would not eat anything until he 93 2 4 % knew what it was. o n e of the women 5 g; $31;;4 Ji said: "Why don't you tell the Messenger of Alla @ what he is ,T g $31 c ,$ ,E eating?" So she told him that it was 2+ I : J6 the meat of a mastigure, and he ;;J ,fZ : , stopped eating.KJ2lid said: "I asked e l 6y-U G % $1 the Messenger of All& g:'Is it j&; dbe, :++ j6 35 % Harrim? He said: 'No, but it is a food that is not known the land of 2 3' $, :Ji B$ ~ I S I my people, and I find it distasteful."' j6 &f .LE Khilid said: "I pulled it over toward ; 4;":@f < myself and ate it, and the Messenger @ +,I 2 4 ; ; J&E J G of AU& g was watching me." And , , , GB >:s,, 2 5 ~ sZF?>*, j* r G y l 316 b 9 Ibn At-Asamm narrated it from aimf fin ah, and h e was in her .G k apartment. (Wih)

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4326. It was narrated that n?tbit bin WadYah said: "A man brought a mastigure to the Messenger of All81 @$ and he started looking at it, and turning it over. He said: 'A nation was transformed, it is not known what they did, and I do not know if this is one of them."'

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Comments: From the Traditions occurring under this chapter, it is clearly evident that the Dhabb is lawful. It could be eaten without any doubt or suspicion. Allih's Messenger g was, however, not inclined toward it.

Chapter 27. Hyenas 4328. It was narrated that Ibn Abi 'Ammi% said: "I asked Jibu bin 'Abdulla about hyenas and he told me to eat them. I said: 'Are they game (that can be hunted)?' He said: 'Yes.' I said: 'Did you hear that from the Messenger of All31 g?' He said: 'Yes."' (Sahih)

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and tied or con£ined in such a way that it may not run away; then it is killed tortuously by pelting stones at it or shooting mows. This method, besides being tyrannical, is contrary to the principles of slaughtering and hunting.

Chapter 29. Permission To Eat Horse Meat

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4332. It was narrated that Jgbu said: "On the Day of a a i b a r , the

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Comments:

4337. It was narrated from a i l i d bin Al-Walid that the Messenger of All8h forbade eating the flesh of horses, mules and donkeys, and any predator that has fangs. (Da'if)

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4339. It was narrated from Al-

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