CHAPTER 1. The obligation of Khumus.

4:326 Narrated by Malik bin Aus

While I was at home, the sun rose high and it got hot. Suddenly the messenger of ‘Umar bin Al-Khattab came to me and said, “The chief of the believers has sent for you.” So, I went along with him till I entered the place where ‘Umar was sitting on a bedstead made of date-palm leaves and covered with no mattress, and he was leaning over a leather pillow. I greeted him and sat down. He said, “O Malik! Some persons of your people who have families came to me and I have ordered that a gift should be given to them, so take it and distribute it among them.” I said, “O chief of the believers! I wish that you order someone else to do it.” He said, “O man! Take it.” While I was sitting there with him, his doorman Yarfa’ came saying, “‘Uthman, ‘Abdur-Rahman bin ‘Auf, Az-Zubair and Sad bin Abi Waqqas are asking your permission (to see you); may I admit them?” ‘Umar said, “Yes”, So they were admitted and they came in, greeted him, and sat down. After a while Yarfa’ came again and said, “May I admit ‘Ali and ‘Abbas?” ‘Umar said, “yes.” So, they were admitted and they came in and greeted (him) and sat down. Then ‘Abbas said, “O chief of the believers! Judge between me and this (i.e. ‘Ali).” They had a dispute regarding the property of Bani An-Nadir which Allah had given to His Apostle as Fai. The group (i.e. ‘Uthman and his companions) said, “O chief of the believers! Judge between them and relieve both of them front each other.” ‘Umar said, “Be patient! I beseech you by Allah by Whose Permission the Heaven and the Earth exist, do you know that Allah’s Apostle said, ‘Our (i.e. prophets’) property will not be inherited, and whatever we leave, is Sadaqa (to be used for charity),’ and Allah’s Apostle meant himself (by saying “we”)?” The group said, “He said so.” ‘Umar then turned to ‘Ali and ‘Abbas and said, “I beseech you by Allah, do you know that Allah’s Apostle said so?” They replied, ” He said so.” ‘Umar then said, “So, I will talk to you about this matter. Allah bestowed on His Apostle with a special favor of something of this Fai (booty) which he gave to nobody else.” ‘Umar then recited the Holy Verses: “What Allah bestowed as (Fai) Booty on his Apostle (Muhammad) from them — for this you made no expedition with either cavalry or camelry: But Allah gives power to His Apostles over whomever He will ‘And Allah is able to do all things.” 9:6) ‘Umar added “So this property was especially given to Allah’s Apostle, but, by Allah, neither did he take possession of it and leave your, nor did he favor himself with it to your exclusion, but he gave it to all of you and distributed it amongst you till this property remained out of it. Allah’s Apostle used to spend the yearly expenses of his family out of this property and used to keep the rest of its revenue to be spent on Allah ‘s Cause. Allah ‘s Apostle kept on doing this during all his lifetime. I ask you by Allah do you know this?” They replies in the affirmative. ‘Umar then said to ‘Ali and ‘Abbas. “I ask you by Allah, do you know this?” ‘Umar added, “When Allah had taken His Prophet unto Him, ‘Abu Bakr said, ‘I am the successor of Allah’s Apostle so, Abu Bakr took over that property and managed it in the same way as Allah’s Apostle used to do, and Allah knows that he was true, pious and rightly-guided, and he was a follower of what was right. Then Allah took Abu Bakr unto Him and I became Abu Bakr’s successor, and I kept that property in my possession for the first two years of my Caliphate, managing it in the same way as Allah’s Apostle used to do and as Abu Bakr used to do, and Allah knows that I have been true, pious, rightly guided, and a follower of what is right. Now you both (i.e. ‘Ah and ‘Abbas) came to talk to me, bearing the same claim and presenting the same case; you, ‘Abbas, came to me asking for your share from your nephew’s property, and this man, i.e. ‘Ali, came to me asking for his wife’s share from her father’s property. I told you both that Allah’s Apostle said, ‘Our (prophets’) properties are not to be inherited, but what we leave is Sadaqa (to be used for charity).’ When I thought it right that I should hand over this property to you, I said to you, ‘I am ready to hand over this property to you if you wish, on the condition that you would take Allah’s Pledge and Convention that you would manage it in the same way as Allah’s Apostle used to, and as Abu Bakr used to do, and as I have done since I was in charge of it.’ So, both of you said (to me), ‘Hand it over to us,’ and on that condition I handed it over to you. So, I ask you by Allah, did I hand it over to them on this condition?” The group aid, “Yes.” Then ‘Umar faced ‘Ali and Abbas saying, “I ask you by Allah, did I hand it over to you on this condition?” They said, “Yes. ” He said, ” Do you want now to give a different decision? By Allah, by Whose Leave both the Heaven and the Earth exist, I will never give any decision other than that (I have already given). And if you are unable to manage it, then return it to me, and I will do the job on your behalf.”

CHAPTER 91. What has been said regarding the armour of the Prophet, his staff, sword, cup and ring, and what the caliphs after him used of these things which had not been distributed, and also (what is said) about his hair, shoes and utensils which were considered as blessed things by his companions and others after his death.

4:339 Narrated by ‘Isa bin Tahman

Anas brought out to us two worn out leather shoes without hair and with pieces of leather straps. Later on Thabit Al-Banani told me that Anas said that they were the shoes of the Prophet.

4:340 Narrated by Abu Burda

‘Aisha brought out to us a patched wool Len garment, and she said, “(It chanced that) the soul of Allah’s Apostle was taken away while he was wearing this.” Abu-Burda added, “Aisha brought out to us a thick waist sheet like the ones made by the Yemenites, and also a garment of the type called Al-Mulabbada.” Narrated (Abü Burda): ‘Aisha u brought out to us a patched woollen garment, and she said, “(It chanced that) the soul of Allah’s Messenger was taken away while he was wearing this.” [4:340-O.B]

4:341 Narrated by Anas bin Malik

When the cup of Allah’s Apostle got broken, he fixed it with a silver wire at the crack. (The sub-narrator, ‘Asim said, “I saw the cup and drank (water) in it.”)

CHAPTER 92. The Statement of Allah : “(And know that whatever of war booty that you may gain), verily one-fifth of it is assigned to Allah and to the Messenger.”(V.8:41)

4:345 Narrated by Jabir bin ‘Abdullah Al-Ansari

A man amongst us begot a boy whom he named Al-Qasim. On that the Ansar said, (to the man), “We will never call you Abu-al-Qasim and will never please you with this blessed title.” So, he went to the Prophet and said, “O Allah’s Apostle! I have begotten a boy whom I named Al-Qasim and the Ansar said, ‘We will never call you Abu-al-Qasim, nor will we please you with this title.’ ” The Prophet said, “The Ansar have done well. Name by my name, but do not name by my Kunya, for I am Qasim.”

4:346 Narrated by Muawiya

Allah’s Apostle said, “If Allah wants to do good for somebody, he makes him comprehend the Religion (i.e. Islam), and Allah is the Giver and I am Al-Qasim (i.e. the distributor), and this (Muslim) nation will remain victorious over their opponents, till Allah’s Order comes and they will still be victorious ” Narrated Abu Huraira: Allah’s Apostle said, “Neither do I give you (anything) nor withhold (anything) from you, but I am just a distributor (i.e. Qasim), and I give as I am ordered.”

4:347 Narrated by Khaula Al-Ansariya

I heard Allah’s Apostle saying, “Some people spend Allah’s Wealth (i.e. Muslim’s wealth) in an unjust manner; such people will be put in the (Hell) Fire on the Day of Resurrection.”

CHAPTER 93. The statement of the Prophet: ‘Booty has been made legal for you Muslims’.

4:353 Narrated by Abu Huraira

The Prophet said, “A prophet amongst the prophets carried out a holy military expedition, so he said to his followers, ‘Anyone who has married a woman and wants to consummate the marriage, and has not done so yet, should not accompany me; nor should a man who has built a house but has not completed its roof; nor a man who has sheep or shecamels and is waiting for the birth of their young ones.’ So, the prophet carried out the expedition and when he reached that town at the time or nearly at the time of the ‘Asr prayer, he said to the sun, ‘O sun! You are under Allah’s Order and I am under Allah’s Order O Allah! Stop it (i.e. the sun) from setting.’ It was stopped till Allah made him victorious. Then he collected the booty and the fire came to burn it, but it did not burn it. He said (to his men), ‘Some of you have stolen something from the booty. So one man from every tribe should give me a pledge of allegiance by shaking hands with me.’ (They did so and) the hand of a man got stuck over the hand of their prophet. Then that prophet said (to the man), ‘The theft has been committed by your people. So all the persons of your tribe should give me the pledge of allegiance by shaking hands with me.’ The hands of two or three men got stuck over the hand of their prophet and he said, “You have committed the theft.’ Then they brought a head of gold like the head of a cow and put it there, and the fire came and consumed the booty. The Prophet added: Then Allah saw our weakness and disability, so he made booty legal for us.”

CHAPTER 94.

4:362 Narrated by Nafi from Ibn Umar

Allah’s Apostle sent a Sariya towards Najd, and Abdullah bin ‘Umar was in the Sariya. They gained a great number of camels as war booty. The share of each one of them was twelve or eleven camels, and they were given an extra camel each.

4:366 Narrated by Jabir bin Abdullah

While Allah’s Apostle was distributing the booty at Al-Ja’rana, somebody said to him “Be just (in your distribution).” The Prophet replied, “Verily I would be miserable if I did not act justly.”

4:372 Narrated by Nafi

‘Umar bin Al-Khattab said, “O Allah’s Apostle! I vowed to observe Itikaf for one day during the Pre-lslamic period.” The Prophet ordered him to fulfill his vow. ‘Umar gained two lady captives from the war prisoners of Hunain and he left them in some of the houses at Mecca. When Allah’s Apostle freed the captives of Hunain without ransom, they came out walking in the streets. ‘Umar said (to his son), “O Abdullah! See what is the matter.” ‘Abdullah replied, “Allah’s Apostle has freed the captives without ransom.” He said (to him), “Go and set free those two slave girls.” (Nafi added:) Allah’s Apostle did not perform the ‘Umra from Al-Jarana, and if he had performed the ‘Umra, it would not have been hidden from ‘Abdullah.

CHAPTER 95. Not taking the Khumus from the spoils of a killed infidel; and he who kills an infidel, will possess his belongings without giving the Khumus, and what the verdict of the Imâm in this respect is.

4:369 Narrated by ‘Abdur-Rahman bin ‘Auf

While I was standing in the row on the day (of the battle) of Badr, I looked to my right and my left and saw two young Ansari boys, and I wished I had been stronger than they. One of them called my attention saying, “O Uncle! Do you know Abu Jahl?” I said, “Yes, What do you want from him, O my nephew?” He said, “I have been informed that he abuses Allah’s Apostle. By Him in Whose Hands my life is, if I should see him, then my body will not leave his body till either of us meet his fate.” I was astonished at that talk. Then the other boy called my attention saying the same as the other had said. After a while I saw Abu Jahl walking amongst the people. I said (to the boys), “Look! This is the man you asked me about.” So, both of them attacked him with their swords and struck him to death and returned to Allah’S Apostle to inform him of that. Allah’s Apostle asked, “Which of you has killed him?” Each of them said, “I Have killed him.” Allah’s Apostle asked, “Have you cleaned your swords?” They said, “No. ” He then looked at their swords and said, “No doubt, you both have killed him and the spoils of the deceased will be given to Muadh bin Amr bin Al-Jamuh.” The two boys were Muadh bin ‘Afra and Muadh bin Amr bin Al-Jamuh.

CHAPTER 96. What the Prophet used to give to those Muslims whose faith was not so firm, and to other Muslims, from the Khumus or other resources

4:374 Narrated by Anas

The Prophet said, “I give to Quraish people in order to let them adhere to Islam, for they are near to their life of Ignorance (i.e. they have newly embraced Islam and it is still not strong in their hearts.”

4:375 Narrated by Anas bin Malik

When Allah favored His Apostle with the properties of Hawazin tribe as Fai (booty), he started giving to some Quarries men even up to one-hundred camels each, whereupon some Ansari men said about Allah’s Apostle, “May Allah forgive His Apostle! He is giving to (men of) Quraish and leaves us, in spite of the fact that our swords are still dropping blood (of the infidels)” When Allah’s Apostle was informed of what they had said, he called the Ansar and gathered them in a leather tent and did not call anybody else along, with them. When they gathered, Allah’s Apostle came to them and said, “What is the statement which, I have been informed, and that which you have said?” The learned ones among them replied,” O Allah’s Apostle! The wise ones amongst us did not say anything, but the youngsters amongst us said, ‘May Allah forgive His Apostle; he gives the Quarish and leaves the Ansar, in spite of the fact that our swords are still dribbling (wet) with the blood of the infidels.’ ” Allah’s Apostle replied, I give to such people as are still close to the period of Infidelity (i.e. they have recently embraced Islam and Faith is still weak in their hearts). Won’t you be pleased to see people go with fortune, while you return with Allah’s Apostle to your houses? By Allah, what you will return with, is better than what they are returning with.” The Ansar replied, “Yes, O Allah’s Apostle, we are satisfied’ Then the Prophet said to them.” You will find after me, others being preferred to you. Then be patient till you meet Allah and meet His Apostle at Al-Kauthar (i.e. a fount in Paradise).” (Anas added:) But we did not remain patient.

4:376 Narrated by Jubair bin Mutim

That while he was with Allah’s Apostle who was accompanied by the people on their way back from Hunain, the bedouins started begging things of Allah’s Apostle so much so that they forced him to go under a Samura tree where his loose outer garment was snatched away. On that, Allah’s Apostle stood up and said to them, “Return my garment to me. If I had as many camels as these trees, I would have distributed them amongst you; and you will not find me a miser or a liar or a coward.”

4:377 Narrated by Anas bin Malik

While I was walking with the Prophet who was wearing a Najrani outer garment with a thick hem, a bedouin came upon the Prophet and pulled his garment so violently that I could recognize the impress of the hem of the garment on his shoulder, caused by the violence of his pull. Then the bedouin said, “Order for me something from Allah’s Fortune which you have.” The Prophet turned to him and smiled, and ordered that a gift be given to him.

4:378 Narrated by ‘Abdullah

On the day (of the battle) of Hunain, Allah’s Apostle favored some people in the distribution of the booty (to the exclusion of others); he gave Al-Aqra’ bin Habis one-hundred camels and he gave ‘Uyaina the same amount, and also gave to some of the eminent Arabs, giving them preference in this regard. Then a person came and said, “By Allah, in this distribution justice has not been observed, nor has Allah’s Pleasure been aimed at.” I said (to him), “By Allah, I will inform the Prophet (of what you have said), “I went and informed him, and he said, “If Allah and His Apostle did not act justly, who else would act justly. May Allah be merciful to Moses, for he was harmed with more than this, yet he kept patient.”

CHAPTER 97. The food gained as war booty in the battlefield.

4:382 Narrated by Ibn Umar

In our holy battles, we used to get honey and grapes, as war booty which we would eat and would not store.

CHAPTER 98. Al-Jizya (i.e. tax taken form all non-Muslims living under the protection of the Islamic state) taken from the DhimmI, and the stoppage of war for a while with the enemies.

4:384 Narrated by ‘Umar bin Dinar

I was sitting with Jabir bin Zaid and ‘Amr bin Aus, and Bjalla was narrating to them in 70 A.H. the year when Musab bin Az-Zubair was the leader of the pilgrims of Basra. We were sitting at the steps of Zam-zam well and Bajala said, “I was the clerk of Juz bin Muawiya, Al-Ahnaf’s paternal uncle. A letter came from ‘Umar bin Al-Khattab one year before his death; and it was read:– “Cancel every marriage contracted among the Magians between relatives of close kinship (marriages that are regarded illegal in Islam: a relative of this sort being called Dhu-Mahram.)” ‘Umar did not take the Jizya from the Magian infidels till ‘Abdur-Rahman bin ‘Auf testified that Allah’s Apostle had taken the Jizya from the Magians of Hajar.

4:385 Narrated by ‘Amr bin ‘Auf Al-Ansari

(who was an ally of Bam ‘Amr bin Lu’ai and one of those who had taken part in (the Ghazwa of) Badr): Allah’s Apostle sent Abu ‘Ubaida bin Al-Jarreh to Bahrain to collect the Jizya. Allah’s Apostle had established peace with the people of Bahrain and appointed Al-‘Ala’ bin Al-Hadrami as their governor. When Abu ‘Ubaida came from Bahrain with the money, the Ansar heard of Abu ‘Ubaida’s arrival which coincided with the time of the morning prayer with the Prophet. When Allah’s Apostle led them in the morning prayer and finished, the Ansar approached him, and he looked at them and smiled on seeing them and said, “I feel that you have heard that Abu. ‘Ubaida has brought something?” They said, “Yes, O Allah’s Apostle’ He said, “Rejoice and hope for what will please you! By Allah, I am not afraid of your poverty but I am afraid that you will lead a life of luxury as past nations did, whereupon you will compete with each other for it, as they competed for it, and it will destroy you as it destroyed them.”

4:386 Narrated by Jubair bin Haiya

‘Umar sent the Muslims to the great countries to fight the pagans. When Al-Hurmuzan embraced Islam, ‘Umar said to him. “I would like to consult you regarding these countries which I intend to invade.” Al-Hurmuzan said, “Yes, the example of these countries and their inhabitants who are the enemies. of the Muslims, is like a bird with a head, two wings and two legs; If one of its wings got broken, it would get up over its two legs, with one wing and the head; and if the other wing got broken, it would get up with two legs and a head, but if its head got destroyed, then the two legs, two wings and the head would become useless. The head stands for Khosrau, and one wing stands for Caesar and the other wing stands for Faris. So, order the Muslims to go towards Khosrau.” So, ‘Umar sent us (to Khosrau) appointing An-Numan bin Muqrin as our commander. When we reached the land of the enemy, the representative of Khosrau came out with forty-thousand warriors, and an interpreter got up saying, “Let one of you talk to me!” Al-Mughira replied, “Ask whatever you wish.” The other asked, “Who are you?” Al-Mughira replied, “We are some people from the Arabs; we led a hard, miserable, disastrous life: we used to suck the hides and the date stones from hunger; we used to wear clothes made up of fur of camels and hair of goats, and to worship trees and stones. While we were in this state, the Lord of the Heavens and the Earths, Elevated is His Remembrance and Majestic is His Highness, sent to us from among ourselves a Prophet whose father and mother are known to us. Our Prophet, the Messenger of our Lord, has ordered us to fight you till you worship Allah Alone or give Jizya (i.e. tribute); and our Prophet has informed us that our Lord says:– “Whoever amongst us is killed (i.e. martyred), shall go to Paradise to lead such a luxurious life as he has never seen, and whoever amongst us remain alive, shall become your master.” (Al-Mughira, then blamed An-Numan for delaying the attack and) An-Nu’ man said to Al-Mughira, “If you had participated in a similar battle, in the company of Allah’s Apostle he would not have blamed you for waiting, nor would he have disgraced you. But I accompanied Allah’s Apostle in many battles and it was his custom that if he did not fight early by daytime, he would wait till the wind had started blowing and the time for the prayer was due (i.e. after midday).”

CHAPTER 99. If the Imâm concludes a truce with the king of a country, will peace be observed in regard to all the people of that country?

4:387 Narrated by Abu Humaid As-Saidi

We accompanied the Prophet in the Ghazwa of Tabuk and the king of ‘Aila presented a white mule and a cloak as a gift to the Prophet. And the Prophet wrote to him a peace treaty allowing him to keep authority over his country.

CHAPTER 100. The sin of one who kills an innocent person having a treaty with the Muslims.

4:391 Narrated by ‘Abdullah bin ‘Amr

The Prophet said, “Whoever killed a person having a treaty with the Muslims, shall not smell the smell of Paradise though its smell is perceived from a distance of forty years.”

CHAPTER 101. If Al-Mushrikun (polytheists, pagans, idolaters, and disbelievers in the Oneness of Allah and in His Messenger Muhammad) prove treacherous to the Muslims, may they be forgiven?

4:394 Narrated by Abu Huraira

When Khaibar was conquered, a roasted poisoned sheep was presented to the Prophets as a gift (by the Jews). The Prophet ordered, “Let all the Jews who have been here, be assembled before me.” The Jews were collected and the Prophet said (to them), “I am going to ask you a question. Will you tell the truth?” They said, “Yes.’ The Prophet asked, “Who is your father?” They replied, “So-and-so.” He said, “You have told a ie; your father is so-and-so.” They said, “You are right.” He siad, “Will you now tell me the truth, if I ask you about something?” They replied, “Yes, O AbuAl-Qasim; and if we should tell a lie, you can realize our lie as you have done regarding our father.” On that he asked, “Who are the people of the (Hell) Fire?” They said, “We shall remain in the (Hell) Fire for a short period, and after that you will replace us.” The Prophet said, “You may be cursed and humiliated in it! By Allah, we shall never replace you in it.” Then he asked, “Will you now tell me the truth if I ask you a question?” They said, “Yes, O Ab Li-AI-Qasim.” He asked, “Have you poisoned this sheep?” They said, “Yes.” He asked, “What made you do so?” They said, “We wanted to know if you were a liar in which case we would get rid of you, and if you are a prophet then the poison would not harm you.”

CHAPTER 102. Making peace with Al-Mushrikün (polytheists, pagans, idolaters, and disbelievers in the Oneness of Allah and in His Messenger Muhammad and the reconciliation with them by means of money or other means, and the sin of the person who does not fulfill the terms of the treaty.

Narrated by Sahl bin Abi Hathma

‘Abdullah bin Sahl and Muhaiyisa bin Mas’ud bin Zaid set out to Khaibar, the inhabitants of which had a peace treaty with the Muslims at that time. They parted and later on Muhaiyisa came upon ‘Abdullah bin Sah! and found him murdered agitating in his blood. He buried him and returned to Medina. ‘Abdur Rahman bin Sahl, Muhaiyisa and Huwaiuisa, the sons of Mas’ud came to the Prophet and ‘Abdur Rahman intended to talk, but the Prophet said (to him), “Let the eldest of you speak.” as ‘Abdur-Rahman was the youngest:. ‘Abdur-Rahman kept silent and the other two spoke. The Prophet said, “If you swear as to who has committed the murder, you will have the right to take your right from the murderer.” They said, “How should we swear if we did not witness the murder or see the murderer?” The Prophet said, “Then the Jews can clear themselves from the charge by taking Alaska (an oath taken by men that it was not they who committed the murder).” The!y said, “How should we believe in the oaths of infidels?” So, the Prophet himself paid the blood money (of ‘Abdullah). (See Hadith No. 36 Vol. 9.)

CHAPTER 103. If a Dhimmi practices magic, can he be excused?

4:400 Narrated by Aisha

Once the Prophet was bewitched so that he began to imagine that he had done a thing which in fact he had not done.

CHAPTER 104. Caution against treachery.

4:401 Narrated by Auf bin Mali

I went to the Prophet during the Ghazwa of Tabuk while he was sitting in a leather tent. He said, “Count six signs that indicate the approach of the Hour: my death, the conquest of Jerusalem, a plague that will afflict you (and kill you in great numbers) as the plague that afflicts sheep, the increase of wealth to such an extent that even if one is given one hundred Dinars, he will not be satisfied; then an affliction which no Arab house will escape, and then a truce between you and Bani Al-Asfar (i.e. the Byzantines) who will betray you and attack you under eighty flags. Under each flag will be twelve thousand soldiers.

CHAPTER 105. The sin of a person who makes a covenant and then proves treacherous.

4:404 Narrated by Ali

Narrated Said: Abu Huraira once said (to the people), “What will your state be when you can get no Dinar or Dirhan (i.e. taxes from the Dhimmis)?” on that someone asked him, “What makes you know that this state will take place, O Abu- Hu raira?” He said, “By Him in Whose Hands Abu Huraira’s life is, I know it through the statement of the true and truly inspired one (i.e. the Prophet).” The people asked, “What does the Statement say?” He replied, “Allah and His Apostle’s asylum granted to Dhimmis, i.e. non-Muslims living in a Muslim territory) will be outraged, and so Allah will make the hearts of these Dhimmis so daring that they will refuse to pay the Jizya they will be supposed to pay.”

CHAPTER 106. The sin of a betrayer (treacherous and perfidious person) whether he betrays a good or a bad person.

4:410 Narrated by Anas

The Prophet said, ”Every betrayer will have a flag on the Day of Resurrection” One of the two sub-narrators said that the flag would be fixed, and the other said that it would be shown on the Day of Resurrection, so that the betrayer might be recognized by it.