Référencé par
54 entrant▸
Yahya related to me from Malik from Zayd ibn Aslam from Abu Salih
as-Samman from Abu Hurayra that the Messenger of Allah, may Allah
bless him and grant him peace, said, "Horses are a reward for one man,
a protection for another, a burden for another. The one who has them
as a reward is the one who dedicates them for use in the way of Allah,
and tethers them in a meadow or grassland. Whatever the horse enjoys
of the grassland or meadow in the length of its tether are good deeds
for him. If it breaks its tether and goes over a hillock or two, its
tracks and droppings are good deeds for him. If it crosses a river and
drinks from it while he did not mean to allow it to drink it, that
counts as good deeds for him, and the horse is a reward for him.
Another man uses his horse to gain self reliance and up-
standingness and does not forget Allah's right on their necks and
backs (i.e. he does not ill treat or over-work them). Horses are a
protection for him .
Another man uses them out of pride to
show them off and in hostility to the people of Islam. They are a
burden on that man."
The Messenger of Allah, may Allah bless
him and grant him peace, was asked about donkeys, and he said,
"Nothing has been revealed to me about them except this single all-
inclusive ayat, 'Whoever does an atom of good will see it, and whoever
does an atom of evil, will see it.' " (Sura 99 Ayats 7,8) .
Yahya related to me from Malik that it reached him that a slave
of Abdullah ibn Umar escaped and one of his horses wandered off, and
the idol worshippers seized them. Then the Muslims recaptured them,
and they were returned to Abdullah ibn Umar, before the division of
the spoils took place.
I heard Malik say about muslim
property that had been seized by the enemy, "If it is noticed before
the distribution, then it is returned to itsowner. Whatever has
already been distributed is not returned to anyone."
Malik,
when asked about a man whose young male slave was taken by the idol
worshippers and then the Muslims re-captured him, said, "The owner is
more entitled to him without having to pay his price or value or
having to incur any loss before the distribution takes place. If the
distribution has already taken place then I think that the slave
belongs to his master for his price if the master wants him back."
Regarding an umm walad of a Muslim man who has been taken by
the idol worshippers and then recaptured by the Muslims and allotted
in the distribution of spoils and then recognised by her master after
the distribution, Malik said, "She is not to be enslaved. I think that
the Imam should pay a ransom for her for her master. If he does not
do it, then her master must pay a ransom for her and not leave her. I
do not think that she should be made a slave by whoever takes her and
intercourse with her is not halal. She is in the position of a free
woman because her master would be required to pay compensation if she
injured somebody and so she is in the same position (as a wife). He
must not leave the mother of his son to be enslaved nor may
intercourse with her be made halal."
Malik was asked about a
man who went to enemy territory to pay ransom or to trade, and he
bought a free man or a slave, or they were given to him. He said, "As
for the free man, the price he buys him for is a debt against the man
and he is not made a slave. If the captive is given to him freely, he
is free and owes nothing unless the man gave something in recompense
for him. That is a debt against the free man, the same as if a ransom
had been paid for him. As for a slave, his former master can choose to
take him back and pay his price to the man who bought him or he can
choose to leave him, as he wishes. If he was given to the man, the
former master is more entitled to him, and he owes nothing for him
unless the man gave something for him in recompense. Whatever he gave
for him is a loss against the master if he wants him back."
Yahya related to me from Malik that Yahya ibn Said said, "On the
Day of Uhud, The Messenger of Allah, may Allah bless him and grant him
peace, said, 'Who will bring me news of Sad ibn al-Rabi al-Ansari?' a
man said, 'Me, Messenger of Allah!' So the man went around among the
slain, and Sad ibn al-Rabi said to him, 'What are you doing?' The man
said to him, 'The Messenger of Allah, may Allah bless him and grant
him peace, sent me to bring him news of you.' He said, 'Go to him, and
give him my greetings, and tell him that I have been stabbed twelve
times, and am mortally wounded. Tell your people that they will have
no excuse with Allah if the Messenger of Allah, may Allah bless him
and grant him peace, is slain while one of them is still alive.' "
Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from
Abu'l-Ghayth Salim, the mawla of ibn Muti that Abu Hurayra said, "We
went out with the Messenger of Allah, may Allah bless him and grant
him peace, in the yearof Khaybar. We did not capture any gold or
silver except for personal effects, clothes, and baggage. Rifaa ibn
Zayd presented a black slave boy to the Messenger of Allah, may Allah
bless him and grant him peace, whose name was Midam. The Messenger of
Allah, may Allah bless him and grant him peace, made for Wadi'l-Qura,
and when he arrived there, Midam was unsaddling the camel of the
Messenger of Allah, may Allah bless him and grant him peace, when a
stray arrow struck and killed him. The people said, 'Good luck to him!
The Garden!' The Messenger of Allah said, 'No! By He in whose hand my
self is! The cloak which he took from the spoils on the Day of Khaybar
before they were distributed will blaze with fire on him.' When the
people heard that, a man brought a sandal-strap or two sandal-straps
to the Messenger of Allah, may Allah bless him and grant him peace.
The Messenger of Allah, may Allah bless him and grant him peace, said,
'A sandal-strap or two sandal-straps of fire!' "
Yahya related to me from Malik from Yahya ibn Said from Muhammad
ibn Yahya ibn Habban from Ibn Abi Amra that Zayd ibn Khalid al-Juhani
said, "A man died on the day of Hunayn, and they mentioned him to the
Messenger of Allah, may Allah bless him and grant him peace." Zayd
claimed that the Messenger of Allah, may Allah bless him and grant him
peace, said, "You pray over your companion." (i.e. he would not pray
himself). The people's faces dropped at that. Zayd claimed that the
Messenger of Allah, may Allah bless him and grant him peace, said,
"Your companion stole from the spoils taken in the way of Allah." Zayd
said, "So we opened up his baggage and found some Jews' beads worth
about two dirhams."
Yahya related to me from Malik from a man of Kufa that Umar ibn
al-Khattab wrote to a lieutenant of an army which he had sent out, "I
have heard that it is the habit of some of your men to chase an
unbeliever till he takes refuge in a high place. Then one man tells
him in Persian not to be afraid, and when he comes up to him, he kills
him. By He in whose hand my self is, if I knew someone who had done
that, I would strike off his head."
Yahya said, I heard Malik
say, "This tradition is not unanimously agreed upon, so one does not
act on it."
Malik when asked whether safe conduct promised by
gesture had the same status as that promised by speech, said, "Yes. I
think that one can request an army not to kill someone by gesturing
for safe conduct, because as far as I am concerned, gesture has the
same status as speech. I have heard that Abdullah ibn Abbas said,
'There is no people who betray a pledge, but that Allah gives their
enemies power over them.' "
Yahya related to me from Malik from Yahya ibn Said from Amr ibn
Kathir ibn Aflah from Abu Muhammad, the mawla of Abu Qatada that Abu
Qatada ibn Ribi said, "We went out with the Messenger of Allah, may
Allah bless him and grant him peace, in the year of Hunayn. When the
armies met, the Muslims were put in disarray. I saw a man from the
idol worshippers who had got the better of one of the Muslims, so I
circled round and came up behind him, and struck him with a sword on
his shoulder-blade. He turned to me and grabbed me so hard that I felt
the smell of death in it. Then death overcame him, and he let go of
me."
He continued, "I met Umar ibn al-Khattab and said to
him, 'What's going on with the people?' He replied, 'The Command of
Allah.' Then the people took hold of the battle and the Messenger of
Allah, may Allah bless him and grant him peace, said, 'Whoever has
killed one of the dead and can prove it, can strip him of his personal
effects.' I stood up and said, 'Who will testify for me?' and then I
sat down. The Messenger of Allah repeated, 'Whoever has killed one of
the dead and can prove it, can strip him of his personal effects.' I
stood up and said, 'Who will testify for me?' then I sat down. Then he
repeated his statement a third time, so I stood up, and the Messenger
of Allah, may Allah bless him and grant him peace, said, 'What's the
matter with you, Abu Qatada?' So I related my story to him. A man
said, 'He has spoken the truth, Messenger of Allah. I have the effects
of that slain person with me, so give him compensation for it,
Messenger of Allah.'
Abu Bakr said, 'No, by Allah! He did not
intend that one of the lions of Allah should fight for Allah and His
Messenger and then give you his spoils.' The Messenger of Allah, may
Allah bless him and grant him peace, said, 'He has spoken the truth,
hand it over to him.' He gave it to me, and I sold the breast-plate
and I bought a garden in the area of the Banu Salima with the money.
It was my first property, and I acquired it in Islam."
Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi
Talha that Anas ibn Malik had said that when the Messenger of Allah,
may Allah bless him and grant him peace, went to Quba, he visited Umm
Haram bint Milhan and she fed him. Umm Haram was the wife of Ubada ibn
as-Samit. One day the Messenger of Allah, may Allah bless him and
grant him peace, had called on her and she had fed him, and sat down
to delouse his hair. The Messenger of Allah, may Allah bless him and
grant him peace, had dozed and woke up smiling. Umm Haram said, "What
is making you smile, Messenger of Allah?" He said, "Some of my
community were presented to me, raiding in the way of Allah. They were
riding in the middle of the sea, kings on thrones, or like kings on
thrones." (Ishaq wasn't sure). She said, "O Messenger of Allah! Ask
Allah to put me among them!" So he had made a dua for her, and put his
head down and slept. Then he had woken up smiling, and she said to
him, "Messenger of Allah, why are you smiling?" He said, "Some of my
community were presented to me, raiding in the way of Allah. They were
kings on thrones or like kings on thrones," as he had said in the
first one. She said, "O Messenger of Allah! Ask Allah to put me among
them!" He said, "You are among the first."
Ishaq added, "She
travelled on the sea in the time of Muawiya, and when she landed, she
was thrown from her mount and killed."
Yahya related to me from Malik from Yahya ibn Said that Said ibn
al-Musayyab used to say, "When a man is given something to use in a
military expedition, and he brings it to the battlefield, it is his."
Malik was asked about a man who pledged himself to go on a
military campaign, equipped himself,and when he wanted to go out, one
or both of his parents prevented him. He said, "He should not
contradict them. Let him put it off for another year. As for the
equipment, I think that he should store it until he needs it. If he
fears that it will spoil, let him sell it and keep its price so that
he can readily buy what is needed fora military expedition. If he is
well-to-do, he will find the like of his equipment when he goes out,
so let him do what he likes with his equipment."
Yahya related to me from Malik from Abu'n-Nadr, the mawla of Umar
ibn Ubaydullah that he had heard that the Messenger of Allah, may
Allah bless him and grant him peace, said over the martyrs of Uhud, "I
testify for them." Abu Bakr as-Siddiq said, "Messenger of Allah! Are
we not their brothers? We entered Islam as they entered Islam and we
did jihad as they did jihad." The Messenger of Allah, may Allah bless
him and grant him peace, said, "Yes, but I do not know what you will
do after me." Abu Bakr wept profusely and said, "Are we really going
to out-live you!"
Yahya related to me from Malik from Humayd at-Tawil from Anas ibn
Malik that when the Messenger of Allah, may Allah bless him and grant
him peace, went out to Khaybar, he arrived there at night, and when he
came upon a people by night, he did not attack until morning. In the
morning, the jews came out with their spades and baskets. When they
saw him, they said, "Muhammad! By Allah, Muhammad and his army!" The
Messenger of Allah, may Allah bless him and grant him peace, said
"Allah is greater! Khaybar is destroyed. When we come to a people, it
is an evil morning for those who have been warned . "
Yahya related to me from Malik from Yahya ibn Said from Said al-
Maqburi from Abdullah ibn Abi Qatada that his father had said that a
man came to the Messenger of Allah, may Allah bless him and grant him
peace, and said, "O Messenger of Allah! If I am killed in the way of
Allah, expectant for reward, sincere, advancing, and not retreating,
will Allah pardon my faults?" The Messenger of Allah, may Allah bless
him and grant him peace, said, "Yes." When the man turned away, the
Messenger of Allah, may Allah bless him and grant him peace, called
him - or commanded him and he was called to him. The Messenger of
Allah, may Allah bless him and grant him peace, said to him, "What did
you say?" He repeated his words to him, and the Prophet, may Allah
bless him and grant him peace, said to him, "Yes, except for the debt.
Jibril said that to me."
Yahya related to me that Malik said that he had heard that Umar
ibn Abd al-Aziz used to say, "The man on horse-back has two shares,
and the man on foot has one."
Malik added, "I continue to
hear the same."
Malik, when asked whether a man who was
present with several horses took a share for all of them, said, "I
have never heard that. I think that there is only a share for the
horse on which he fought."
Malik said, "I think that foreign
horses and half-breeds are considered as horses because Allah, the
Blessed, the Exalted, said in His Book, 'All horses, and mules, and
asses, for you to ride, and as an adornment.' (Sura16 ayat 8). He
said, the Mighty, the Majestic, 'Make ready for them whatever force
and strings of horses you can, to terrify thereby the enemy of Allah
and your enemy.' (Sura 8 ayat 60). I think that foreign breeds and
half-breeds are considered as horses if the governor accepts them."
Said ibn al-Musayyab was asked about working horses, and
whether there was zakat on them. He said, "Is there any zakat on
horses.?"
Yahya related to me from Malik from Abd ar-Rahman ibn Said from
Amr ibn Shuayb that when the Messenger of Allah, may Allah bless him
and grant him peace, came back from Hunayn heading for al-Jiirrana,
the people crowded around so much to question him that his she-camel
backed into a tree, which became entangled in his cloak and pulled it
off his back. The Messenger of Allah, may Allah bless him and grant
him peace, said, "Return my cloak to me. Are you afraid that I will
not distribute among you what Allah has given you as spoils. By He in
whose hand my self is! Had Allah given you spoils equal to the number
of acacia trees on the plain of Tihama, I would have distributed it
among you. You will not find me to be miserly, cowardly, or a liar."
Then the Messenger of Allah, may Allah bless him and grant him peace,
got down and stood among the people, and said, "Hand over even the
needle and thread, for stealing from the spoils is disgrace, fire,
ignominy on the Day of Rising for people who do it." Then he took a
bit of camel fluff or something from the ground and said, "By He in
whose hand my self is! What Allah has made spoils for you is not mine
- even the like of this! - except for the tax of one fifth, and the
tax of one fifth is returned to you."
Yahya related to me from Malik from Ibn Shihab from Humayd ibn
Abd ar-Rahman ibn Awf from Abu Hurayra that the Messenger of Allah,
may Allah bless him and grant him peace, said, "Whoever hands over two
of any type of property in the way of Allah is called to the Garden,
with the words 'O slave of Allah! This is good!' Whoever is among the
people of prayer, is called from the gate of prayer. Whoever is among
the people of jihad is called from the gate of jihad. Whoever is among
the people of sadaqa, is called from the gate of sadaqa. Whoever is
among the people of fasting, is called from the gate of the well-
watered. (Bab ar-Rayyan)."
Abu Bakr as-Siddiq said,
"Messenger of Allah! Is it absolutely necessary that one be called
from one of these gates? Can someone be called from all of these
gates?" He said, "Yes, and I hope you are among them ."
21.20
Acquisition of the Land of Those who Surrender from the People of
Dhimma
Malik said, "I do not see that there is any harm in the Muslims
eating whatever food they come across in enemy territory before the
spoils are divided."
Malik said, "I think that any camels,
cattle and sheep (taken as booty) are considered as food which the
Muslims can eat in enemy territory. If they could not be eaten until
the people had gathered for the division and the spoils had been
distributed among them, that would be harmful for the army. I do not
see any objection to eating such things within acceptable limits. I do
not think, however, that anyone should store up any of it to take back
to his family."
Malik was asked whether it was proper for a
man who obtained food in enemy territory and ate some of it and made
provision so that there was some of it left over to keep and eat with
his family, or to sell before he had come to his country and make use
of its price. He said, "If he sells it while he is on a military
expedition, I think that he should put its price into the booty of the
Muslims. If he takes it back to his country, I see no objection to his
eating it and using it if it is a small insignificant thing."
Yahya related to me from Malik that Yahya ibn Said said, "The
Messenger of Allah, may Allah bless him and grant him peace, was
sitting by a grave which was being dug at Madina. A man looked into
the grave and said, 'An awful bed for the mumin. 'The Messenger of
Allah, may Allah blesshim and grant him peace, said, 'Evil? What you
have said is absolutely wrong.'
The man said, 'I didn't mean
that, Messenger of Allah. I meant being killed in the way of Allah.'
The Messenger of Allah, may Allah bless him and grant him peace, said,
'Being killed in the way of Allah has no like! There is no place on
the earth which I would prefer my grave to be than here (meaning
Madina). He repeated it three times.' "
Yahya related to me from Malik from Ibn Shihab that al-Qasim ibn
Muhammad said that he had heard a man asking ibn Abbas about booty.
Ibn Abbas said, "Horses are part of the booty and personal effects are
as well."
Then the man repeated his question, and Ibn Abbas
repeated his answer. Then the man said, "What are the spoils which He,
the Blessed, the Exalted, mentioned in His Book?" He kept on asking
until Ibn Abbas was on the verge of being annoyed, then Ibn Abbas
said, "Do you know who this man is like? Ibn Sabigh, who was beaten by
Umar ibn al-Khattab because he was notorious for asking foolish
questions."
Yahya said that Malik was asked whether someone
who killed one of the enemy could keep the man's effects without the
permission of the Imam. He said, "No one can do that without the
permission of the Imam. Only the Imam can make ijtihad. I have not
heard that the Messenger of Allah, may Allah bless him and grant him
peace, ever said, 'Whoever kills someone can have his effects,' on any
other day than the day of Hunayn."
3
