The Siyar [1] of Abu Ishaq al-Fazari [2]

The Siyar of Abu Ishaq al-Fazari. Chapter on exhuming their graves and buried treasure. Chapter on buried treasure found in enemy territory and riding animals. I said: What about what is found between al-Masisa and the Byzantine frontier of this and similar things, such as mosaic, marble, lead, and iron? He said: What is found of that which you have more of, which has value and is visible, belongs to the general body of Muslims. What is found of that which has no value, and nothing prevents it, the chapter on disliking a man taking a fee for arbitration and judgment. Chapter on selling vessels, and how to inspect captives. Selling dogs and falcons. Al-Fazari said: I asked al-Awza'i: A copy of the Quran from the Byzantines, which we found in their land, should it be sold or burned? He said: Burying it is more beloved to me. I said: Do you not see that it should be sold? He said: How, when it contains their polytheism? And I asked Sufyan about it, and he said: Do you know what is in it? I said: No, but perhaps it contains their polytheism. He said: Chapter on a raiding party that set out, and some of them lost the way, and met another raiding party. Abu Marwan informed me, saying: Al-Fazari informed us, saying: I wrote to al-Awza'i, asking him about a raiding party that was sent and given a bonus ¹, and some of them lost the way, or their riding animal stopped, and they joined the main army, after their companions had already obtained spoils, or before they obtained spoils. Chapter on the bonus for raiding parties when they meet and encounter the enemy. Abu Marwan informed me, saying: Al-Fazari narrated to us, saying: And I wrote to him: If the enemy met the Muslims and fought them before the recipients of the bonus had received their bonus, and the Muslims defeated them, does the Muslims' meeting the enemy and fighting them nullify the bonus of those people who were... Chapter on the one who gives and carries [weapons] in the path of Allah. Chapter on what is disliked regarding separating [people] in prayer. On children when they die. What is obtained from captives: can it be sold to the People of the Covenant ²? What a Muslim must return to a Muslim regarding a free man if a Muslim buys him while he is a captive, concerning what the Muslims have obtained in their land. Abu Marwan informed me, saying: Al-Fazari informed us, I said to Sufyan: If the Muslims find in the land of their enemy a Muslim with a woman, a slave-girl, her child, property, and a child, and he says: My wife, my child, my property, and my slave-girl I bought? He said: If they are in his hands, he is believed; the burden of proof is upon you. And al-Awza'i said: Regarding embezzlement ³, the shares of horses. What has come regarding the oath of allegiance. Embezzlement. Chapter on a woman who does good on behalf of her absent husband. Chapter on showing off and one who loves to be praised for his knowledge. Chapter on one who stands guard in the path of Allah and naval warfare. Chapter on racing. Chapter on what the caliph receives from the spoils.

1. nafl : A bonus or extra share of spoils given to a raiding party before the general distribution.
2. ahl al-dhimma : Non-Muslim subjects living under Muslim rule, protected by a covenant.
3. ghulul : Embezzlement or misappropriation of spoils before distribution.

The Siyar [1] of Abu Ishaq al-Fazari [2]

Source: https://shamela.ws/book/29344 Date of extraction: 2026-06-17

The Siyar of Abu Ishaq al-Fazari [1]

The Siyar ¹ of Abu Ishaq al-Fazari ² 1 - ... informed us, Muhammad ibn Waddah narrated to us, ... he said: Abu Ishaq Ibrahim ibn Muhammad narrated to us, ... from al-Sha'bi ³ from a man who let his animal loose in ... and a man took it ... to it, then the owner came, and he said: This is something ... so he is more entitled to it. 2 - I said to Sufyan ⁴: What do you think of the hadith that came ... so it is his? He said: The Muslim returns to the Muslim ... 3 - Al-Fazari, from Talha ibn Yahya, he said: Ibn Farrukh informed me that a man from Iraq asked Umm Salama ⁵ about a whip that a man finds. She said: I see no harm in it, so his brother takes it and uses it to strengthen his hand, I see no harm in it. He said: And a rope? She said: And a rope. He said: And footwear? She said: And footwear. He said: And a container? She said: "I do not make lawful what Allah has forbidden. A container may contain money, and a container may contain goods; I do not make lawful what Allah has forbidden."

1. Siyar : Plural of Sira, meaning biographies or military expeditions, often referring to the early Islamic conquests and the lives of the Prophet and his companions.
2. Abu Ishaq al-Fazari : Ibrahim ibn Muhammad al-Fazari (d. 186/802), a prominent early Islamic scholar and traditionist, known for his work on Siyar.
3. al-Sha'bi : Amir ibn Sharahil al-Sha'bi (d. 104/722), a famous Tabi'i (successor) and jurist from Kufa.
4. Sufyan : Sufyan al-Thawri (d. 161/778), a renowned early Islamic scholar, jurist, and hadith collector.
5. Umm Salama : Hind bint Abi Umayya, one of the wives of the Prophet Muhammad, known for her knowledge and transmission of hadith.

Chapter on exhuming their graves and buried treasures [1]

Chapter on digging up their graves and buried treasure ¹ 4. Abu Marwan informed us, saying: al-Fazari narrated to us, saying: I asked al-Awza'i about digging up graves when they are guided to something in them. He said: This is an evil deed. Then he said: Yunus narrated to us from al-Zuhri that when the Messenger of Allah (peace be upon him) passed by al-Hijr ², he covered his head with his garment and urged his mount, then said: "Do not enter the houses of those who wronged themselves unless you enter them weeping, for fear that what befell them may befall you." [p. 102] Al-Awza'i said: The Prophet (peace be upon him) forbade entering their houses while they were their houses, so how can they enter their graves? 5. He said: Some people argued with the grave of Abu Righal ³, but the grave of Abu Righal was only an idol that was visible—I think he said: made of gold. [p. 104] 6. He said: We were with Maslamah ⁴ in an army in the land of the Turks, and we were guided to a house-like thing that was not a grave containing a dead person, but it contained weapons. They extracted many weapons and vessels placed on the surface of the ground. He ordered them to be sold for about one hundred and seventy thousand [dirhams], and that was not known from their practice. 7. Al-Fazari, from Sufyan, from 'Abdullah ibn Dinar, from Ibn 'Umar, said: When the Prophet passed by al-Hijr, the Messenger of Allah (peace be upon him) said to them: "Do not enter upon these punished people unless you are weeping, lest what befell them befall you." 8. Al-Fazari, from Abu Isma'il, from 'Ubaydullah ibn 'Umar, from Nafi', from Ibn 'Umar, said: Some of the Companions of the Prophet (peace be upon him) camped at the well of Thamud ⁵. They drew water and kneaded dough with it, but the Prophet forbade them and ordered them to pour out what was in their waterskins, feed their dough to the camels, and camp at the well of Salih ⁶ and draw water from it. 9. Al-Fazari said: I asked Sufyan about digging up graves when they are guided to something in them. He said: It is disliked. I said: What is disliked about it? He said: Has it reached you that anyone among the predecessors did it? I said: No. He said: Then it does not please me. [p. 106] 10. I said: What is the ruling on what is found in ruins or elsewhere? He said: What is found in the land of the Muslims, from what they have taken possession of from enemy territory—whoever finds it alone or with an army, or buried treasure known to be buried treasure, it is for him exclusively after the khums ⁷. And what they find of that in enemy territory, underground or above ground, from buried treasure or otherwise, it is booty ⁸ among his companions, and the army shares in it after the khums. 11. And whatever is found in enemy territory, and it is not known whether it belongs to Muslims or the enemy, let him announce it. If it is recognized, [it is returned]; otherwise, it is placed in the division ⁹. And what is found in enemy territory and is known to belong to a Muslim, it is like a lost item ¹⁰. If its owner is found, [it is returned]; otherwise, charity is given on his behalf. 12. He said: I asked al-Awza'i about what is found in graves when they are dug up, of gold or silver, in lands where Muslims are predominant. He said: It belongs to the finder; it is buried treasure, and the khums is due on it. I said: That is in enemy territory, and he is with an army. He said: It is booty like the wealth of the enemy, and the khums is due on it. The finder and the army are partners in it, because he only found it by the strength of the army. If the imam ¹¹ wishes, he may give it as a bonus ¹² from it, and the khums is due on it. [p. 107] 13. I said: Something found in the sea in enemy territory, such as jewels or pearls? He said: It belongs to the finder, not the army, after the khums, and it is not like buried treasure. 14. I said: What about found items of crafted jewelry? He said: It is like the wealth of the enemy. I said: What prevents what is found in graves of gold and silver that is not from the wealth of the enemy from being like what is found in the sea of pearls and jewels, since it is merely something belonging to those before them in the graves? He said: This is not like that, because this is from their wealth, and that is not from their wealth. 15. I said: What do you consider buried treasure to be? He said: Whatever is found underground of something that did not belong to this community ¹³, it is buried treasure, and the khums is due on it. [p. 108] 16. The sunnah ¹⁴ has only applied to buried treasure in gold and silver; then later they took from iron, copper, and lead. I said: Do you think it should be taken from it? He said: I see no harm in it. 17. I said: What about pottery and Pharaonic glass and similar things found? He said: I do not consider this buried treasure. 18. I said: What is found on the surface of the ground, on mounds, where torrents have flowed or winds have uncovered it and it becomes visible? He said: It is buried treasure. He said: What is visible to people and left as it is, such as gilded idols and pillars with visible lead—all this is not buried treasure; rather, it is something for the general body of Muslims, and it is placed in their treasury ¹⁵. No one may take anything from it except the Commander of the Faithful ¹⁶, like land: no one may take anything from it except with his permission. If he permits someone to take it, it is his, and no khums is due on it.

1. rikaz : Buried treasure; pre-Islamic wealth hidden in the earth, subject to khums (one-fifth tax).
2. al-Hijr : The rocky region of Thamud, the dwelling place of the prophet Salih's people, destroyed for their disbelief.
3. Abu Righal : A pre-Islamic figure whose grave was reportedly an idol; used as a precedent for dealing with non-Muslim graves.
4. Maslamah : Maslamah ibn 'Abd al-Malik, an Umayyad prince and military commander.
5. Thamud : An ancient Arabian tribe destroyed by Allah for rejecting the prophet Salih.
6. Salih : A prophet sent to Thamud; his well is associated with the miracle of the she-camel.
7. khums : One-fifth tax on spoils of war, buried treasure, and certain other gains, to be distributed as per Islamic law.
8. ghanimah : Spoils of war taken from non-Muslims, subject to khums and distribution among the army.
9. al-maqsam : The division of spoils among the army after setting aside the khums.
10. luqtah : A lost item found; its ruling involves announcing and returning to owner or giving in charity.
11. imam : The leader of the Muslim community, here referring to the caliph or ruler.
12. naffala : To give an additional bonus from the spoils to a soldier beyond his share.
13. hadhihi al-ummah : This community; refers to the Muslim ummah.
14. sunnah : The established practice of the Prophet Muhammad, considered a source of law.
15. bayt al-mal : The public treasury of the Islamic state.
16. Amir al-Mu'minin : Commander of the Faithful; title of the caliph.

Chapter on treasure troves found in enemy territory and animals. I said: What about what…

Chapter on treasure troves found in enemy territory and animals. I said: What about what is found between al-Massisa and the Byzantine frontier of this and similar items, such as mosaics, marble, lead, and iron? He said: What is found of that which you have the upper hand over, which has value and is visible, belongs to the general body of Muslims. What is found of that which has no value and is not prevented...

Chapter on treasure trove found in enemy territory and animals. 19 - I said: What about what is found between al-Massisa and the Byzantine frontier of this and similar things, such as mosaic, marble, lead, and iron? He said: What is found of that which you are dominant over, which has value and is visible, belongs to the general body of Muslims. What is found of that which has no value and is not prohibited to anyone belongs to the one who takes it, with no khums ¹ on it, whether he finds it alone or with an army. I said: Sometimes a man finds something of that in territory we dominate, while he is with the army, and it has no value there, but if he brings it elsewhere, it has value. He said: I do not know of any obligation on him regarding it; it is like a man who finds a stone that is not prohibited, and he sells it like firewood. I said: What about columns of lead and the like, part of which is visible? He said: What is visible to the eye is not considered rikaz ². 20 - I said: Does a mu'ahid ³ who finds rikaz keep it? He said: It is his after the khums. 21 - I said: What about a woman and a boy? He said: It is theirs after the khums. I said: What about a slave? He said: It does not belong to him, unless the imam grants him something; because if it became his, it would belong to his master, and his master did not find it. I said: If I said to my slave: 'Dig in such and such a place, for I hope you will find rikaz,' and he dug and found it? He said: If that is the case, what he found is yours. I said: If I hired a man to dig in my house and he found a treasure? He said: It is his. I said: If I said to him: 'I hire you to dig here hoping to find a treasure,' and I specified it? He said: He gets his wages, and what is found is yours. I said: If I said to him: 'I hire you to dig in my house on condition that what you find is mine'? He said: It is yours. I said: If I enlisted a man to dig in my house and he found rikaz? He said: It is his after the khums. 22 - It was said to him: People come and a man finds rikaz in it? He said: Its khums is taken, half of it is for them, and half is in the treasury; the rest is for the one who found it and the army. 23 - Al-Fazari narrated: I asked Sufyan about a mu'ahid who finds rikaz. He said: It is his after the khums. 24 - I said: What about a slave? He said: Umar did not assign anything to him. I said: What about a boy and a woman? He did not assign anything to them. I said: If you hire a man or enlist him to dig for you in your house and he finds rikaz, it is his after the khums. 25 - It was said to al-Awza'i: What do you think about the land of al-Massisa and the land grants of the sultan there, which the governor of Qinnasrin grants? He said: As for the city for their dwellings, I see no harm in it; but as for agricultural land, the Commander of the Faithful oversees that. I said: Does the governor of al-Massisa grant dwellings in the city? He said: This is weaker. I said: What is the status of their farms and what they have revived of land? He said: If there were dhimmis ⁴ there, I think it should be given to them because it is part of the fay' ⁵ of the Muslims. But if there are none, then the 'ushr ⁶ is taken from them, and jizya ⁷ is not taken from them. 26 - There is no dead land ⁸ to be revived in al-Massisa or in the abode of Islam; dead land is only in the lands of the Bedouins. Similarly, Sufyan said: The ruler does not grant land to people.

1. khums : One-fifth tax on spoils of war and treasure trove.
2. rikaz : Buried treasure or minerals found in the earth.
3. mu'ahid : A non-Muslim subject of an Islamic state with a treaty of protection.
4. dhimmi : A non-Muslim living under Islamic rule with a covenant of protection.
5. fay' : Property acquired from non-Muslims without war, belonging to the Muslim community.
6. 'ushr : Tithe or one-tenth tax on agricultural land.
7. jizya : Poll tax levied on non-Muslims in an Islamic state.
8. mawat : Dead or uncultivated land that can be revived by cultivation.

Chapter on the Disapproval of a Man Taking Payment for Dividing Inheritances and Judging…

Chapter on the Disapproval of a Man Taking Payment for Dividing Inheritances and Judging [1]

Chapter: Disapproval of a man taking payment for distribution ¹ and judgment ². 27. Abu Marwan informed me, saying: Al-Fazari narrated to us from Sufyan, from Abu Husayn, from Al-Qasim ibn Abd al-Rahman, who said: Umar ibn al-Khattab disliked that a man take payment for the distribution of Muslim shares or for their judgment. 28. Al-Fazari, from Sufyan ibn Uyaynah, from Abd al-Aziz ibn Rufay', from Musa ibn Tarif, from his father, who said: Ali distributed a distribution among a people, then ordered a man to calculate it. It was said to him: "Would you give him his wage?" He said: "If Allah wills, I would give it, but it is unlawful gain ³." 29. Al-Fazari, from Ash'ath, from Ibn Sirin, that he disliked for the man who distributes among people to take payment for it. 30. Al-Fazari, from Abd al-Rahman ibn Abd Allah, from Al-Qasim ibn Abd al-Rahman, who said: "Four things for which it is disliked to take payment: distribution, recitation of the Quran, judgment, and the call to prayer ⁴." He said: And Shurayh would not take payment for judgment. 31. Al-Fazari, from Sufyan, from Ibn Abi Layla, from Al-Hakam, from Miqsam, from Ibn Abbas, who said: On the day of the Confederates ⁵, a man among the great polytheists was killed. They wanted to buy his body, but the Prophet (peace be upon him) disliked that. 32. Al-Fazari, from my father, who said: I heard Al-Zuhri say: "Nawfal ibn Abd Allah ibn al-Mughirah's horse carried him on the day of the Trench ⁶ to cross over to the Prophet (peace be upon him), but Allah threw him down on his face dead. The polytheists asked the Prophet to give them his body and they would pay his blood money ⁷. He said: 'We have no need for his blood money, for it is foul blood money, foul flesh, foul body.'"

1. maqāsim : Distribution of shares or spoils among Muslims.
2. qaḍā’ : Judgment or adjudication between people.
3. suḥt : Unlawful gain; that which is forbidden and impure.
4. ādhān : The call to prayer.
5. Yawm al-Aḥzāb : The Day of the Confederates, referring to the Battle of the Trench (5 AH).
6. Yawm al-Khandaq : The Day of the Trench, another name for the Battle of the Confederates.
7. diya : Blood money or compensation paid to the family of a victim.

Chapter on selling vessels, and how to inspect captives [1].

Chapter on the sale of vessels, and how female captives are to be searched. 33. Abu Marwan informed me, saying: al-Fazari narrated to us, from al-Awza'i, from Yahya ibn Abi Kathir, who said: A man came to the Prophet, peace be upon him, on the day of Khaybar and said: "O Messenger of Allah, I have made a profit today such that no one in the valley has made the like of it." He said: "Woe to you, and what profit have you made?" He said: "I kept buying and selling until I profited twelve thousand." He said: "Woe to you, shall I not guide you to something better than that? Two rak'ahs ¹ after the prayer." 34. Al-Fazari, from al-Mughira, from Umm Musa, who said: 'Ali obtained some silver vessels inlaid with jewels, and he wanted to break them and sell them, then distribute the proceeds among the people. Some non-Arabs came to him and said: "If you break them, you will ruin them; we will give you a higher price for them." He said: "I would not return to you something that Allah has taken away from you." 35. Al-Fazari, from Humaid, from Anas, who said: We obtained some silver vessels in al-Ahwaz and sold them to some people from al-Hira for more than their weight, then we mentioned that to 'Umar, and he said: "Return the sale, take back the vessels, and sell them for gold." We wanted them to do that, but they refused, so we returned the excess to them. 36. He said: I said to al-Awza'i: "What do you think about female captives, if it is feared that they may have hidden something with them, how are they to be searched?" He said: "Above the garments; this is a necessity." 37. Al-Fazari: Al-Awza'i was asked about the sale of swords, belts, and saddles adorned with gold or silver, from those who have a share in them, on credit. He disapproved of that and said: "Whoever buys something from the fay' ² from someone who has a share in it, then wants to sell it, he should not sell it on a profit-sharing basis, but should sell it by bargaining." 38. Al-Fazari, from Hisham, from Muhammad, from a man, who said: I was the fifth of five among those who oversaw the capture of Tustar. A man came wearing a cloak over something and said: "Will you sell me what I have for twenty dirhams?" I said: "Yes, if it is not gold or silver, or the Book of Allah." He said: "It is some of what you have mentioned, but you cannot read it, while I can read it." He brought out a casket containing a book of the Torah. We gave it to him as a gift, took the casket, and threw it into the booty. He bought it from us for two dirhams.

1. rak'ahs : Units of Islamic prayer, consisting of a sequence of standing, bowing, prostrating, and sitting.
2. fay' : Booty or spoils taken from non-Muslims without a formal battle, often subject to different rules than ghanima (spoils from battle).

The sale of a dog and a falcon. Al-Fazari said: I asked Al-Awza'i, 'A manuscript from the…

The sale of a dog and a falcon. Al-Fazari said: I asked Al-Awza'i, 'A manuscript from the manuscripts of the Byzantines [1], which we acquired in their lands: should it be sold or burned?' He said: 'Burying it is more beloved to me.' I said: 'Do you not see that it should be sold?' He said: 'How could it be, when it contains their polytheism [2]?' And I asked Sufyan [3] about it, and he said: 'Do you know what is in it?' I said: 'No, but perhaps it contains their polytheism.' He said:

The Sale of Dogs and Falcons 39. Al-Fazari narrated: I asked al-Awza'i, saying: "A mushaf ¹ from among the mushafs of the Byzantines, which we acquired in their lands—should it be sold or burned?" He said: "Burying it is more beloved to me." I said: "And do you not see that it should be sold?" He said: "How, when it contains their shirk ²?" And I asked Sufyan about it, and he said: "Do you know what is in it?" I said: "No, but perhaps it contains their shirk." He said: "Then how can it be sold?" 40. And I asked Sufyan, al-Awza'i, and others about a mushaf from among the mushafs of the Muslims, which we acquired in enemy lands. They said: "If its owner does not come, it is placed in the maqsam ³ and sold." 41. I said to al-Awza'i: "A horse we acquired in enemy lands, and it is standing as a habs ⁴ in the path of Allah?" He said: "It is more beloved to me that the imam assign a man to ride it, so that it remains a habs as it was." And he had been asked about it before that, and he said: "It is divided." And Sufyan said: "It is divided as long as its owner does not come; if he comes after it has been divided, he takes it for its price." 42. It was said to al-Awza'i: "A slave from the khums ⁵ fled to the enemy, and the Muslims captured him?" He said: "He is divided; this is not like the horse." 43. It was said: "And if they acquire a sword?" He said: "The sword is not like the horse, because the sword may be traded among the people, and it is like that." 44. I said: "And silk, and a necklace containing crosses and idols, and dirhams and dinars containing crosses and shirk, and a cross made of silver or gold?" He said: "They used to acquire them and bring them to the maqsam and sell them. As for the cross, it is broken, then sold—that is more beloved to me. And the dinars before today were like this, and they traded them among themselves." 45. I said: "And if they acquire a dog?" He said: "The price of a dog is not permissible; if it is a hunting dog, it is divided, but not khumsed ⁶." I said: "And if they acquire a cheetah?" He said: "It is like the dog." I said: "And if they acquire a cat?" He said: "It is not sold, because its price is disliked, and I do not see that anyone should take it for himself." 46. I said: "And if they acquire a falcon, an eagle, or a hawk from what they have secured in their houses, it is sold in the fay' ⁷; if it is not from what they have secured in their houses, it belongs to the one who took it." And Sufyan said the same regarding the hawk, falcon, and eagle. 47. It was said to al-Awza'i: "And the skins of predatory animals?" He said: "They are not sold, and no one takes them for himself." It was said to him: "And if someone acquires a falcon and releases it for hunting, and it catches its prey or the falcon is lost?" He said: "If the imam wishes, he may hold him liable for its price, and if he wishes, he may leave him; he has done wrong when he released it. As for what it caught, it is eaten." 48. I said to al-Awza'i: "What do you think if an enemy descends upon our city, and we acquire spoils from them—do those who acquired the spoils and the people of the city share in it?" He said: "If the enemy descended at Nahr al-Dhib ⁸ and the like, and the people of the city went out to them and acquired spoils from them, it is for them alone, excluding the people of the city, after the khums. And if the enemy descended near the city, and the people of the city went out to them, relieving one another—some guarding, some carrying food to them, and reinforcements coming from the city—then they are all partners in what they acquired of the spoils after the khums. And those who went out to those who descended at Nahr al-Dhib are given nafal ⁹ and salab ¹⁰." 49. I said: "What do you think if the army departs from the city, and cavalry or a maslaha ¹¹ follows them, and they acquire something from what they leave behind, such as an animal or goods?" He said: "This seems to be one matter; I consider them and the people of the city partners in what they acquired." I said: "And if an army of theirs comes intending to descend upon the city, and cavalry or a maslaha goes out to them and acquires something from them at a distance of two or three miles, and they fight them and acquire something from them?" He said: "It is for them exclusively after the khums, and these are given salab and nafal. And if they also descend upon the city, then a group goes out to them and fights them, they are given salab and nafal." 50. It was said to him: "And the guards who go out from the city as sentinels, taking with them two horsemen who guard and ride, and they have a relief at the city gate, and the two horsemen acquire something from the enemy?" He said: "It is for the two horsemen after the khums. But if the two horsemen, had they called for help, the relief and the people of the city would have helped them, then it is like the people of the city." 51. I said: "What do you think if an enemy ship is cast by the sea onto the shore, broken, and a group acquires it?" He said: "It belongs to the bayt al-mal ¹². If there is an enemy on it with something or goods, and they renew fighting against them, then it is for those who acquired it after the khums. And if the enemy are unarmed, cannot resist, and do not renew fighting against them, then it belongs to the bayt al-mal of the Muslims." I said: "And may the imam give them nafal from it if he wishes?" He said: "We do not know of nafal except in the land of war. And if he wishes, he may give them radakh ¹³ as ja'il ¹⁴ for ships that have nothing." I said: "And if ja'il of the enemy come, and ships go out to them, seek them, and acquire something from them?" He said: "It is for them after the khums." 52. I said: "A musta'min ¹⁵ was walking with us in the army, and the people saw some wild asses, not intending to pursue them. The musta'min said to the imam: 'Will you permit me to go to these wild asses and bring back a mare to ride, and it will be mine exclusively? For I cannot walk with you.' He said: 'I see no harm in giving it to him as nafal after the khums; this is a necessity.'" 53. I said: "We descended upon a village, and a musta'min came to us and entered with us. Then he began to go out to the villages from which the Muslims had driven the enemy, and he would bring goods and say: 'These are goods that belonged to me.'" He said: "If, when he wanted to go out, he said to the imam, 'I have some goods remaining; let me go out and bring them,' and he permitted him, then it is his. But if he went out without his permission and brought something, I see that he be given nafal from it after the khums, and the rest is in the maqsam." 54. I said: "And if he says to the imam: 'Will you permit me to go out, and whatever I bring, half is mine, with no khums on it?' and he does so?" He said: "How evil is what he did when he stipulated that it not be khumsed! And I see that he should fulfill what he promised him." 55. I said: "An imam said to a man among those with him, while he was in a sariyya ¹⁶: 'Go with a group of your companions to some wild asses we have been informed of, and you will have such-and-such nafal from them.' He said: 'Only if you assign me an animal from them that will be mine exclusively, apart from my companions.' And he did so." He said: "How evil is what the imam did when he assigned him something exclusively apart from his companions! For he only acquired what he acquired through their strength. And I see that he should fulfill what he promised him." 56. It was said: "The imam sends out the sariyya, and a man goes out with them, having intention for the virtue of that, but also the nafal has motivated him?" He said: "If nothing but the nafal made him go out, I dislike that for him." I said: "And if he would have gone out in any case, even if they were not given nafal, and the nafal increased his activity?" He said: "I hope there is no harm in it."

1. mushaf : A physical copy of the Quran.
2. shirk : Polytheism or associating partners with Allah.
3. maqsam : The place where spoils are divided among the fighters.
4. habs : An endowment or trust, similar to waqf, for a charitable purpose.
5. khums : The one-fifth share of spoils that belongs to Allah, the Prophet, and specified categories.
6. khumsed : Subjected to the khums tax.
7. fay' : Spoils acquired from non-Muslims without fighting, or property left by them.
8. Nahr al-Dhib : A location, literally 'River of the Wolf', likely a place name.
9. nafal : Extra share of spoils given as incentive or reward.
10. salab : The personal belongings of a slain enemy fighter taken by the one who killed him.
11. maslaha : A military detachment or outpost.
12. bayt al-mal : The public treasury of the Islamic state.
13. radakh : A small, discretionary grant or gift from the spoils.
14. ja'il : Ships carrying goods or supplies.
15. musta'min : A non-Muslim granted temporary safe conduct (aman) in Muslim territory.
16. sariyya : A military detachment sent on a raid or expedition.

Chapter on a detachment that set out, then some of them lost their way and met another…

Chapter on a detachment that set out, then some of them lost their way and met another detachment. Abu Marwan informed me, saying: al-Fazari informed us, saying: I wrote to al-Awza'i, asking him about a detachment that was sent and given an additional share [1], then some of them lost their way, or their mount stopped, so they joined the main army, after their companions had obtained spoils, or before they had obtained spoils.

Chapter on a raiding party that set out, and some of them lost their way, then encountered another raiding party. 57 - Abu Marwan informed me, saying: al-Fazari informed us, saying: I wrote to al-Awza'i, asking him about a raiding party that was sent and given an additional reward ¹, and some of them lost their way, or their mount stopped, so they joined the main army after their companions had already obtained spoils, or before they had obtained spoils, and then they also obtained something after separating from them? He wrote to me: Whatever spoils they obtained before their companion returned to the main army, he is their partner in it, and he has no share in what they obtained after his arrival at the main army from their spoils. 58 - And about a commander who sent a raiding party and gave them an additional reward, then the commander of the raiding party sent a detachment from his raiding party before they had obtained spoils or after, and the detachment lost the way, and they had obtained spoils, then they encountered another raiding party that had set out from the main army, so they joined them, and found that they had obtained spoils, then they also obtained together another spoil, then they came to the main army before the first raiding party returned, and some people from the first raiding party were also assigned to foraging, and they were traveling with their commander at the rear of the group, when suddenly they saw their main army had caught up with them, so they joined it, thinking that their raiding party commander would return to their main army, but he went on and did not return, then he also obtained spoils, and the commander of the main army sent another raiding party, and some of those who were in that first raiding party went out in it, and they obtained spoils, then they all gathered in the main army? He wrote: 59 - Whatever the raiding party obtained before they joined the raiding party that met them coming out from the main army is between them and the raiding party that was sent. And whatever they obtained after they joined the raiding party that met them, they took their share, and it was between them and the first raiding party, before the raiding party they sent returned to the army, so it is between them, and their foragers have no share in what they obtained after they joined their main army. 60 - And whoever from the first raiding party that joined the main army went out with the raiding party sent by the commander of the main army, and they obtained something, it is between them, and the raiding party they left has no share with them. 61 - And about a group that goes out from the army to forage near or far, with or without permission, and they obtain spoils, or some of them obtain spoils to the exclusion of others, do they share the additional reward? He wrote: Whoever among them obtains something without his companions is given his additional reward from it to the exclusion of them. 62 - And about the imam ² who obtains spoils in his army, while he has sent out his raiding parties, and that is the first thing obtained from the spoils? He wrote: If the first to obtain spoils is the imam in his army, he gives the additional reward to the raiding parties afterward from what they bring; because what he obtained in his army is the first spoil. 63 - And about an imam who sent raiding parties and gave them an additional reward, then it occurred to him to go out himself in a raiding party out of consideration for the general public, and he would have the same additional reward as any man among them? He wrote: I see no harm in that. 64 - And about a raiding party sent by the imam, who gave them an additional reward, and they obtained spoils, then returned to their army, and he gave them their additional reward, then the enemy met them and took from the Muslims all that they had obtained, including what the raiding party members had been given as additional reward, then the Muslims prevailed over the enemy and obtained all that they had taken from them, including what was the additional reward of their companions? He wrote: When they were given the additional reward and took possession of it, it became their property, so it is returned to them.

1. nafl : An additional reward or bonus given to soldiers beyond the standard share of spoils, often as an incentive for specific missions.
2. imam : The leader of the Muslim community or army; here, the commander-in-chief.

Chapter on the voluntary grants for military expeditions: If they encountered and met the…

Chapter on the voluntary grants for military expeditions: If they encountered and met the enemy. Abu Marwan informed me, saying: al-Fazari narrated to us, saying: I wrote to him: If the enemy met the Muslims, and they fought them before the recipients of the voluntary grant [1] had taken their grant, and the Muslims defeated them, does the Muslims' meeting with the enemy and their fighting them nullify the voluntary grant of those people who had [been promised it]?

Chapter on the Extra Spoils for Detachments that Encounter and Meet the Enemy 65. Abu Marwan informed me, saying: al-Fazari narrated to us, saying: I wrote to him: If the enemy met the Muslims and fought them before the recipients of the extra spoils had taken their extra spoils, and the Muslims defeated them, does the Muslims' encounter with the enemy and their fighting them nullify the extra spoils of those people who had been promised extra spoils when the Muslims fought for all their spoils? He wrote: If that detachment returned with their spoils to the army and they were taken from them, then they have deserved their extra spoils, and it became a loss that befell them, so their extra spoils should be returned to them. 66. And about a commander who sent detachments and promised them extra spoils, then two detachments came together at the same time, neither preceding the other, and they were the first spoils? He wrote: They are two detachments that were sent, and their arrival coincided, so half of what each obtained is taken from each. 67. And about a commander who sent a detachment and promised it extra spoils, and it brought him spoils, then he sent no other, and they obtained no other spoils until he returned, should he fulfill what he promised them or not, and they are the first spoils? He wrote: Let him fulfill for them the extra spoils that he assigned to them, even if he was ignorant, for breaking a promise is greater than his haste in granting extra spoils to the first detachment when he sent it. 68. And about a commander who sent two detachments and promised them extra spoils, and they obtained spoils, then he sent one of the detachments as a herald to the commander, and it informed him of what it had obtained from the spoils, while the other detachment came with its spoils, and the herald preceded to the commander, and they informed him of what they had gained before the detachment that came with its spoils reached him, which of the two detachments is the first spoils? He wrote: The first of them is the one that brought its spoils to the commander; it is the first spoils, for the news of the herald is not the first spoils. 69. And about a commander who sent detachments and promised them extra spoils, and appointed a meeting place where he and they would gather, and they obtained spoils, then one detachment came to the commander before reaching the appointed place, and another detachment came to the appointed place with its spoils, which of the two detachments is the first spoils? He wrote: The first of the two detachments that came to the commander with its spoils is the first spoils. 70. And about a commander who sent a detachment and promised it extra spoils, and it went, then he changed his mind and followed them, and found that they had gained spoils and were besieging a fortress hoping to capture it, does his arrival among them nullify their extra spoils? He wrote: They have their extra spoils for what they obtained before their commander arrived among them. 71. And about a commander who sent his detachment and promised it extra spoils, and they besieged a fortress or a subterranean refuge, then the commander of that detachment promised a man among them extra spoils, saying: Whoever enters the fortress or the subterranean refuge shall have such-and-such from the extra spoils that the army commander had promised the entire detachment, or the detachment commander sent cavalry from his detachment to seek other spoils, then promised them extra spoils when he saw their reluctance to seek the spoils, how should the army commander act in that? He wrote: If the army commander promised the detachment when he sent it a quarter or less, then let him fulfill for them what the detachment commander promised them up to a third of what they obtained; if their extra spoils exceeded a third... 72. It was said to him: The imam ¹ encamps with the army in a large village and stays there for days, and a man brings him goods he found there, or takes a sheep and eats its meat and brings its skin to the distribution, or enters a house and finds goods and brings them to the imam? He said: There is no extra spoils in this. 73. It was said to him: A detachment was sent, and they encountered an enemy and fought them, killing them, and brought their spoils; would this be the first spoils? He said: Yes. 74. It was said to him: A detachment from the people of al-Massisa ² was sent and met a detachment from the people of Malatya ³ in enemy territory; do they share with each other in what each obtained? He said: No, unless they all gather together and gain spoils while they are united. 75. I said: A detachment went out and captured prisoners, and the enemy wanted to ransom them with some of the Muslim prisoners they had? He said: It is not permissible for them to refuse that.

1. imam : The leader of the Muslim community, here referring to the commander of the army.
2. al-Massisa : A town on the Byzantine frontier, modern-day Misis in Turkey.
3. Malatya : A city in eastern Anatolia, modern-day Malatya, Turkey.

Chapter on the one who gives and undertakes [1] in the way of God [2].

**Chapter on the One Who Gives and Provides Mounts in the Path of Allah (fī sabīlillāh)** 76. Abū Marwān informed me, saying: al-Fazārī narrated to us, from ‘Ubaydallāh ibn ‘Umar and Mūsā ibn ‘Uqbah, from Nāfi‘, who said: When Ibn ‘Umar provided a camel or a mount in the path of Allah (fī sabīlillāh), he would say to its recipient: “Do not take possession of it until you have crossed Wādī al-Qurā with it. When you have crossed Wādī al-Qurā on the road to Syria (al-Shām), or its parallel on the road to Egypt (Miṣr), then do with it as you wish.” 77. Al-Fazārī narrated to us, from Ismā‘īl ibn Umayyah, from Nāfi‘, that Ibn ‘Umar used to say: “When you have crossed Wādī al-Qurā, then do with it as you wish.” 78. Al-Fazārī narrated to us, from ‘Abdullāh ibn ‘Awn, from Nāfi‘, that Ibn ‘Umar used to say: “When you reach Dhāt Khashab, then it is your concern (sha’nuka bihā).” 79. Al-Fazārī narrated to us, from Yaḥyā ibn Sa‘īd, from Sa‘īd ibn al-Musayyib, concerning a man who gives something in the path of Allah (fī sabīlillāh): When it reaches the point of his military expedition (ra’s maghzā lahu), it becomes like his own property (ka-mālihi), and he may do with it as he does with his own property. 80. It was said to Sufyān: “What do you think if it is given while he is in al-Miṣṣīṣah?” He said: “Then that is the point of the military expedition (ra’s maghzāh).” 81. Al-Fazārī, from Sufyān, from Abū Ḥamzah, who said: I said to Ibrāhīm: “A man gives an allowance (al-nafaqah) in the path of Allah (fī sabīlillāh); may he spend from it on his family?” He said: “No, but he may spend on himself and on his mount. If there remains a surplus with him, let him place it in something similar.” Sufyān and Ibn ‘Awn admired this statement. 82. Al-Fazārī narrated to us, from Ibn ‘Awn, who said: It was mentioned to Muḥammad (ibn Sīrīn) concerning a man who gives his brother something in the path of Allah (fī sabīlillāh). He said: “The Muslims used to give to one another and provide mounts for one another.” 83. Al-Fazārī narrated to us, from Sufyān, from al-A‘mash, from Ibrāhīm, who said: “Mu‘ḍid borrowed a cloak (burd) from ‘Alqamah and wrapped it around his head (i‘tajara bihī). ‘Alqamah would pray in it, and there was a trace of blood on it. It was said to him (about this), and he said: ‘Indeed, it increases my love for it that the trace of Mu‘ḍid’s blood is on it.’” 84. Al-Fazārī narrated to us, from al-Awzā‘ī, who said: “When Makḥūl gave something for himself in the path of Allah (fī sabīlillāh), he did not consider it permissible to take anything for himself, unless something was specifically designated for him.” 85. Al-Fazārī narrated to us, from ‘Ubaydullāh, from Nāfi‘, from Ibn ‘Umar, who said: ‘Umar provided a horse in the path of Allah (fī sabīlillāh) and gave it to the Messenger of Allah (peace be upon him) to ride, or he provided it for a man to ride. Then the man stopped it to sell it. ‘Umar said: “O Messenger of Allah, may I buy back the one I provided?” He said: “No, and do not take back your charity (ṣadaqah).” 86. Al-Fazārī narrated to us, from Mughīrah, from Ibrāhīm, that ‘Umar provided a horse, then found its foal being sold. He asked the Messenger of Allah (may Allah bless him and grant him peace) about buying it, and he forbade him from buying it. 87. Al-Fazārī narrated to us, from Sufyān ibn ‘Uyaynah, from Muḥammad ibn al-Munkadir, who said: When the verse {You will never attain righteousness until you spend from what you love} [Āl ‘Imrān: 92] was revealed, Zayd ibn Ḥārithah came to the Messenger of Allah (peace be upon him) with a horse called Sabal and said: “O Messenger of Allah, it is in the path of Allah (fī sabīlillāh).” The Messenger of Allah said: “Take it, O Usāmah.” Zayd seemed to feel some displeasure about that, so the Messenger of Allah said: “Indeed, Allah has accepted it from you.” 88. Al-Fazārī narrated to us, from Abū Ismā‘īl, from Usāmah ibn Zayd, from Abū al-Zubayr, from Jābir ibn ‘Abdillāh, who said: A man entered the mosque with an arrow in his hand and said: “Who will assist me in the path of Allah (fī sabīlillāh)?” ‘Umar stood up to him, seized him by the collar (lababahu)—and he was a strong man—and said: “Who will hire this man from me?” A man from the Anṣār said: “I will.” So he hired him out to him for a year. He left for him from his wages enough to cover his clothing and expenses, and said: “Bring me what remains of his wages.” When the year passed, he brought him what remained of his wages. He gave it to him, then ‘Umar said to him: “Go and fight (ighzu), and do not ask people (for anything).” 89. Al-Fazārī narrated to us, from ‘Abdullāh ibn Shawdhab, from Abū al-Tayyāḥ, who said: A man asked ‘Abdullāh ibn ‘Umar, saying: “A woman designated a camel of hers in the path of Allah (fī sabīlillāh). May a man who is stranded (munqaṭa‘ bihī) from the pilgrims to the House of Allah be carried on it?” He said: “Those are the delegation of Allah (wafdullāh), not the delegation of Satan (wafd al-shayṭān). Those are the delegation of Allah, not the delegation of Satan. Those are the delegation of Allah, not the delegation of Satan.” It was said to him: “And what is the delegation of Satan?” He said: “A people whom the commanders of the armies send to the governors, informing him that the people are pleased when they are not pleased, and that the people have been given their rights when they have not been given their rights. Those are the delegation of Satan.” 90. Al-Fazārī narrated to us, from ‘Abd al-Malik, from Anas ibn Sīrīn, who said: I came to Ibn ‘Umar while he was in the mosque and said: “A companion of mine bequeathed some dirhams to be placed in the path of Allah (fī sabīlillāh). I have seen some pilgrims who have been stranded (qad quṭi‘a bihim). Should I give it to them, or to the needy among them?” He said: “Yes.” I said: “I fear that my companion intended only the fighters (al-mujāhidīn).” He said: “Give it to them.” He (Anas) said: I said: “I fear that I may not conform to what was in my companion’s mind.” He became angry, then said: “Woe to you! Is it not in the path of Allah (fī sabīlillāh)?” 91. Al-Fazārī narrated to us, from Ibn ‘Awn, from Anas ibn Sīrīn, who said: A person bequeathed something in the path of Allah (fī sabīlillāh). When the time of division (al-furqah) came, it was said to Ibn ‘Umar: “May it be placed in the pilgrimage (al-ḥajj)?” He said: “Indeed, it is among the paths of Allah (subulillāh).” 92. Al-Fazārī narrated to us, from al-‘Alā’ ibn al-Musayyib, from Fuḍayl ibn ‘Amr, who said: A person bequeathed something in the path of Allah (fī sabīlillāh). During the time of Mu‘āwiyah, Ibn ‘Umar was asked about that and said: “I do not think it should be placed in this direction until the people are united (yad al-nās wāḥidah).” Meaning, in the pilgrimage (al-ḥajj). 93. Al-Fazārī narrated to us, from Ḥumayd ibn Abī Ghaniyyah, from his father, from Abū al-‘Ajlān, who said: A cousin of mine died and bequeathed a camel in the path of Allah (fī sabīlillāh). I said to his son: “Give it to me, for I am in the army of Ibn al-Zubayr, and I am in the path of Allah (fī sabīlillāh).” He said: “Come with us to Ibn ‘Umar so we may ask him.” We came to him and said: “O Abā ‘Abd al-Raḥmān, my father bequeathed a camel in the path of Allah (fī sabīlillāh), and this is my cousin, and he is in the army of Ibn al-Zubayr. Should I give it to him?” He said: “Indeed, the path of Allah (sabīlullāh) is every righteous deed. If your father bequeathed a camel for the fighters (al-mujāhidīn) in the path of Allah (fī sabīlillāh), then if you see a group of Muslims fighting a group of polytheists, give the camel to them. For this man and his companions are only fighting in the path of the youths of Quraysh (ghilmān Quraysh). Indeed, they stamp (yaṭba‘u al-ṭābi‘).” 94. Al-Fazārī, from Mis‘ar, who said: I asked Ḥammād about a person who bequeathed something in the path of Allah (fī sabīlillāh): “Should it be placed in the pilgrimage (al-ḥajj) or for the poor (al-fuqarā’)?” He said: “It should be placed where he said.” [p. 138] 95. Al-Fazārī narrated to us, from al-‘Alā’, that he asked Ḥammād about that, and he said: “It should be placed for the fighters (al-mujāhidīn).” 96. Al-Fazārī narrated to us, he said: And I asked al-Awzā‘ī about that, and he said: “It should be placed for the fighters (al-mujāhidīn).” 97. And I asked Sufyān about that, and I said to him: “A man gives (something) to a man to perform the pilgrimage (yaḥujju bihī)?” He said: “If he did that, I would hope it would suffice him, but it should be placed for the fighters (al-mujāhidīn).” 98. Al-Fazārī narrated to us, he said: From al-Awzā‘ī, from al-Zuhrī, concerning a woman who bequeathed one-third of her wealth in the path of Allah (fī sabīlillāh) to her husband. He said: “It is permissible, unless she said: ‘One-third of my wealth in the path of Allah (fī sabīlillāh) is for my husband to place wherever he wishes.’”

99. Al-Fazari said: I asked al-Awza'i: If someone bequeaths a horse for the sake of Allah ¹, may his son or heir ride it in military expedition? He said: If he bequeaths wealth for the poor, or an animal for the sake of Allah, his heir is not given any of it even if they are poor, nor may his heir ride it in expedition. But if he bequeaths a horse as a perpetual endowment ² for the sake of Allah, I see no harm in his heir riding it in expedition, because he only rides it and then returns it, like a loan ³. I asked: May the executor ride it in expedition? He said: That does not please me. 100. Al-Fazari said: I asked Sufyan and Sharik about that, and they disapproved of the executor riding it in expedition. I asked al-A'mash and Mis'ar about it, and they saw no harm in it. And I instructed someone who asked Hisham about it, and he said: I dislike that the executor should draw any benefit from it for himself. Ibn 'Awn was asked about it and said: I see no harm in it if the executor is trustworthy. 101. It was said to Sufyan: What do you think if a man gives something for the sake of Allah, and he equips himself with it, then dies before leaving Kufa? He said: We think it should be returned to its owners, or placed in what it was intended for. 102. It was said to him: What about a man who says in his will: 'My horse is for so-and-so for the sake of Allah,' and so-and-so is in Kufa? He said: When he bequeaths it, saying it is for him for the sake of Allah, it is for him whether he is in Kufa or al-Massisa ⁴; his saying 'for the sake of Allah' is superfluous. And if he bequeaths dinars to him for the sake of Allah, it is likewise.

1. fī sabīl Allāh : Literally 'in the path of Allah'; a phrase used in Islamic law to denote charitable or religious purposes, often specifically for military expedition (jihad) or general good deeds.
2. ḥabs : A perpetual endowment or trust (waqf) where the usufruct is dedicated to a charitable purpose while the corpus remains inalienable.
3. ʿāriyah : A loan for use, where the item is given temporarily without compensation and must be returned.
4. al-Maṣṣīṣah : A town on the border of the Byzantine Empire (modern-day Misis, Turkey), often a base for military expeditions.

Chapter on what is disliked of separation [1]

Chapter on What is Disliked of Separation 103 - Abu Marwan narrated to us, saying: al-Fazari narrated to us, from Sharik, from Jabir, from al-Qasim ibn Abd al-Rahman, from his father, from Ibn Mas'ud, who said: When captives were brought to the Messenger of Allah (peace be upon him), he would give the members of a household among them to a Muslim household, disliking to separate them. 104 - al-Fazari narrated to us, from Sufyan, from Amr ibn Dinar, from Abd al-Rahman ibn Farrukh, from his father, who was in charge of the spoils during the time of Umar ibn al-Khattab, who said: Umar wrote to me: "Do not separate between two brothers." 105 - al-Fazari narrated to us, from Yunus ibn Ubayd, from Humayd ibn Hilal, from a man, who said: Uthman ibn Affan wrote to me: "Buy slaves for me, and do not buy anything that has been separated from its child or its parent." 106 - al-Fazari narrated to us, from Sufyan, from Mansur, from Ibrahim, who said: "They used to dislike separating between a parent and his child, between a mother and her child, and between brothers." He said: Ibrahim sold a slave girl of his, so I said: "Did they not dislike this?" He said: "We place her in a position, and her mother has consented." 107 - Sufyan said: I do not consider it anything but equal; I do not like that they be separated, whether young or old. 108 - al-Fazari narrated to us, from Safwan ibn Amr, from Abd al-Rahman ibn Jubayr, from his father, who said: When the cities of Cyprus were conquered, the people fell upon the captives, dividing them and separating them, with some weeping to others. Abu al-Darda' wept, then moved aside and sat down, wrapping himself with the strap of his sword. It was said: "Do you weep on a day when Allah has honored Islam and its people, and humiliated disbelief and its people?" He struck the man's shoulder and said: "Woe to you! How insignificant are people before Allah when they abandon His command! While they were a conquering, dominant nation with sovereignty, when they abandoned Allah's command, they became as you see." 109 - al-Fazari, from Muawiya ibn Yahya, from one who narrated to him that Abu Ayyub passed by the captives on the day of Rhodes, and they were weeping, as mothers had been separated from their children. He returned the child to its mother, and they fell silent. The owner of the spoils came and said: "Who did this to our shares?" Abu Ayyub said: "I heard the Messenger of Allah (peace be upon him) say: 'Whoever separates a mother from her child, Allah will separate him from his loved ones on the Day of Resurrection.'" So he said: "I will leave them as you have done." 110 - al-Fazari narrated to us, from Abu Ishaq al-Shaybani, from Qays or someone else, from Abd al-Rahman ibn Abd Allah, from his father, who said: We were with the Prophet (peace be upon him) in a cemetery, and he went to relieve himself. We saw a red bird with two chicks, and we took its two chicks. The red bird came fluttering. The Prophet (peace be upon him) came and said: "Who has distressed this bird by taking its young? Return its young to it." And he saw an ant colony that we had burned, and he said: "Who burned this?" We said: "We did." He said: "It is not fitting to punish with fire except the Lord of fire."

The prayer over young children when they die [1]

Prayer over young captives when they die. 111 - Abu Marwan informed me, saying: al-Fazari narrated to us, from Sufyan, from Salama ibn Tammam, who said: I said to al-Sha'bi: I go to Khurasan and purchase captives, and some of them die. Should the funeral prayer be performed over them? He said: If he prays ¹, then prayer is performed over him. 112 - Al-Fazari, from Ibn Abi Unaysa, who said: I asked Hammad about captives who are taken while young, and some of them die. He said: If they are in the possession of Muslims, prayer is performed over them. 113 - Al-Fazari narrated to us, and Sufyan and Isma'il ibn Muslim said: It used to be said: If they enter the community of Muslims ², prayer is performed over them. 114 - Al-Fazari narrated to us, saying: I asked Hisham and Ibn 'Awn about captives who die while young in the possession of Muslims. Hisham said: Prayer is performed over them. Ibn 'Awn said: Until they pray ³. 115 - Al-Fazari narrated to us, saying: I asked al-Awza'i, saying: Captives are taken while they are young, and with them are their mothers and fathers. He said: If a young one dies while he is in the collective body of the fay' ⁴ or in the nafal ⁵ of a group while they are in enemy territory, prayer is not performed over them until they are divided. When they are taken out of the fay' and divided, and they come into the possession of a Muslim, or a group buys him among themselves and they share in him, then he dies, prayer is performed over him. Even if he is in enemy territory, even if his parents are with him; because the Muslim has more right to him than his parents; and because if one of them were to free his share of him, he would be obliged to secure his release from his partners.

1. ṣallā : Refers to the deceased having performed the Islamic prayer (ṣalāh) during his lifetime, indicating he was a Muslim.
2. fi'at al-muslimīn : The community or group of Muslims; here it means the captives have been brought into Muslim territory or jurisdiction.
3. ḥattā yuṣallū : Literally 'until they pray'; Ibn 'Awn's statement may mean that prayer is not performed over them until they themselves have performed the Islamic prayer, i.e., until they have embraced Islam.
4. fay' : Spoils of war taken from non-Muslims without a formal battle, or collectively owned property; here it refers to the undivided booty before distribution.
5. nafal : Extra or additional share of booty given to some participants in a military expedition; here it refers to captives taken as part of such a share.

Is it permissible to sell captives of war to the People of the Dhimma [1]?

Regarding captives ¹: can they be sold to dhimmis ²? 116 - Abu Marwan informed me, saying: al-Fazari narrated to me from Ibn Abi Unaysa, who said: "I asked Hammad about young and old captives taken by Muslims: can any of them be sold to dhimmis? He said: 'As for the young, no. As for the adult, if he refuses to embrace Islam, there is no harm.'" [148] He said: "And I asked Hisham about that, and he said: 'As for the young, no. As for the adult, if he refuses to embrace Islam, there is no harm.'" 117 - He said: "And I asked al-Awza'i about captives from the Byzantines ³ and the Saqaliba ⁴, whether taken young or old. He said: 'Whoever is taken from the Byzantine captives while young, let him not sell him to dhimmis. Whoever is taken from their slaves who have reached maturity, and you know that if you command him to embrace Islam he will do so, then command him to embrace Islam and do not sell him to them. Whoever is taken from their slaves who have reached maturity and will not embrace Islam if you command him, you are not obliged to call him to Islam, and sell him to them if you wish. Whoever is taken from the Saqaliba, or the Abyssinians ⁵, or the Turks ⁶, or the people of other religions, or others who have no known religion and do not articulate clearly, and whose religion is merely that if you call him to your religion he will respond to you, then he is a Muslim. So if you take possession of him, do not sell him to them. [149] Whoever is taken from the adults, call him to Islam and teach him. If he refuses, then sell him to them if you wish. His Islam is that he says: 'There is no god but Allah.' I said: 'What if he says it with his tongue but does not know it in his heart?' He said: 'If he says it, he is a Muslim; then you teach him afterwards.'"

1. saby : Captives taken in war, including prisoners and spoils of war.
2. ahl al-dhimma : Non-Muslim subjects of an Islamic state who are granted protection and certain rights in exchange for paying jizya (poll tax).
3. al-Rum : The Byzantines, i.e., the Eastern Roman Empire, often considered Christians.
4. al-Saqaliba : Slavic peoples, often captured as slaves in medieval times.
5. al-Habash : Abyssinians, i.e., people from the region of Ethiopia/Eritrea.
6. al-Turk : Turks, referring to various Turkic tribes from Central Asia.

What a Muslim should respond to a Muslim

What a Muslim returns to a Muslim ¹ 118 - Abu Marwan informed me, saying: al-Fazari narrated to us, from Sufyan, from Ibrahim ibn al-Muhajir, from al-Nakha‘i, who said: "Indeed, the most deserving thing that a Muslim returns to a Muslim, even if it has been divided ²." 119 - al-Fazari narrated to us, from Musa ibn ‘Uqba, from Nafi‘, from Ibn ‘Umar: that a slave of his fled from him to the Byzantines ³, and the Byzantines asked a man among them who was a captive in Muslim hands to be returned to them, and they would return the slave. So they did, and Ibn ‘Umar’s slave was returned to him. Musa said: That was in the year of Yarmuk ⁴, and over the Muslims was Khalid ibn al-Walid. 120 - He said: And Nafi‘ said: "Ibn ‘Umar was thrown from his horse, and the polytheists ⁵ took him. Then later the Muslims captured him, and his horse was returned to Ibn ‘Umar. Over the Muslims at that time was Khalid ibn al-Walid." 121 - al-Fazari narrated to us, from Za’ida, from al-Rukayn ibn al-Rabi‘, from his father: that the polytheists captured a horse of his during the time of Khalid ibn al-Walid, and they had secured it. Then the Muslims captured it during the time of Sa‘d ⁶, and we spoke to him, and he returned it to us. That was after it had been divided and had become part of the commander’s fifth ⁷. 122 - al-Fazari narrated to us, from ‘Abd al-Malik ibn Jurayj, from ‘Amr ibn Dinar, who said: "We heard that whatever the enemy has secured ⁸ belongs to the Muslims, and they divide it among themselves." 123 - Ibn Jurayj said: "I said to ‘Ata’: Regarding a slave or goods that the enemy captures from the Muslims, then Allah returns it ⁹ to them, and its owner establishes proof of ownership before it is divided? He said: If the sunna ¹⁰ has not passed on it, then in my opinion it is best that it be returned to him. I said: What if it has been divided? He said: Then he has nothing." 124 - al-Fazari narrated to us, from al-Mughira, from Hammad, from Ibrahim, who said: "It is returned to him as long as it has not been divided. If it has been divided, then it is past." 125 - al-Fazari narrated to us, from ‘Abdullah ibn ‘Awn, from Raja’ ibn Haywa, who said: ‘Umar ibn al-Khattab said: "If its owner finds it before it has been khumus-ed ¹¹, then he has more right to it. If it has been khumus-ed, then he has nothing." 126 - al-Fazari narrated to us, from Ibn Abi ‘Aruba, from Qatada, from Raja’ ibn Haywa, from Qabisa ibn Dhu’ayb, who said: ‘Umar said: "If he finds it before it is divided, he takes it. If it has been divided, then he has nothing." 127 - al-Fazari narrated to us, from Hisham, from al-Hasan, who said: "If he finds it before it is divided, he takes it. If it has been divided, then he has nothing." He said: "And whatever the sea overwhelms ¹² is in the same position as what the enemy overwhelms." 128 - al-Fazari narrated to us, from al-Awza‘i, who said: Sulayman ibn Musa said concerning a slave-girl ¹³ whom the enemy secures from a Muslim, then the Muslims capture her: "Her master takes her for the price if he wishes." 129 - al-Fazari narrated to us, from Ibn Abi Unaysa and others, from Hammad, from Ibrahim, and Za’ida, from Layth, from Mujahid, that they said: "If its owner finds it before it is divided, he takes it. If he finds it after it has been divided, he takes it for the price." 130 - al-Fazari narrated to us, from Ibn Jurayj, who said: "I said to ‘Ata’: Regarding goods or slaves that the enemy captures, and a Muslim buys something of that? He said: Then he should not sell it to their owners for more than what he took it for, but for what he took it for." He said: "I said: What about owned slave-girls? He said: Their master has more right to them, to ransom them, and he should not increase upon them." 131 - al-Fazari narrated to us, from al-Mughira, from Ibrahim, who said: "If its owner finds it in the hand of a man who bought it from the enemy, then if he wishes, he takes it for the price at which he bought it, and if he wishes, he leaves it. He has the choice." 132 - al-Fazari narrated to us, saying: I asked Sufyan about what the enemy has secured of Muslim goods, then the Muslims capture it, and its owner finds it in the hand of a man who bought it from the enemy or from the division ¹⁴, or it fell to him in his share. He said: "If the one in whose hand it is establishes proof that he bought it, its owner takes it for the price. If it was raised to him in his share, he takes it for the value." 133 - al-Fazari narrated to us, and I asked al-Awza‘i and others about that, and they said the same. 134 - al-Fazari narrated to us, from Ibn ‘Uyayna, from Ibn Abi ‘Aruba, from Qatada, who said: ‘Ali said: "If its owner finds it in the hand of a man who bought it, he has more right to it for the price. If it has been divided, he has more right to it for the value." 135 - al-Fazari narrated to us, from Abu Khalid, from Abu ‘Awn al-Ansari, from Azhar ibn Yazid, who said: A slave-girl belonging to some people of Murad ¹⁵ ran away and joined the enemy. Later the Muslims captured her as booty. Her master came to Abu ‘Ubayda ibn al-Jarrah and said: "I do not know what to say to you about her, but I will write to ‘Umar about her." So he wrote to him asking about her matter. ‘Umar wrote back to him: "If she has been khumus-ed and divided, then that is the way. If she has not been khumus-ed and not divided, then return her to them." Abu ‘Ubayda informed them of ‘Umar’s letter. They said: "By Allah, did ‘Umar write this to you?" He said: "By Allah, it is not lawful for me to lie." 136 - al-Fazari narrated to us: I asked Sufyan and al-Awza‘i about a slave who runs away to the enemy, then the Muslims capture him. They both said: "He is the same as what the enemy has secured." 137 - And I asked others besides them, and they said: "He is not the same. If the owner finds the runaway slave, he is returned to him without price, whether divided or not. If he finds him in the hand of a man who bought him from the enemy, he takes him without price, because he is in the position of a lost animal ¹⁶. If his owner is absent and he has not been divided, he is sold, when it is known that he ran away, and his price is placed in the treasury ¹⁷ until his owner comes. If it is not known that he ran away, he is divided. Then if his owner finds him, he takes him without price, and nothing is owed to the buyer of the slave, unless the slave ordered him to buy him and guaranteed him, in which case it becomes a debt owed to him if he is freed." I said: "What if his owner says, 'He only ran away from me,' and the one in whose hand he is says, 'The enemy only secured him'?" He said: "The burden of proof is on him that he ran away, because when you captured him, he was booty, so he is the claimant." 138 - I said: "What if it is an animal belonging to a Muslim that escaped with him, and the enemy captured it?" He said: "The animal is not like this; this is booty." 139 - He said: "And if the enemy makes peace with the Muslims on a treaty, and in their hands is a slave of a Muslim who ran away to them, his owner takes him without price." 140 - al-Fazari narrated to us, from Hisham, from Muhammad, who said: "The enemy captured a slave-girl belonging to a man from the Muslims. A man from among them bought her, and her owner disputed with him about her before Shurayh ¹⁸. He said: 'A Muslim is most deserving of returning to his brother for the price.' The man said: 'She has borne a child from me.' He said: 'Free her, by the judgment of the commander,' meaning ‘Umar." 141 - al-Fazari narrated to us, from ‘Abdullah ibn ‘Awn, from Muhammad, from Shurayh, similar to it. 142 - He said: "I said to Muhammad: 'What do you think he used to judge against him in her case?' He said: 'I think he used to judge against him for the equivalent value ¹⁹.'" 143 - al-Fazari narrated to us, from Ash‘ath, from Muhammad, who said: "Shurayh gave five judgments concerning her. He said: 'A Muslim returns to a Muslim.' He said: 'He bought her.' He said: 'She is returned to him for the price.' He said: 'She bore a child from him.' He said: 'She is free by the judgment of the commander.'" Ash‘ath said: "And I forgot two, and I mentioned that to al-Sha‘bi, and he said: 'And he made her waiting period ²⁰ the waiting period of a free woman.'"

144. Sufyan said: If its owner finds it in the possession of a man who has freed her or she has borne a child from him or for him, he does not return her or her child, because this constitutes consumption ²¹. He said: I said: What if the owner in whose possession she was gave her as a gift to a man, then her original owner comes? He said: He takes her; this is not consumption. 145. Al-Awza'i said: Her owner takes her from the one to whom she was given, and pays him the price. 146. I said to Sufyan: Regarding a mother of a child ²², a mudabbara ²³, or a mukataba ²⁴ belonging to a Muslim, which the enemy has seized, then the Muslims capture her? He said: She is not divided if it is known that such is the case. I said: What if her owner finds her in the possession of a man who bought her from the division ²⁵ or from the enemy? He said: He takes her without payment. I said: What if the buyer freed her? He said: His emancipation is not valid. I said: What if she bore a child from him? He said: He returns her to her owner, but does not return his child from her; rather, he assesses the value of his child at a price that is not sold, then pays their price along with their mother to her master, and does not return with her any compensation ²⁶ if he had intercourse with her. If the mother of a child or the mudabbara instructed him to buy them and guaranteed the price to him? He said: It is a debt upon them if they are freed, and the master takes them without the price. If the mukatab instructed him to buy him and guaranteed the price, it becomes a debt owed to him by the mukatab. I asked someone else, he said: The master takes them without price, and the mukatab remains on his kitaba ²⁷. If the mukatab instructed him to buy him and guaranteed the price, it is a debt upon him, to be pursued, just as they are pursued for his debt. If he fails to pay his kitaba, his master has the choice: if he wishes, he pays the price for which he was bought, and if he wishes, the slave is sold for his debt. 147. Al-Fazari narrated from Ibn Abi 'Aruba from Qatada, who said: 'Ali was asked about a mukatab who was captured and a Muslim man bought him from the enemy. 'Ali said: O Bakr ibn Qirwash, speak concerning her. He said: Allah knows best. 'Ali said: I am the servant of Allah and the cousin of the Messenger of Allah, may Allah bless him and grant him peace. If his master wishes, he ransoms him for the price for which he was bought, and he remains with him on the remainder of his kitaba. If he refuses, then he is the slave of this man on the remainder of his kitaba, and his wala' ²⁸ belongs to him. 148. Al-Awza'i said: If the enemy seizes a mother of a child, a mudabbara, or a mukataba belonging to a Muslim, and she apostatizes, and one of them takes her and she bears a child by him, then the Muslims capture her and her child. Islam is presented to her; if she refuses, she is killed; if she returns to Islam, she is returned to her master, and her child is detained with her. When her master dies, her child is released with her as free. The child of the mudabbara is detained with her; if her emancipation takes effect after her master's death, he is free. If her master's debt encompasses her person, she is returned to slavery, and her child is sold, and its price is placed in the treasury of the Muslims. The mukataba is returned to her master, and her child is detained with him. If she pays her kitaba, her child is released with her as free. If she fails, she is returned to slavery, and her child is sold, and its price is placed in the treasury of the Muslims, because if a Muslim's female slave is seized by the enemy, then the Muslims capture her and she has a child from the polytheist, and a man buys her and her child from the division, and she dies before her master comes, she is from the property of the buyer. If she is alive, she is also from his property; he may have intercourse with her if he wishes, because of his liability for her, until the first owner takes her from him if he wishes.

1. مَا يَرُدُّ الْمُسْلِمُ عَلَى الْمُسْلِمِ : A phrase meaning 'what a Muslim returns to a Muslim,' referring to the legal principle of returning property that was captured by the enemy and later recovered by Muslims.
2. قُسِمَ : Divided or distributed as spoils of war among the Muslim army.
3. الرُّومِ : The Byzantines, i.e., the Eastern Roman Empire.
4. الْيَرْمُوكِ : The Battle of Yarmuk (636 CE), a decisive Muslim victory against the Byzantines.
5. الْمُشْرِكُونَ : Polytheists, referring to non-Muslim enemies in the context of war.
6. سَعْدٍ : Sa‘d ibn Abi Waqqas, a prominent companion and military commander.
7. خُمْسِ الْإِمَارَةِ : The commander's fifth, i.e., the one-fifth share of the spoils allocated to the leader for public treasury and distribution.
8. أَحْرَزَ الْعَدُوُّ : What the enemy has secured or taken possession of, bringing it into their control.
9. يُفِيئُهُ اللَّهُ : Allah returns it, i.e., restores the property to the Muslims as booty.
10. السُّنَّةُ : The established practice or precedent, often referring to the Prophet's tradition.
11. خُمِّسَ : Subjected to khums, the one-fifth tax on spoils of war.
12. مَا غَلَبَ عَلَيْهِ الْبَحْرُ : What the sea overwhelms, i.e., goods lost at sea and later recovered.
13. الْأَمَةِ : A female slave or slave-girl.
14. الْمَقْسَمِ : The division or distribution of spoils among the army.
15. مُرَادٍ : Murad, a Yemeni tribe.
16. الضَّالَّةِ : A lost animal, which has specific legal rulings regarding return without compensation.
17. بَيْتِ الْمَالِ : The public treasury of the Islamic state.
18. شُرَيْحٍ : Shurayh al-Qadi, a famous early Islamic judge.
19. الشَّرْوَى : The equivalent value or fair market price.
20. عِدَّتَهَا : The waiting period ('idda) a woman must observe after divorce or death of husband, or after being freed from slavery.
21. istihlak : Consumption; a legal term meaning that the item has been used or transformed in a way that makes it impossible to return it in its original state.
22. umm walad : A female slave who has borne a child to her master, thereby gaining certain rights and eventually freedom upon her master's death.
23. mudabbara : A female slave who has been promised freedom upon her master's death.
24. mukataba : A female slave who has entered into a contract of manumission, agreeing to pay a sum for her freedom.
25. al-maqsam : The division of spoils among the Muslim army after a battle.
26. 'aqr : Compensation paid to a female slave's owner for her loss of virginity or for sexual intercourse.
27. kitaba : The contract of manumission between a slave and master, stipulating payment for freedom.
28. wala' : The bond of clientage that arises from manumission, giving the former master certain inheritance rights.

Regarding the free person [1] if a Muslim purchases him while he is a captive [2].

Regarding a free person ¹ if a Muslim buys him while he is a captive ²: 149 - Abu Marwan informed me, saying: al-Fazari narrated to us from al-Mughira from Ibrahim, who said: "If the enemy captures a free man, and a man buys him from them, the captive remains for the buyer in what he bought him for, and he is not enslaved ³, even if he is from the people of the covenant ⁴. Similarly, he remains for what he was bought for, and there is no enslavement upon him." 150 - al-Fazari narrated to us from Ibn Jurayj, who said: I said to 'Ata': "Free women whom the enemy has captured, and a Muslim buys them from them, may he have intercourse with them?" He said: "No, and he does not enslave them, but he gives them their own selves for what he took them for, and he does not increase upon them." 151 - He said: And 'Abd al-Karim said the same. He said: "And if she is from the people of the dhimma ⁵, it is likewise." 152 - He said: And 'Ata' said regarding a free man whom the enemy captures, then a Muslim buys him, similar to his statement about women. He said: And 'Amr b. Dinar said the same. 153 - al-Fazari narrated to us, saying: al-Awza'i said: I asked al-Zuhri about a Muslim or a dhimmi whom the enemy captured, then a man bought him from them: "Is it permissible for him to profit from him?" He said: "No." 154 - al-Awza'i said: And I heard a man asking Makhul about a Muslim slave whom his master freed, then the enemy captured him, and a man bought him from them and freed him: "To whom does the patronage ⁶ belong?" He said: "The buyer has the reward of his money, and his patronage belongs to the first (master)." 155 - I said to al-Awza'i: "If a man buys a free person from the enemy, what is incumbent upon him?" He said: "The free person pays his price to him, and he is not enslaved." 156 - And I asked Sufyan and others about the Muslim and the mu'ahad ⁷ whom the enemy captures, then a man buys him from them. He said: "Nothing is owed to the buyer by either of them, unless they had ordered him to buy them and guaranteed the price." 157 - I said to Sufyan: "If they dispute about the price?" He said: "If the captive acknowledges that he ordered him to buy him but did not specify the price, then the statement is the buyer's. If the captive says, 'I ordered you to buy me for such-and-such,' and the buyer says, 'You ordered me for such-and-such,' then the statement is the captive's." He said: "And Ibn Abi Layla said: The statement is the buyer's." 158 - I said to al-Awza'i: "If the captive and the buyer dispute, and the buyer says, 'I bought you for such-and-such,' and the captive says, 'You bought me for such-and-such'?" He said: "The statement is the buyer's." 159 - al-Awza'i said: "And if the ruler of the Romans ⁸ takes a captive for a Muslim or a dhimmi who was free, he has no claim against the captive." 160 - I said to al-Awza'i: "What do you think about goods of the Muslims that the enemy captured, then the Muslims later recover them?" He said: "Whatever is recovered of that, whether a slave, a slave-girl, an animal, or goods, and it is said, 'This belongs to so-and-so,' and it is known to be so, it is not divided. If its owner is absent, it is placed in the khums ⁹. If it was a rental, it remains with its owner until it is returned to him. Whatever of that has no claimant and no specific owner is known, it is placed in the divisions of the Muslims. If its owner comes before it is divided, he takes it. If he comes after it has been divided, he takes it by paying its value if he wishes." 161 - I said: "If the owner says to the one in whose possession it is, 'I will take it by paying its value, but give me a few days' respite'?" He said: "That is not for him, unless the one in whose possession it is wishes. If its owner wants it, let him pay its price and take his goods; otherwise, he has nothing." 162 - I said: "If they dispute about the price, and the buyer says, 'I bought it for one hundred,' and its owner says, 'You only bought it for fifty,' and the value of the slave does not reach what the buyer says?" He said: "The statement is the buyer's." And Sufyan and others said: "The statement is the buyer's." 163 - I said to al-Awza'i: "If a man buys a slave-girl whom the enemy had captured, and she stays with him for a time, then her owner comes, and she has increased or decreased, does he take her for the price at which this man bought her, or for her value on the day he takes her?" He said: "For the price at which he bought her." I said: "Does he return with her the dower ¹⁰ if he had intercourse with her?" He said: "No; he had intercourse with her while she was lawful for him." 164 - And Sufyan said: "He takes her for the first value on the day she was divided." I said: "Does he return with her the dower if he had intercourse with her?" He said: "No; his intercourse with her is consumption. Do you think if she became one-eyed, or blind, or sick? He only says to him: 'If you wish, take her; if you wish, leave her.'" 165 - I said: "What do you think if he buys her from the enemy, may he have intercourse with her if he wishes while her owner is known?" He said: "What is wrong with that? If her owner comes, he takes her if he wishes by paying the price. If the Muslims capture her and she has a child from the enemy, and her owner comes before she is divided, they return her and her child to her master." 166 - And al-Awza'i said: "The slave-girl is returned to her master as long as she has not been divided, and her child is placed (in the spoils). Whatever wealth she had that was given to her is placed in the divisions of the Muslims. If they capture her while she is pregnant, what is in her womb is a part of her limbs until she gives birth; she and what is in her womb are returned to her master as long as she has not been divided." 167 - I said: "If the enemy captures a slave belonging to a Muslim, then the Muslims recover him, and he has wealth that he earned from them by his own labor?" He said: "I consider his wealth that he earned by his own labor to belong to his master along with the slave. If he earned wealth by his own labor and then bought himself from the enemy, then came (to the Muslims), he is returned to his master." 168 - "And if the slave passes by some wealth of the enemy and takes it, then comes with it, he is given a portion of it, and the rest is for the Muslims." 169 - "And if the Muslims conquer a fortress of the enemy and find slaves and slave-girls who belonged to Muslims but had become Christians, or find with them wealth they had acquired from them, they are offered Islam. Whoever among them accepts Islam is returned to his master if he comes before he is divided. If he refuses, he is killed, and the wealth they acquired and their children are placed in the divisions of the Muslims." 170 - And Sufyan said: "If the slave married among them and had children, then the Muslims capture him, the slave is returned to his master if he comes before he is divided. If his children are from a free woman, his children are free Muslims. If he brought their mother with them willingly, he has no way to her. If he brought her by force, she is subjected to khums ¹¹ and the rest is for the Muslims. If his children are from a slave-girl of theirs whom he married, then she and her children are fay' ¹² for the Muslims, because the slave has no share in the spoils." 171 - al-Fazari narrated to us from Abu Hammad from Sufyan, who said: "If the Muslims capture a man from the polytheists, and between him and those who captured him there is a uterine kinship ¹³, he is not freed for his share in him, because he does not know who his share is until it is divided and becomes part of his portion. Al-'Abbas was captured, and he was the uncle of the Prophet (peace be upon him), but he was not left until he paid the ransom for himself." He said: "And if a Muslim man is present at the spoils and frees a man from the spoils, he is not freed until it is divided and becomes part of his portion." 172 - And it was said to Sufyan: "What do you think if the Muslims divide their spoils and that mahram ¹⁴ becomes shared between him and a group?" He said: "He is freed, and he guarantees (the shares) for his partners." He said: "And if he was a mu'ahad who fought with them, it is the same."

173. Al-Awzāʿī was asked about this and said: He does not become free for his share in it if it is in the general booty ¹⁵; and if it is in a separate spoil ¹⁶ between him and a group, he does not become free likewise. And if it is his father or his brother, [he does not become free] until it comes into his possession, or in a division between him and a group, just as if he freed a captive from the general booty while he was among them, it is not permissible until it comes into his possession, or in a division between him and a group. 174. I asked Sufyān about what the enemy has seized of goods, an animal, or a slave belonging to a Muslim, then the Muslims later capture it. He said: They divide it. I said: Do they divide it while knowing it belongs to a Muslim? He said: Yes, if its owner does not come. I said: And is there any disagreement that it is divided? He said: No. Is not most of what they capture from the spoils ¹⁷ like this? If its owner comes before it is divided, he takes it; and if he comes after it is divided, he takes it for its price if he wants it. 175. I said: If it is known that he is the slave of so-and-so, and two men testify to that, and so-and-so is absent, and the slave says: I am the slave of so-and-so? He said: It is divided and he is not believed. I said: Should one wait for him? He said: If his owner is in the army or nearby, [yes]; otherwise, it is divided. 176. I said: If the slave is sold in the division, then his owner comes before the price is divided? He said: He brings its price, pays it, and takes his slave. I said: Even if its price has not been divided? He said: When it is sold, whatever [the case]. 177. Al-Awzāʿī said: I think that his slave should be returned to him as long as its price has not been divided. And I asked someone else, who said: It is not divided, and the slave is not believed. Even if his master comes claiming him, he is not believed without evidence, because everything the Muslims capture in the enemy's land is spoils which they divide, unless someone comes with evidence for a specific thing he claims before it is divided, then he takes it. 178. I said: If it is an Abyssinian slave known to be a slave, and he says: I am the slave of so-and-so, should one wait for him? He said: No, but it is divided, because the enemy has seized him. 179. I said to al-Awzāʿī: What do you think about what the Muslims capture in the enemy's land of goods or an animal, and it is not known whether it is from the enemy's goods or from the Muslims' goods? He said: It is placed in the division. I said: If its owner comes after it has been divided, he takes it for its price. 180. It was said to him: A purse found in the enemy's land, and it is not known whose it is? He said: It is announced; if its owner comes, [he takes it]; otherwise, it is placed in the division. 181. I asked Sufyān about what is captured in the enemy's land, and it is not known whether it is from the enemy's goods or from the Muslims' goods? He said: It is spoils, unless someone comes who recognizes it. 182. And I asked someone else, who said: It is spoils, unless someone comes who recognizes it, and he is not believed unless he brings evidence, because it is in the enemy's land. I said: If he finds it has been divided? He said: He takes it without price, and the imam ¹⁸ compensates the one who bought it from the treasury ¹⁹. 183. I said to Sufyān: If the enemy raids the Muslims' land, and they capture a slave or an animal belonging to a Muslim, then the Muslims pursue them and rescue it from their hands before they have taken it to their own land, and they sell it among what they sell of their spoils, then its owner comes after it has been divided? He said: He takes it without price, because the enemy had not taken possession of it. 184. I asked al-Awzāʿī about what they capture of that: Is it divided? He said: No. I said: Is it placed in the treasury until its owner comes? He said: Yes. I said: If he comes after it has been divided? He said: He takes it and the buyer pursues his [former] owners. I said: If the army has dispersed? He said: He returns the value to its owner. 185. I said to him: If they capture a Muslim, a dhimmī ²⁰, or a Christian slave, and the Muslim's brother or the slave's master comes to them under safe-conduct ²¹ while they are on land or sea near the city, and ransoms his brother or his slave for one hundred dinars, or with another Christian slave of his, or gives them a pledge until he brings the ransom, and he takes his brother or his slave and they take that from him, then the Muslims pursue them and capture that from them before they reach their land and place of safety, or after they have taken it to their land? He said: If what he ransomed with is from the people's property, it is placed in the Muslims' divisions; if it is from his own property, it is returned to him, because it was the Muslims' duty to ransom him from their fayʾ ²² without his property. So if he bore it from his property instead of them, it is fitting that it be returned to him when it is captured in kind. 186. It was said to him: If a Muslim meets an enemy in their land and fears them before fighting them, and makes peace with them on condition that he gives them his weapon and his animal and they do not harm him, and they do so, then the Muslims later rescue him from their hands? He said: It is like the previous case, returned to its owner. 187. It was said to him: If he is a captive in their hands and gives them a pledge that they release him and he will send them a ransom of one thousand dinars, and they do so and he sends it to them, then the Muslims capture that same [ransom]? He said: It is like the previous case. 188. I said: The people of Malatya ²³—if they had made peace with the enemy when they besieged them, on condition that they give them their weapons, horses, and the fortress, and they did so and they took that from them and brought it to their land, then the Muslims later capture it in the enemy's land? He said: This is also returned to them. He said: And if the Muslims had slaves of theirs which they had captured from them, and they made peace with them on condition that they give them those slaves, and they took them from them, then the Muslims later capture them, they are returned to their owners. 189. It was said to him: A Muslim gives a gift to the enemy, or sells them a Christian slave, or buys from them a Christian slave for an animal or property, and they take that and take possession of it, then the Muslims capture it? He said: Nothing of that is returned to its owner, and it is placed in the Muslims' divisions. If its owner comes before the division, it is not returned to him. 190. Al-Fazārī narrated from a man from Medina, from Muḥammad ibn al-Munkadir, who said: On the day of Uḥud, when the polytheists ascended Uḥud, the Messenger of God ﷺ said to Saʿd: "Drive them back, O Saʿd!" meaning: repel them. He said: "How shall I drive them back, O Messenger of God?" He said: And he narrated to me, then he repeated it, and said the same to him, and Saʿd said the same. Then Saʿd said: The Messenger of God ﷺ says "Drive them back," and I say what I say. If he says it a third time, I will do it. So he said: "Drive them back, O Saʿd, may my father and mother be your ransom." He said: So I took an arrow, then shot from my quiver, and shot a man among them and killed him. Then I shot my arrow, and I took it, recognizing it. Then I shot another man and killed him, and I shot my arrow and took it, recognizing it. Then I shot another and killed him, and I shot my arrow and took it, recognizing it. So they descended from their place, and I said: This is a blessed arrow, bloodied. So I put it in my quiver. 191. Al-Fazārī narrated from ʿAbd Allāh ibn ʿAwn, from ʿUmayr ibn Isḥāq, who said: When the people left the Messenger of God ﷺ on the day of Uḥud, Saʿd began shooting in front of him, and a young man was supplying him with arrows; whenever his arrows ran out, he would say: "Shoot, O Abū Isḥāq!" and he would shoot. He said: Then they looked for that young man afterwards but could not find him.

192 - Al-Fazārī narrated to us from Ibn ‘Awn, from Muḥammad ibn Muḥammad al-Zuhrī, who said: Sa‘d said: On the day of the Trench ²⁴, a man from the polytheists had a shield with which he shielded himself, sometimes covering his face with it and raising it to his eyes, and sometimes lowering it over his face. I took an arrow from my quiver that was mudammā ²⁵ and shot him with it. I cannot forget the sound of it hitting the shield—it struck its edge, and the man fell with his legs raised. I saw the Messenger of God (peace be upon him) laugh until his molars ²⁶ appeared. Ibn ‘Awn said: Al-mudammā is the arrow that a Muslim shoots at the enemy, and then the enemy shoots it back at them. 193 - Al-Fazārī narrated to us from al-Awzā‘ī, who said: It has reached me that the Messenger of God (peace be upon him) prayed for Sa‘d, saying: 'O God, answer his prayer, and make his shot true.' 194 - Al-Fazārī narrated to us from Sufyān ibn ‘Uyayna, from Ismā‘īl ibn Abī Khālid, from Qays ibn Abī Ḥāzim, who said: I heard Sa‘d say: 'I am the first to shoot an arrow in the path of God; Sa‘d shot it.' 195 - I said to al-Awzā‘ī: 'If the enemy is in a fortress and the Muslims besiege it, or the Muslims are in a line and the enemy in a line, and a Muslim shoots an arrow at them, and it falls inside the fortress, or on the wall of the fortress, or hits the fortress and then falls to the ground, or falls in the enemy’s line, and then God grants victory to the Muslims—what about the arrow?' He said: 'Whatever of that is found in the area where the enemy is dominant, whoever recognizes his arrow may take it. What is not recognized from that is placed in the common spoils of the Muslims.' I said: 'Should not what is unrecognized be treated like a lost item?' He said: 'No, but it is like the property of the Muslims that the enemy has seized, because it is in their fortress and in their hands.' I said: 'If someone recognizes his arrow and takes it, may he sell it if he wishes, or is that disliked for him because he used it to draw near to God?' He said: 'It is disliked for him to sell it, but he should put it in his quiver and shoot it again.' He said: 'Whatever of that is found in an area where the Muslims are dominant and no one recognizes it, let it be given in charity to someone more in need than him, and he should not take it as his own property.'

1. ḥurr : A free person, as opposed to a slave.
2. asīr : A captive or prisoner of war.
3. yastariqqu : To be enslaved or reduced to slavery.
4. ahl al-ʿahd : People of the covenant, referring to non-Muslim subjects of an Islamic state who have a treaty (dhimmī or muʿāhad).
5. ahl al-dhimma : Non-Muslims living under the protection of an Islamic state, paying jizya.
6. walāʾ : Patronage or clientage, the legal relationship between a freed slave and his former master.
7. muʿāhad : A non-Muslim who has a treaty (ʿahd) with Muslims, similar to a dhimmī.
8. ṣāḥib al-Rūm : The ruler of the Romans (Byzantines), here referring to a commander or authority.
9. khums : The one-fifth share of spoils allocated to the state or public treasury.
10. ʿaqr : Dower or compensation for sexual intercourse with a slave-girl.
11. khummisat : Subjected to the khums (one-fifth tax), meaning she is treated as part of the spoils.
12. fayʾ : Property acquired from non-Muslims without warfare, or spoils that are not divided but belong to the community.
13. qarābat dhāt raḥim : Uterine kinship, i.e., blood relationship through the mother.
14. maḥram : A close male relative with whom marriage is permanently forbidden (e.g., father, brother).
15. al-ʿāmmah : The general body of the Muslim army or the common booty acquired by the entire army.
16. nafl : Extra or separate spoil granted by the leader to specific individuals before the general division.
17. ghanīmah : Spoils of war taken from the enemy after a battle, subject to division according to Islamic law.
18. imām : The leader of the Muslim community or army, responsible for governance and military decisions.
19. bayt al-māl : The public treasury of the Islamic state, used for the welfare of Muslims and public expenses.
20. dhimmī : A non-Muslim living under the protection of an Islamic state, paying jizyah and enjoying certain rights.
21. amān : Safe-conduct or guarantee of security granted to an enemy or non-Muslim, allowing them to enter Muslim territory safely.
22. fayʾ : Property acquired from non-Muslims without a battle, such as through treaties or surrender, which is not divided as ghanīmah but used for public benefit.
23. Malatya : A city in southeastern Anatolia, historically a frontier region between the Byzantine and Islamic empires.
24. al-Khandaq : The Battle of the Trench (5 AH), where Muslims dug a trench to defend Medina.
25. mudammā : An arrow that has been shot by a Muslim at the enemy and then retrieved and shot back; lit. 'bloodied'.
26. nawājidh : The molars or canine teeth; laughing until they appear indicates intense joy.

Regarding what Muslims may take as spoils in their own lands: Abu Marwan informed me…

Regarding what Muslims may take as spoils in their own lands: Abu Marwan informed me, saying: Al-Fazari informed us, I said to Sufyan: 'If Muslims in the land of their enemy take a Muslim captive who has a wife, a slave-girl, her child, wealth, and a child, and he says: "My wife, my child, and my wealth, and my slave-girl whom I purchased?"' He said: 'If they are in his possession, the oath [1] is upon you to confirm his claim.' Al-Awza'i said:

Regarding what the Muslims capture in their own lands. 196 - Abu Marwan informed me, saying: al-Fazari informed us: I said to Sufyan: If the Muslims capture in the enemy's lands a Muslim who has with him a wife, a slave-girl, her child, property, and a child, and he says: "My wife, my child, and my property, and my slave-girl I bought?" He said: If they are in his possession, the burden of proof is upon you ¹. 197 - Al-Awza'i said: They are his if they are in his possession, unless evidence is established that they belong to the enemy. 198 - I asked someone else: I said: What do you think if they capture a Muslim or a dhimmi ² who has a woman with him and he says: "This is my wife who was taken captive with me," or "my slave-girl I bought?" He said: If he brings evidence and they are in his possession, he is released, and that evidence is required of him. 199 - I said: If they capture a Muslim in their own lands, and he has a woman and a child, and he says: "My wife whom I married and my child?" He said: His wife and his child are free Muslims, because they have become with their father Muslims, and a Muslim cannot be booty ³ even if he embraced Islam in the abode of war ⁴. 200 - I said to al-Awza'i: We captured a Copt ⁵ in the enemy's lands, and he said: "I was taken captive?" He said: He is believed and returned to his dhimma ⁶. I said: What if he had fled from oppression? He said: Likewise. I said: And his wife and child? He said: Yes. I said: What if he is suspected of having fled to them? He said: Yes, he is returned to his dhimma. 201 - I said to Sufyan: A messenger entered the enemy territory under safe-conduct ⁷, and he was able to take out Muslim captives without their knowledge. Do you consider his taking them out as treachery on his part towards them? He said: It is treachery, but there is no harm in it; let him take out whomever he can among them. 202 - It was said to al-Awza'i: A messenger or someone else entered the enemy territory under safe-conduct and ransomed a Muslim captive. Is it permissible for the captive to ambush them and take something from their property without their knowledge? He said: No, because he is under their safe-conduct. 203 - I said: If a man goes out from the abode of Islam ⁸ to the abode of war without the permission of the imam ⁹, then raids them and captures something? He said: It is subject to khums ¹⁰, and the remainder is his. 204 - I said: If a man from the enemy embraces Islam among them, then raids them and captures property and brings it? He said: It is his after khums. He said: It reached me from Ibn Abi Layla that he said: Whatever he captures from them after his Islam is his after khums. 205 - I asked Sufyan about that, and about the one who raids alone from the abode of Islam without permission, and about the captive who captures property from them and brings it. He said: In all of this, it is subject to khums, and the remainder is his. He said: But if he betrayed them and came with property he captured from them, it is returned to them and not subject to khums. 206 - Al-Awza'i said: If a man from the enemy raids them, captures property, then comes with it and later embraces Islam, it is his, with no khums on it. 207 - He said: If a mu'ahid ¹¹ goes out from the abode of Islam to the abode of war, then comes with property from their property, if he captured the property while in their lands, then brought it, it is his. 208 - Al-Fazari narrated to us from Sufyan, from Abu Ishaq, from Abu 'Amr al-Shaybani, who said: Dihya came to the Prophet, peace be upon him, and said: "My child and property have been raided?" The Messenger of God, peace be upon him, said: "As for the property, it has been divided. As for the child, go with him, O Bilal, and if he recognizes his child, give him to him." So he went with him and showed him, and he said: "Do you recognize him?" He said: "Yes," so he gave him to him. 209 - Sufyan said: It is narrated that he had embraced Islam before being raided. 210 - Al-Fazari narrated to us from al-Hajjaj ibn Artah, from Abu Sa'id al-Asadi al-A'sam, who said: When a slave came to the Messenger of God, peace be upon him, before his master and embraced Islam, then his master later embraced Islam, he would not return him to him. But if his master embraced Islam first, then the slave came later and embraced Islam, he would return him to his master. 211 - Al-Fazari narrated to us from al-Hajjaj ibn Artah, from al-Hakam, from Miqsam, from Ibn 'Abbas, who said: When the Messenger of God, peace be upon him, besieged the people of Ta'if, some slaves came out to him and he freed them. 212 - I said to Sufyan: A slave comes and embraces Islam, then his master comes later and embraces Islam? He said: He is not returned to him, and his wala' ¹² belongs to the Muslims. But if the master comes and embraces Islam, then the slave comes later and embraces Islam, he is returned to his master. I asked al-Awza'i and others, and they said the same. 213 - I said to al-Awza'i: If a slave of the enemy's slaves embraces Islam, then the Muslims capture him in their own lands before he comes out to us? He said: He is free, and he is their brother. It was said to al-Awza'i: A Muslim woman whom the enemy captured and she gave birth to a child for one of them, then the Muslims capture her and her children? He said: They are free Muslims. If the father later embraces Islam, those children are attached to him.

1. al-bayyina : Evidence or proof; the burden of proof lies on the claimant.
2. dhimmi : A non-Muslim subject of an Islamic state who is protected under the dhimma contract.
3. fay' : Booty or spoils taken from non-Muslims without a military campaign; also refers to property that becomes state property.
4. dar al-harb : The abode of war; territories not under Islamic rule.
5. qibti : A Copt; an Egyptian Christian.
6. dhimma : The covenant of protection granted to non-Muslims in an Islamic state.
7. aman : Safe-conduct or guarantee of security granted to an enemy.
8. dar al-Islam : The abode of Islam; territories under Islamic rule.
9. imam : The leader of the Muslim community; here, the ruler or caliph.
10. khums : The one-fifth tax on spoils of war and certain other gains.
11. mu'ahid : A person with whom a treaty or covenant has been made; a protected non-Muslim.
12. wala' : The bond of clientage or patronage; the right of inheritance and allegiance between a freed slave and his former master.

Regarding embezzlement [1]

On embezzlement ¹ 214 - He said: And Abu Marwan informed me, saying: Al-Fazari narrated to us, saying: I asked Al-Awza'i about embezzlement, saying: Is the punishment for it the same, whether small or large? He said: It is the same. 215 - I said: Should the embezzled property be burned? He said: No. I said: Should his belongings be burned? He said: Yes. I said: Should his share ² be forfeited? He said: Yes. 216 - I said: And the share of his horse? He said: Yes, he is not given anything from his expedition, and the imam's discretion applies to his punishment. 217 - I said: What if he has consumed what he embezzled? He said: The imam makes him pay compensation, and burns his belongings. 218 - I said: And what of his belongings should be burned? He said: All his belongings with which he went on the expedition, his saddle and packsaddle. I said: And his mounts, and provisions if they were in his saddlebag? He said: No. 219 - I said: Should his weapons be burned? He said: No, nor his clothes that were on him. 220 - I said: What if something of his belongings that were burned remains, which the fire did not consume, such as iron or other things? Is anyone allowed to take it? He said: No, the punishment has been carried out on it; whatever the fire spared, its owner is more entitled to take it. 221 - I said: If a man embezzled, and it was not known until he returned to his family and the embezzled item was found in his house, should his belongings in his house be burned, or his belongings with which he went on the expedition? He said: His belongings with which he went on the expedition. 222 - I said: If embezzled property is found among the belongings of a man who has died, should his belongings be burned? He said: No, because the Messenger of God, peace be upon him, did not burn the belongings of the one whose embezzled property was found among his belongings after he had died. 223 - I said: Should his share be forfeited? He said: Yes, if they have not yet distributed it; if he has already taken his share, it is not taken from him. 224 - I said: If he has consumed the embezzled property, should he be made to pay compensation and its value taken from his inheritance? He said: Yes. 225 - I said: Should the funeral prayer be performed over the embezzler when he dies, if they found the embezzled property among his belongings? He said: As for the Messenger of God, peace be upon him, he refrained from praying over him and said, "Take care of your companion." I said: Should the general public pray over him? He said: Yes. 226 - I said: Regarding a boy who has not reached puberty, if he embezzles, should his belongings be burned and his share forfeited? He said: His belongings are not burned, but his share is forfeited. I said: Should he be made to pay compensation if he has consumed it? He said: Yes, if he has any property. 227 - I said: And a woman, if she embezzles, should her belongings be burned? He said: Yes. I said: And the punishment? He said: That suffices for her. 228 - He said: And a slave, if he embezzles, the imam has discretion over his punishment, and his belongings are not burned because they belong to his master. I said: Should his master be made to pay compensation if the slave has consumed the embezzled property? He said: It is against the slave's person; if his master wishes, he may ransom him, and if he wishes, he may hand him over for his crime. 229 - I said: And a protected non-Muslim ³, if he embezzles, should his belongings be burned? He said: I see no harm in that, if he was employed against the enemy, because he has a share in it. 230 - I said: And a hired worker who steals from the spoils? He said: His hand is cut off, because he has no share in it. 231 - I said: A man is found with embezzled property, and he says, "I bought it" or "I took it by mistake"? He said: The punishment is reduced for him. 232 - I said: And his belongings are not burned if there is a doubt? He said: No. 233 - I said: A man bought something from the distributor of shares ⁴ and did not pay him its price until the army dispersed, then he demanded payment from him; should he pay him? He said: If he does, let him remove it from his neck [i.e., discharge his responsibility]; if he does not demand it, let him give it in charity on behalf of that army. 234 - I said: If it is known that the distributor of shares, if he takes it from him, is unable to give it to its rightful owners, should he pay it to him or to the commander of that army? He said: If they suspect him, let him give it in charity on their behalf. 235 - I said: What do you think of a man who mates his horse with a horse from the spoils, or a horse from the spoils with his horse? He said: He should seek forgiveness from God and not repeat it. If what he did caused harm to the horse, he is liable. I said: And what about the offspring of his horse from that horse? He said: It belongs to him. 236 - I said: Is embezzlement the same if it is found with a man after it had been brought to the distribution and he took it from there, or if he embezzled it before bringing it to the distribution? He said: It is the same, and it is embezzlement; if he stole it from the spoils before division, it is worse, because it is embezzlement and it has not been divided.

1. ghulul : Embezzlement of war booty before its distribution; a major sin in Islamic law.
2. sahm : Share of the spoils allocated to a warrior or his horse.
3. mu'ahad : A non-Muslim who has a treaty of protection (dhimma) with the Muslim state.
4. sahib al-maqsam : The official responsible for distributing the spoils of war among the entitled recipients.

The two arrows of the horse [1]

The Shares of Horses 237 - Abu Marwan informed me, saying: al-Fazari narrated to us from al-Awza'i, who said: I heard a man asking 'Ata' ibn Abi Rabah: "Who was the first to assign shares to horses?" 'Ata' said: "I do not know." The man said: "Al-Hasan said: 'The Messenger of Allah ¹ was the first to assign shares to them.'" So 'Ata' said: "Al-Hasan knows best." 238 - Al-Fazari narrated to us from Ibn Jurayj, from Sulayman ibn Musa, who said: The first to assign two shares to a horse, according to what reached them from the Prophet ¹, was... He said: And they said: For its owner, one share. 239 - Al-Fazari narrated to us, saying: Ibn Jurayj said: And I was informed from Salih ibn Kaysan that the Prophet ¹ divided on the day of al-Nadir ² for thirty-six horses, for each horse two shares, and divided on the day of Khaybar ³ for two hundred horses, for each horse two shares. 240 - Al-Fazari narrated to us from 'Ubayd Allah ibn 'Umar, from Nafi', from Ibn 'Umar, who said: The Messenger of Allah ¹ divided on the day of Khaybar ³ for the horse two shares and for the man one share. He said: Nafi' said: So if a man had a horse, he took three shares; if he was alone, he took one share. 241 - Al-Fazari narrated to us from Hisham, from al-Hasan, who said: Horses and mules ⁴ have equal shares. If a man goes on a raid with horses, shares are given for two horses, and he takes five shares. 242 - Al-Fazari narrated to us from Sufyan, from Wasil al-Ahdab, who said: I read the letter of 'Umar ibn 'Abd al-'Aziz: "For the horse two shares, and for the man one share. Should I prefer them over what the Messenger of Allah ¹ prescribed and reduce them?" 243 - Ibn Waddah narrated to us, saying: Abu al-Tahir narrated to us from Sufyan, from Ibrahim ibn al-Muntashir, from his father: The horses raided in al-Sham ⁵ and over the people was a man from Hamdan ⁶ called al-Mundhir ibn Abi Hamdah al-Wadi'i. The Arabian horses ⁷ caught up on the same day, and the pack horses ⁸ caught up the next day. So he said: "I will not make what caught up like what did not catch up." So he wrote to 'Umar about that, and 'Umar wrote: "May the Wadi'i's mother lose him! He has reminded me of it. Carry it out as he said. He is the first to establish a sunna ⁹ regarding horses in Islam." Sufyan said: The poet said concerning that: [al-Tawil meter] And from us is he who established a sunna regarding horses, And before that, their shares were equal. Sufyan said: And al-Sha'bi ¹⁰ used to call Hamdan ⁶ the essence of musk. Ibn Waddah said: And Muhammad ibn Mas'ud narrated it to me from Sufyan, and Abu Marwan and others narrated it to me from Sufyan. 244 - Al-Fazari narrated to us from Sufyan ibn 'Uyaynah, from Ibrahim ibn Muhammad ibn al-Muntashir, from Ibn al-Aqmar: That the horses raided in al-Sham ⁵ and over the people was al-Mundhir ibn Abi Hamdah al-Wadi'i. The Arabian horses ⁷ caught up, and the pack horses ⁸ came the next morning. So he said: "I will not make what caught up like what did not catch up." So he wrote to 'Umar about that, and 'Umar wrote: "May the Wadi'i's mother lose him! He has reminded me of it. Carry it out as he said." 245 - Al-Fazari narrated to us from Sufyan, from Salamah ibn Kuhayl, who said: Our companions used to narrate from the companions of Muhammad ¹ that they used to assign two shares to the horse and one share to the man. 246 - Al-Fazari narrated to us from Ibn Jurayj, who said: I heard 'Abd Allah ibn 'Ubayd ibn 'Umayr al-Laythi narrating to 'Ata' that a man came to 'Umar and said: "O Commander of the Believers ¹¹, so-and-so has made my horse a hybrid ¹²." So 'Umar sent for him. Ibn Jurayj said: 'Amr ibn Dinar informed me that it was Salman ibn Rabi'ah. He said: "O Commander of the Believers ¹¹, bring me a purebred horse ¹³ and a shield." So he scooped water with the shield and brought the purebred ¹³ close; it straightened its forelegs and stretched to drink. Then he brought the other horse; it was short-legged and crouched. He said: "Take it, O Commander of the Believers ¹¹." So 'Umar approved his judgment and enforced it. 247 - Al-Fazari narrated to us from Ibn Jurayj, from Sulayman ibn Musa, who said: If a horse is a hybrid ¹², it gets one share. He said: And they said: And its owner gets one share. He said: And the people thereafter get one share each. He said: If a man goes on a raid with horses, each horse gets two shares. He said: I said: Even if slaves fight on them? He said: Yes. 248 - Al-Fazari narrated to us from Abu Raja', from Sufyan, who said: It reached me from one who witnessed the conquest of Jalula' ¹⁴, who said: I had two horses with me, and I received my share and the two shares of my horses, lacking something from forty thousand. 249 - Al-Fazari, from Abu Raja', from Musa, from 'Uthman ibn al-Aswad, who said: 'Umar sent Salman ibn Rabi'ah over an army, and 'Amr ibn Ma'di Karib and Tulayhah al-Asadi marched with him. They met the enemy and defeated them, and they obtained much booty. When he returned, he camped and divided the booty among them, and ordered the horses to be presented to him. He assigned shares to them, but only assigned shares to each purebred ¹³. Then a horse of 'Amr's passed by him that had some coarseness. Salman said: "It is a hybrid ¹², and I do not want to assign a share to it." So 'Amr became angry and said: "Indeed, only a hybrid knows a hybrid." Then Ibn al-Ashtar, who was from his clan, stood up, took his hand, and moved him aside. Then he said: "O 'Amr, do you think you are in a place where water is abundant in the desert? Do you not know that this is Islam and the matter of Jahiliyya ¹⁵ has vanished? If we were commanded concerning you, we would take you for it." 'Amr said: "Would you do that?" He said: "Yes, by the One by whom one swears." So 'Amr said: "Today I have known humiliation." Their matter reached 'Umar, so he wrote to Salman: "Peace be upon you. To proceed: Your treatment of 'Amr has reached me, and you did not do well in that, nor did you act beautifully. When you are in a similar place in the land of war, look to 'Amr, Tulayhah, and their like, bring them close to you, and listen to them, for they have knowledge of war and experience. When you reach the land of Islam and their garrison, then place them in the station they have placed themselves, and bring close to you the people of fiqh ¹⁶ and the Qur'an ¹⁷." And he wrote to 'Amr: "Peace be upon you. To proceed: Your silencing of your commander and your insulting him have reached me. It has reached me that you have a sword you call al-Samsamah ¹⁸, and I have a sword I call Musib ¹⁹. I swear by Allah that if I place it on your head, I will not raise it until I cut you with it." When 'Umar's letter came and he read it, he said: "I swear by Allah, if he intends to do it, he will do it." 250 - Al-Fazari narrated to us from 'Amr ibn Maymun, who said: Ja'wanah ibn al-Harith wrote to 'Umar ibn 'Abd al-'Aziz: "To proceed: A man goes on a raid with me with a weak, emaciated horse that has no value except that it is called Arabian, and another man goes with a strong mule ⁴ that is not Arabian. What does the Commander of the Believers ¹¹ see regarding their shares?" So 'Umar wrote to him: "Inform the owner of the weak, emaciated horse that you will provide him with his share whether he leads it afterwards or leaves it. As for the mules ⁴ that are impressive in running and appearance, assign shares to them as you assign shares to Arabian horses ⁷." He said: And 'Umar wrote to the commanders of the frontiers ²⁰: "To proceed: The shares during the time of the Messenger of Allah ¹ were two shares for the horse and one share for the man. I did not think anyone would intend to reduce an obligation prescribed by the Messenger of Allah until some men who used to fight fortresses did that. So return the shares to what they were during the time of the Messenger of Allah: two shares for the horse and one share for the rider. How can horses be reduced when they are for their night patrols, by Allah's permission, and their day patrols, and their pursuit of what they wish to pursue?"

251. Sufyan said: "The shares for horses and mules are equal. If a man goes on a raid with two horses, he is given five shares, and no more than that is given for horses." ²¹ Al-Awza'i said: "No more than two horses are given shares, and their owner takes five shares, even if he does not fight on them, if he goes on the raid with them. The owner of a horse takes three shares: one share for himself and two shares for his horse." 252. "What resembles them from the hybrid horses ²² is attached to them, and what resembles the hybrids from the mares ²³ is given a share for him and a share for his horse. What is from the pack horses ²⁴ and similar mules is not given shares." 253. I said to him: "The sea—they carry horses in their ships with them. Is the owner of a horse given a share at sea as he is given a share on land?" He said: "Yes." 254. Sufyan was asked about a man who bought a horse, went on a raid on it, took his share, then the horse was returned due to a defect. He said: "The share is his because of his liability." 255. Al-Fazari narrated from Hisham, from al-Hasan, who said: "Mules and the owner of a camel each have one share." 256. Al-Fazari narrated from Yazid ibn al-Simt, from al-Nu'man, from Makhul, who said: "The Messenger of Allah (peace be upon him) gave two shares for a horse and one share for each man on the day of Khaybar." 257. Al-Fazari narrated from Ibn Jurayj, who said: I heard Ibn Shihab being asked about the people of the covenant ²⁵ who go on raids with the Muslims. He said: "They have shares like the shares of the Muslims. The Messenger of Allah (peace be upon him) had granted that to Jews who went on raids with him; he gave them shares like the shares of the Muslims." 258. Al-Fazari narrated from Sufyan, from Jabir, from al-Sha'bi, who said: "Those of the imams ²⁶ we encountered, both their jurists and others, when they went on raids with them with the people of the dhimmah ²⁷, they would reduce their jizyah ²⁸ or give them additional grants." 259. Al-Fazari narrated from al-Awza'i, who said: Al-Zuhri used to say: "Shares are given to the people of the dhimmah when they go on raids with the Muslims like the shares of the Muslims." He said: "Our elders used to say: They are given one share, and their horse one share." 260. Al-Fazari narrated from Isma'il ibn Muslim, from some of the people of Mecca, that 'Umar used to say: "They have nothing from the spoils, but they are given a gift"—meaning the woman and the slave. 261. Al-Fazari narrated from Hisham, from al-Hasan, who said: "They are not given shares, but they are given a gift." 262. Al-Fazari narrated from al-Hajjaj ibn Artah, from 'Ata', from Ibn 'Abbas, and from 'Amr ibn Sa'id, from Sa'id ibn al-Musayyib, that they both said: "The slave has nothing from the spoils." 263. Al-Fazari narrated from 'Abdullah ibn Harun, who said: Muhammad ibn Zayd narrated to me, who said: 'Umayr, the freed slave of Abi al-Lahm, narrated to me, saying: I went on the raid of Khaybar with the Messenger of Allah (peace be upon him) while I was a owned slave. When we conquered it, I said: 'O Messenger of Allah, my share?' He gave me a sword, and I girded it, and he drew a line on the ground, and gave me from the household goods." 264. Al-Fazari narrated from Kulayb ibn Wa'il, from Hani' ibn Qays, from Habib ibn Abi Mulaykah al-Nahdi, who said: I was sitting with Ibn 'Umar when a man came to him and said: "O 'Abdullah ibn 'Umar, was 'Uthman present at the Pledge of Ridwan ²⁹?" He said: "No." He said: "Was he present on the day of Badr?" He said: "No." He said: "Was he present on the day the two hosts met ³⁰?" He said: "Yes." The man left, and it was said to Ibn 'Umar: "This man will go back to his companions and tell them that you spoke ill of 'Uthman." He said: "Did I do that?" He said: "That is what he says." He said: "Bring the man back to me." So they brought him back. He said: "Did you remember what I said to you?" He said: "Yes, I asked you about such and such, and you said such and such, and I asked you about such and such, and you said such and such." Ibn 'Umar said: "As for the Pledge of Ridwan, the Messenger of Allah (peace be upon him) had sent him to the people of Mecca to ask their permission to enter Mecca, but they refused. So the Messenger of Allah stood and pledged allegiance for him, saying: 'Indeed, 'Uthman has gone on the business of Allah and the business of His Messenger, and I pledge allegiance for him.' So the Messenger of Allah clapped one hand on the other. As for the day of Badr, he stood and said: 'Indeed, 'Uthman has gone on the business of Allah and the business of His Messenger.' So the Messenger of Allah assigned a share for him, and he did not assign a share for anyone else who was absent besides him. Then he recited to them: {Indeed, those of you who turned back on the day the two hosts met} [Al 'Imran: 155] to the end of the verse. Then he said: 'Go now, and strive against me with all your might.'" 266. Al-Fazari narrated from Ibn Abi Unaysah, from 'Amr ibn Shu'ayb, from his father, from his grandfather, who said: A letter was written to 'Umar about a slave who found a jar of gold. 'Umar wrote: "The slave has nothing from the spoils, so give him a small portion from it to encourage them to deliver that." 267. Al-Fazari narrated from Ibn Jurayj, from 'Amr, that a slave found a buried treasure ³¹ during the time of 'Umar. 'Umar took it from him, then bought him from it, freed him, gave him some of it, and placed the rest in the treasury of Allah ³². 268. Al-Fazari narrated from Ibn Jurayj, who said: 'Ata' said: "We heard that a slave is not registered in a diwan ³³, nor is zakat ³⁴ taken from him." 269. Ibn Jurayj said: 'Amr informed me, from al-Hasan ibn Muhammad, who said: Some of the Ghifaris informed me that their slaves witnessed Badr, and 'Umar used to give them three thousand dirhams each. 270. Al-Fazari narrated from Sharik, from 'Abd al-Karim al-Jazari, from Makhul, who said: A man wanted to go on a raid with another man, but he refused until he made a wage for him for that. He did so, then that was mentioned to the Prophet, and he said: "His wage is from that raid of his, whatever he took." 271. Al-Fazari narrated from Isma'il ibn Muslim, from 'Ata', from Safwan ibn Ya'la ibn Umayyah, from his father, similar to that. 272. I asked Sufyan and others about the woman, the slave, the child, the deceased in the enemy's land, and the hired man. They did not consider any of them to have a share, nor the boy who has not reached puberty who is taken on a raid, unless he fights, in which case he is given a small portion. Sufyan did not consider the deceased to have a share, even if he crossed the border ³⁵, unless he had obtained the spoils and then died. 273. He said: "As for the hired man, he is given a share if he goes on the raid and fights, and the one who hired him is relieved of his obligation in proportion to what he was occupied from." Others said: "The hired man does not fight except with the permission of the one who hired him. If he permits him, he is given a share." 274. I asked al-Awza'i about the slave and the hired man who go on raids with the Muslims: Are they given shares? He said: "We heard that slaves and hired men are not given shares, nor the craftsmen ³⁶." 275. I said: "What about the mukatab ³⁷?" He said: "He is a slave like him." He said: "They are not given a small portion unless they bring spoils or have a notable deed, in which case they are given a small portion. The hired man only has his wage for which he was hired, whether they gain spoils or not." 276. He said: I said: "What about merchants who go on raids? Are they given shares?" He said: "Yes, except the craftsmen." I said: "Who are the craftsmen?" He said: "The arrow maker, the blacksmith, the farrier, and the like." 277. He said: "We heard that the Prophet (peace be upon him) gave a small portion to slaves who went on raids with him." He said: "The mudabbar ³⁸ is not given a share. If his master dies before the spoils are divided, he is given a share. Whoever dies after crossing the border in the enemy's land is given a share. And every merchant or Muslim captive who joins the Muslims [is given a share]." 278. Al-Awza'i said: "He goes on a raid on behalf of his master with the permission of the imam, and he guards for a wage." He said: "This is an innovation that is not valid, and he is not given a share if he goes on a raid."

279. It was said to him: What about a man who goes on a military expedition with another man who carries his heavy loads, on condition that he serves him and tends to his mount? He said: This one receives a share ³⁹. He is merely a man who has attained participation through work in the expedition in the way of Allah. The hired man ⁴⁰ is only one who takes worldly goods for his work. 280. It was said: What about the muleteer ⁴¹? He said: If the muleteer is known for hiring out his mounts, he does not receive a share. But if he goes on the expedition on his own mount and hires out another, he receives a share. Hiring out during the expedition is an innovation. 281. I said: What do you think if the commander of the sea expedition sets out, sends ships for a raid, and goes himself to Tripoli, and the booty is obtained, or his raiding party obtains booty? He said: I think they share. 282. It was said: What if a man's horse dies after he has entered the enemy territory but before the booty? He said: A share is given for his horse. 283. It was said: What if the man dies before the booty and his horse remains unsold, then they obtain booty? He said: No share is given for his horse. 284. It was said: What about a man who buys a horse and stipulates its share after they have obtained booty? He said: I see no harm if the price is more than the share, for a man may buy a slave and his property. 285. It was said to him: What about a man whose horse is an Arab ⁴² but it is a hybrid ⁴³? He said: It is referred to the share of its like, which is better. 286. It was said to him: What about a man who goes on an expedition on a weak horse that is of no use, except that it is a thoroughbred ⁴⁴? He said: If he goes on it with him, a share is given.

1. Rasul Allah : Messenger of Allah, referring to the Prophet Muhammad.
2. Yawm al-Nadir : The day of the expedition against the Banu al-Nadir tribe.
3. Khaybar : The oasis north of Medina conquered by the Muslims in 628 CE.
4. Baradhin : Mules or non-Arabian horses; pack animals.
5. al-Sham : Greater Syria, including modern Syria, Lebanon, Jordan, and Palestine.
6. Hamdan : A Yemeni tribe.
7. al-'Irab : Purebred Arabian horses.
8. al-Kawadin : Pack horses or inferior horses; also mules.
9. Sunna : A precedent or established practice, often referring to the Prophet's traditions.
10. al-Sha'bi : A prominent early Muslim scholar and jurist.
11. Amir al-Mu'minin : Commander of the Believers, a title for the caliph.
12. Hajin : A hybrid horse, of mixed breed, considered inferior.
13. 'Atiq : A purebred or noble horse.
14. Jalula' : A town in Iraq, site of a battle during the Muslim conquest.
15. Jahiliyya : The pre-Islamic period of ignorance.
16. Fiqh : Islamic jurisprudence.
17. Qur'an : The holy book of Islam.
18. al-Samsamah : A famous sword of 'Amr ibn Ma'di Karib.
19. Musib : A sword name meaning 'the correct' or 'the hitting the mark'.
20. Thughur : Frontier posts or border regions.
21. sihām : Shares of the spoils allocated to participants in a military expedition.
22. hujun : Hybrid horses, crossbred between Arab and non-Arab horses.
23. maqārīf : Mares, specifically those of mixed breed.
24. armāk : Pack horses or low-quality horses used for transport.
25. ahl al-'ahd : People of the covenant, referring to non-Muslims who have a treaty with the Muslims.
26. a'imma : Leaders, here referring to early Muslim caliphs or governors.
27. ahl al-dhimmah : Protected non-Muslim subjects under Islamic rule.
28. jizyah : Poll tax levied on non-Muslims in an Islamic state.
29. bay'at al-riḍwān : The Pledge of Good Pleasure, a pledge of allegiance taken under a tree at Hudaybiyyah.
30. yawm al-taqā al-jam'ān : The day the two hosts met, referring to the Battle of Uhud.
31. rikzah : Buried treasure or a find from pre-Islamic times.
32. bayt māl Allāh : The treasury of Allah, i.e., the public treasury of the Muslim state.
33. dīwān : A register or military payroll list.
34. zakāh : Obligatory alms tax.
35. qaṭa'a al-darb : Crossed the border into enemy territory.
36. qudaydiyyūn : Craftsmen or artisans who accompany the army for services.
37. mukātab : A slave who has made a contract of manumission with his master.
38. mudabbar : A slave whose manumission is contingent upon the master's death.
39. sahm : A share of the spoils of war allocated to a participant.
40. ajīr : A hired worker who receives wages for his labor.
41. mukārī : A person who hires out pack animals for transport.
42. muʿarrab : An Arab horse, considered noble and purebred.
43. hajīn : A hybrid horse, not purebred.
44. ʿatīq : A thoroughbred or noble horse, often of Arabian lineage.

What has been mentioned concerning the oath of allegiance [1]

What has been reported concerning the pledge of allegiance ¹. 287 - Al-Fazari narrated to us, from Zakariyya ibn Abi Za'ida, from al-Sha'bi, who said: "The first Muhajirun ² are those who witnessed the Pledge of Ridwan ³." 288 - Al-Fazari narrated to us, from Sufyan ibn 'Uyayna, from Isma'il ibn Abi Khalid, who said: "The first to reach the Prophet, peace be upon him, on the day of the pledge was Abu Sinan al-Asadi. The Prophet, peace be upon him, said to him: 'Upon what do you pledge?' He replied: 'Upon what is in your soul.'" 289 - Al-Fazari narrated to us, from Ibn 'Uyayna, from Abu al-Zubayr, who said: Jabir said: "We did not pledge upon death, but we pledged that we would not flee." 290 - Al-Fazari narrated to us, from al-A'mash, from Abu Sufyan, from Jabir, who said: "On that day we were one thousand four hundred." 291 - Al-Fazari narrated to us, from Sufyan, from 'Amr ibn Dinar, from Jabir, who said: "We were one thousand four hundred on that day." He said: "And the Messenger of Allah, peace be upon him, said: 'You are on that day the best of the people of the earth.'" He said: "And Jabir said: 'If I had sight, I would show you the place of the tree.'" 292 - Al-Fazari narrated to us, from Khalid al-Hadhdha', from al-Hakam ibn al-A'raj, from 'Abdullah ibn al-Mughaffal, who said: "We pledged to the Messenger of Allah, peace be upon him, on the day of al-Hudaybiyya ⁴ that we would not flee, and we did not pledge to him upon death." 293 - Al-Fazari narrated to us, he said: I said to al-Awza'i: "If an imam ⁵ is faced with a numerous enemy and fears for those with him, and says to his companions: 'Come, let us pledge to one another that we will not flee,' and they pledge accordingly?" He said: "How excellent this is." I said: "What if a group does that without the imam?" He said: "If they do that among themselves, it is like a contract without a pledge." 294 - Al-Fazari narrated to us, from 'Abdullah ibn 'Awn, who said: I wrote to Nafi' asking him about the saying of Allah: {And whoever turns his back to them on that day—unless maneuvering for battle or joining a company—has indeed incurred wrath from Allah} [al-Anfal 8:16]. Was that on the day of Badr ⁶ or after it? He wrote to me: "That was only on the day of Badr." 295 - Al-Fazari narrated to us, from Isma'il ibn Muslim, from al-Hasan, who said: "That was only on the day of Badr specifically." 296 - And Isma'il said: "The Prophet, peace be upon him, stayed in Mecca as long as Allah willed without being commanded to fight. When he was commanded to fight, whoever fled from him fled to no company. But today, wherever a man flees, he flees to a company." 297 - Al-Fazari narrated to us, from Ibn 'Uyayna, concerning the saying of Allah: {And if He had shown them to you as many, you would have lost courage} [al-Anfal 8:43]. He said: "You would have lost courage, and that would have been seen on your face, and your companions would have lost courage." 298 - Al-Fazari narrated to us, from Sharik, from Layth, from Mujahid, concerning the saying of Allah: {Have you not seen those who were told, 'Restrain your hands, establish prayer, and give zakah'? But when fighting was prescribed for them, at once a party of them feared people as they fear Allah or with even greater fear, and said, 'Our Lord, why have You prescribed fighting for us? If only You would delay us for a short time'} [al-Nisa' 4:77]. Then he said: "It is the verse in Surat al-Baqara: {Have you not seen the assembly of the Children of Israel after Moses, when they said to a prophet of theirs, 'Send us a king, and we will fight in the way of Allah'} [al-Baqara 2:246]." He said: Then he recited until His saying: {But when fighting was prescribed for them, they turned away, except a few of them. And Allah is Knowing of the wrongdoers} [al-Baqara 2:246]. 299 - Al-Fazari narrated to us, from Ibn Jurayj, who said: I said to 'Ata': "What is fleeing from the battle?" He said: "Fleeing is other than maneuvering for battle or joining a company. The saying of Allah." I said: "What if a person flees from a non-battle situation, such as from a projectile in combat, or from people in a fortress?" He said: "There is no harm; that is only in the battle. Allah said: {If there are among you twenty steadfast, they will overcome two hundred; and if there are among you one hundred, they will overcome a thousand} [al-Anfal 8:65]. Then He lightened for them and said: {Now Allah has lightened your burden, and He knows that among you is weakness. So if there are among you one hundred steadfast, they will overcome two hundred; and if there are among you a thousand, they will overcome two thousand by the permission of Allah. And Allah is with the steadfast} [al-Anfal 8:66]. If a man meets one or two men and flees from him or them, it is a major sin. If he meets three men and flees from them, there is no harm, because of the ratio of one man to two." 300 - I said to 'Ata': "Did {Now Allah has lightened your burden} [al-Anfal 8:66] abrogate {If there are among you one hundred steadfast, they will overcome two hundred}? For people fled on the day of Uhud ⁷." He said: "The polytheists on that day were many times their number, and on the day of Badr or Uhud they were more numerous. We do not know that it was abrogated." He said: "And most of those with the Prophet, peace be upon him, on that day were not believers." 301 - Ibn Jurayj said: And 'Amr ibn Dinar informed me that it reached him from Ibn 'Abbas that he made it incumbent upon the Muslims that one man should face ten of the disbelievers, and he said: {If there are among you twenty steadfast, they will overcome two hundred}. Then Allah lightened for them, making it one man against two. He said: Ibn 'Abbas said: "I would not like people to know about Allah's lightening that for them." 302 - Al-Fazari narrated to us, from Sufyan ibn 'Uyayna, from 'Amr ibn Dinar, from Ibn 'Abbas, who said: "It was prescribed for them that twenty should not flee from two hundred. Then He said: {Now Allah has lightened your burden} [al-Anfal 8:66], so it was prescribed that one hundred should not flee from two hundred. So if a man flees from two men, he has fled." 303 - Al-Fazari narrated to us, from Sufyan ibn 'Uyayna, from Ibn Abi Najih, from 'Ata', from Ibn 'Abbas, who said: "If a man flees from three, he has not fled; if he flees from two, he has fled." 304 - Al-Fazari narrated to us, from Isma'il ibn Abi Khalid, from Ma'mar, from Ibn Abi Najih, from Mujahid, who said: "If they are steadfast against them and do not flee, they will overcome two hundred." 305 - Al-Fazari narrated to us, from Sufyan, from al-A'mash, and Mansur, from Abu Razin, from al-Rabi' ibn Khuthaym, concerning the saying of Allah: {Say, 'Flight will not benefit you if you flee from death or killing, and then you will not be allowed to enjoy except a little'} [al-Ahzab 33:16]: "What is between them and their appointed terms." 306 - Al-Fazari narrated to us, from al-Awza'i, from al-Muttalib ibn Hantab, who said: "The people fled from the Messenger of Allah, peace be upon him, on the day of Uhud until only twelve men of the Ansar ⁸ and an ally of Quraysh remained with him. The Messenger of Allah intended to lean his back against Uhud, but a group of polytheists turned towards him. The Messenger of Allah, may Allah bless him and grant him peace, said: 'Is there no man to repel these evil ones from us?' A man from the Ansar stood up and fought until he was killed. Then he said: 'Is there no man?' Another stood up and fought until he was killed. He kept saying: 'Is there no man?' and a man would stand up until they were all killed. Only the Messenger of Allah and the ally remained. Ibn Khalaf saw him and said: 'O company of Quraysh! Ibn Abi Kabsha ⁹ has no one left before him; it is as if he is whispering to a rock.' No one answered him. He charged at the Messenger of Allah, and the ally said: 'O Messenger of Allah, he has charged at you.' He turned away from him and lowered his gaze. He said: 'O Messenger of Allah, he has charged at you.' He turned away from him. Then he said: 'O Messenger of Allah, he has charged at you.' He said: 'When he comes close, inform me.' He said: 'O Messenger of Allah, he has covered you.' So the Messenger of Allah stabbed him with the 'anaza ¹⁰ between his chest, and he returned to his companions and said: 'Ibn Abi Kabsha has killed me.' They looked and saw it was a scratch. He said: 'If it had been upon the people of Dhu al-Majaz ¹¹, it would have killed them.' Then he died." He said: "That was because he had met the Messenger of Allah in Mecca and said: 'I will kill you.' The Messenger of Allah said: 'Rather, I will kill you.'"

**307** - Al-Fazārī narrated to us, from Ibn Jurayj, who said: Ibn Shihāb said: The Muslims and the disbelievers met on the Day of Ḥunayn, and the Prophet (ﷺ) was on a white mule that Farwah had gifted him. The Muslims fled, and the Prophet (ﷺ) began urging his mule forward toward the disbelievers. He said: Al-‘Abbās said: I was holding the bridle of his mule, restraining it, intending that it should not go quickly, while Abū Sufyān ibn al-Ḥārith was holding the stirrup of the Messenger of Allah (ﷺ). The Messenger of Allah (ﷺ) said: "O ‘Abbās, call out: O Companions of the Samurah (the tree of allegiance)!" And I was a man with a loud voice, so I said: "O Companions of the Samurah!" By Allah, it was as if I turned them around like cows turn to their young. The call was among the Anṣār, saying: "O company of the Anṣār!" Then I confined the call to the Banū al-Ḥārith ibn al-Khazraj. He said: Or they said: "O for the Banū al-Ḥārith ibn al-Khazraj!" **308** - Al-Fazārī narrated to us, from Sufyān, from Abū Isḥāq, who said: I heard a man asking al-Barā’ ibn ‘Āzib: "Did you turn your backs on the Day of Ḥunayn?" He said: As for me, I bear witness that the Messenger of Allah (ﷺ) did not turn his back, but some swift men from the people hastened forward, and the Messenger of Allah (ﷺ) was on a white mule. Hawāzin shot them with arrows, and Abū Sufyān ibn al-Ḥārith was clinging to him, while the Messenger of Allah (ﷺ) was saying: "I am the Prophet, no lie; I am the son of ‘Abd al-Muṭṭalib." **309** - Al-Fazārī narrated to us, from ‘Awf, from Khālid al-Raba‘ī, who said: It reached us that the Messenger of Allah (ﷺ) said to ‘Ā’ishah: "Indeed, the passing away of my Ummah (community) is by stabbing and plague (ṭā‘ūn)." She said: "O Messenger of Allah, this stabbing we know, but what is the plague (ṭā‘ūn)?" He said: "A gland like the gland of camels that afflicts one of them in their soft parts (marāqq). The one who dies from it is a martyr, and the one who remains in it, seeking reward (muḥtasib), is like one who stands guard (murābiṭ) in the path of Allah, and the one who flees from it is like one who flees from the battle line (zahf)." **310** - Al-Fazārī narrated to us, from Ibn Abī ‘Arūbah, from Ghālib al-Tammār, from Ḥumayd ibn Hilāl, who said: ‘Umar ibn al-Khaṭṭāb wrote to Abū Mūsā al-Ash‘arī: "Forbid those under your authority from three things: from plundering (nuhbah), from fleeing from the battle line (zahf), and from combining two prayers (ṣalātayn), for indeed they are among the major sins (kabā’ir)." **311** - Al-Fazārī narrated to us, from Sufyān, from Sulaymān al-Taymī, from Abū Mijlaz, and from al-Shaybānī, from Ibrāhīm, concerning the saying of Allah: {You think they are united, but their hearts are divided} [al-Ḥashr 59:14]. He said: "The hypocrites and the People of the Book." **312** - Al-Fazārī narrated to us, from Yazīd ibn Abī Ziyād, from ‘Abd al-Raḥmān ibn Abī Laylā, from ‘Abdullāh ibn ‘Umar, who said: The Messenger of Allah (ﷺ) sent us on a military expedition. We met the enemy, and the people swerved in a single swerve (ḥāṣa ḥayṣatan), and we fled. We said: "We will flee in the land and not come to the Messenger of Allah out of shame for what we did." Then we said: "If only we go to Medina, obtain provisions from it, and equip ourselves." When we came to Medina, we said: "If only we present ourselves to the Messenger of Allah." When we went out at the time of the Fajr prayer, we turned aside and said: "O Messenger of Allah, we are the fugitives (farrārūn)." The Messenger of Allah (ﷺ) said: "Rather, you are the ones who return to battle (‘akkārūn). I am the rallying point (fi’ah) for every Muslim." **313** - Al-Fazārī narrated to us, from Hishām, from Yūnus ibn ‘Ubayd, who said: The Messenger of Allah (ﷺ) was the most beautiful of people, the most generous of people, and the most courageous of people. They heard a sound in Medina and a wind stirred, so the Messenger of Allah (ﷺ) was the first to go out in a shirt with the sword around his neck. There was a horse belonging to a man from the Anṣār that had no speed, so he sat on it and then went toward the sound, and the people followed him. There was nothing, so he returned. The people met him, and he began to say: "Do not be alarmed (lan turā‘ū); it is indeed a sea (baḥr)"—meaning the horse beneath him. He said: That horse was never afterwards sent into a cavalry charge except that it came leading them. **314** - Al-Fazārī narrated to us, from Hishām, from Muḥammad, who said: ‘Umar ibn al-Khaṭṭāb sent al-Aḥnaf ibn Qays over an army toward Khurāsān. The enemy attacked them by night (bayyatahum) and divided their armies into four armies, and they came with drums (ṭubūl). The people were terrified. The first to mount was al-Aḥnaf; he took his sword, girded it on, and then went toward the sound, saying: "Indeed, upon every leader is a right, / To dye the spear or it breaks." Then he charged at the owner of the drum and killed him. When his companions lost the sound, they fled. Then he charged at another battalion (kurdūs), charged at the owner of the drum and killed him. When his companions lost the sound, they fled. Then he charged at another battalion and did the same. Then he charged at another and did the same, while he was alone. Then the people came, and the enemy had fled, so the people followed them, killing. Then they went on until they conquered a city called Marw al-Rūdh. **315** - Al-Fazārī narrated to us, from Ibn ‘Awn, from Muḥammad, who said: An enemy came from the direction of Khurāsān, and the Muslims met them. A man from the Anṣār charged at them until he pierced their ranks three or four times, then he was killed. That was mentioned to Abū Hurayrah, and he recited: {And among the people is one who sells himself seeking the pleasure of Allah, and Allah is kind to [His] servants} [al-Baqarah 2:207]. **316** - Al-Fazārī narrated to us, from Ismā‘īl ibn Abī Khālid, from Qays ibn Abī Ḥāzim, from Mudrik ibn ‘Awf, who said: We were sitting with ‘Umar when a man came to him and began telling him about Ma‘qil ibn Muqarrin on the day of Nihāwand. Then he mentioned a man called ‘Awf ibn Abī so-and-so, who sold himself (sharā bi-nafsihi). A man from the people said: "O Commander of the Faithful, that is my uncle, and some people claim that he threw himself into destruction (tahlukah)." ‘Umar said: "They lied, but he is among those who purchased the Hereafter with the world." The man said: "And others were struck, whom we do not know." ‘Umar said: "But Allah knows them." **317** - Al-Fazārī narrated to us, from Ismā‘īl ibn Abī Khālid, from Qays, who said: On the Day of al-Yarmūk, I saw a man whose wife was pleading with him, and he was saying: "Take this woman away from me. By Allah, if I knew that what she wants would befall her, I would not begrudge her. And indeed, if I am able, I will surely be resurrected on the day this mountain moves from its place. If you are overcome regarding my body, then bury me." I returned to him and found that he had been buried. **318** - Al-Fazārī narrated to us, from Ṣafwān ibn ‘Amr, from Ḥawshab ibn Sayf: That the Byzantines (al-Rūm) encountered Mālik ibn ‘Abdullāh in the land of the Byzantines, then they sought refuge in a fortress. They began calling out: "O Mālik, come to Paradise!" A man from Khath‘am rose up to them, but Mālik restrained him. The man began to weep and say: "I ask you by Allah, do not deprive me of Paradise today!" Mālik said: "We have need of you after today." **319** - Al-Fazārī narrated to us: I asked al-Kalbī about the saying of Allah: {And spend in the way of Allah and do not throw yourselves into destruction} [al-Baqarah 2:195]. He said: As for His saying {in the way of Allah}, it means in obedience to Allah. He said: When this verse was revealed, the Messenger of Allah (ﷺ) urged people to give charity (ṣadaqah). Some people said: "O Messenger of Allah, with what should we give charity?" He said: "Give charity, even if with half a date." Then Allah revealed: {And do good; indeed, Allah loves the doers of good} [al-Baqarah 2:195]. He said: "Whoever increases, it is better for him." He said: And His saying: {And do not throw yourselves into destruction} means: Do not withhold from spending or from charity, lest you perish.

320 - Al-Fazari narrated from Ibn 'Arouba, from Qatada, who said: "They used to go on military expeditions and travel, but they would not spend from their wealth. So Allah revealed this verse: {And spend in the way of Allah and do not throw yourselves into destruction} [Al-Baqarah: 195]. So He commanded them to spend their wealth and strengthen themselves against their enemy." 321 - Al-Fazari narrated from 'Ata' ibn al-Sa'ib, from Sa'id ibn Jubayr, from Ibn 'Abbas, who said: "Destruction is not that one fights, but destruction is abandoning spending." 322 - Al-Fazari narrated from al-A'mash, from Abu Wa'il, from Hudhayfa, who said: "Destruction is abandoning spending." 323 - Al-Fazari narrated from Sufyan, from Abu Ishaq, who said: A man said to al-Bara' ibn 'Azib: "What do you think if a man meets the enemy and charges with his sword and fights until he is killed, has he thrown himself into destruction?" He said: "No." He said: "Then what is destruction?" He said: "A man commits a sin, then throws himself [into despair] saying: 'I will not be forgiven.'" 324 - Al-Fazari narrated from Ash'ath, from Muhammad, from 'Abida, who said: "Destruction is not that a man fights in the way of Allah until he is killed, but rather that he commits a sin and then does no good after it until he perishes." 325 - Al-Fazari narrated from al-Awza'i, who said: I heard al-Qasim ibn Mukhaymira being asked about a man who charges against the enemy. He said: "If he charged against ten thousand, that would not be destruction. Destruction is only abandoning spending." 326 - Al-Fazari narrated from Abu Ishaq al-Shaybani, who said: I heard an old man say: I heard 'Umar ibn al-Khattab say: "For me to die on my bed is more beloved to me than to advance ahead of my battalion and fight until I am killed." He said: I described the old man to our companions, and they said: That is al-Ma'rur ibn Suwayd. 327 - Al-Fazari narrated from Sufyan, from Wasil al-Asadi, who said: I heard al-Ma'rur ibn Suwayd say: I heard 'Umar ibn al-Khattab say: "For me to die on my bed—I think he said—patiently and seeking reward, is more beloved to me than to advance against the people, intending only that they kill me. Does not Allah grant martyrdom? And a man is of great benefit to his companions, sufficient in his place." 328 - Al-Fazari narrated from al-Awza'i, from Yahya, from Muhammad ibn Ibrahim, from Jabir ibn 'Abdullah, who said: The Messenger of Allah, peace be upon him, said: "There is a kind of pride that Allah loves, and a kind that He hates. As for the pride that Allah loves, it is a man's pride in himself during battle. And the pride that Allah hates is pride in falsehood." 329 - Al-Fazari narrated from al-Awza'i, from Yahya, who said: On the day of Uhud, when the Muslims spread the news [of the Prophet's death], a man called Anas ibn al-Nadr said: "O Muslims, why are you holding back? You claim that Muhammad has been killed, but Muhammad was sent by Allah, and Allah is alive and never dies nor is killed." Then he broke the scabbard of his sword, and then he faced the polytheists with his sword, striking them until they surrounded him and a man from Banu 'Abd al-Dar killed him. 330 - Al-Fazari narrated from al-Awza'i, from Yahya, who said: On the day when the Messenger of Allah, may Allah bless him and grant him peace, was wounded, a man from the people said: "My face is more deserving of wounds than your face." Then he advanced and said: "O young men of Jusham, who wants death with me?" 331 - Al-Fazari narrated from al-Awza'i, from Hassan ibn 'Atiyya, who said: The Messenger of Allah, peace be upon him, sent an army that included 'Abdullah ibn Rawaha and Khalid ibn Zayd. When they lined up against the polytheists, a man from them came forward insulting the Messenger of Allah. A Muslim man said: "I am so-and-so son of so-and-so, and my father is so-and-so; so insult me and insult my father and my mother, but refrain from insulting the Messenger of Allah." That only increased the polytheist in insolence, so he repeated the insult. The man repeated his words. He said: "If you do it a third time, I will strike you with my sword." So he repeated it, and the man charged at him. The polytheist turned and fled, and the man followed him until he pierced the polytheist's line, struck him with his sword, but the polytheists surrounded him and killed him. The Messenger of Allah, peace be upon him, said: "Are you amazed at a man who helped Allah and His Messenger?" He said: Then the man recovered from his wound and embraced Islam, and he was called 'al-Rujayl' ¹². 332 - Al-Fazari narrated from Safwan ibn 'Amr, who said: The Muslims met the Byzantines, and the motivators stood up urging the people to fight. A man among them said: "I heard the Messenger of Allah, peace be upon him, say: 'Paradise is veiled by the weapons of the disbelievers, so no one enters into anyone's weapons except that he enters Paradise.'" So a man stood up and said: "Did you hear this from the Messenger of Allah, peace be upon him?" He said: "Yes." He said: "Then will you be my witness before Allah Almighty on the Day of Resurrection?" He said: "Yes." So he charged at them with his sword, striking them until they lifted him on their spears. 333 - Al-Fazari narrated from Ibn 'Uyayna, from Mis'ar, from Abu Bakr ibn Hafs, who said: On the day of Uhud or the day of Badr, the Messenger of Allah, peace be upon him, recited: {And hasten to forgiveness from your Lord and a Paradise whose width is} [Al 'Imran: 133]—one of the two verses, either that in Al 'Imran or that in al-Hadid. A man from the Ansar called Fushum said: "Bakh! Bakh! ¹³" The Messenger of Allah, peace be upon him, said: "What did you mean by saying 'Bakh! Bakh!'?" He said: "If I enter it, I will have ample space in it, O Messenger of Allah. There is nothing between me and it except that we meet these people and be truthful to Allah." So he threw away some dates he had in his hand and said: "Woe to the one who is stingy with the food of this world." 334 - Al-Fazari narrated from 'Abdullah ibn 'Awn, from Musa ibn Anas, who said: On the day of al-Yamama, Thabit ibn Qays entered his house and began to perfume himself with hanut ¹⁴. Anas entered upon him and said: "O uncle, will you not go?" He said: "Now, O son of my brother," while he was wiping his thighs and perfuming himself. Then he stood up and went to the battle line while the people were fleeing. He said: "Thus from our faces we strike the people. Evil is what your peers have accustomed you. This is not how we used to fight with the Messenger of Allah, peace be upon him." Then he fought until he was killed. 335 - Al-Fazari narrated from Hisham ibn 'Urwa, from his father, who said: On the day of al-Yarmuk, they said to al-Zubayr: "O Abu 'Abdullah, charge!" He said: "If I charge, you will lie [about me]." They said: "We will not do that." He said: "Yes, by Allah, you will do it." Then he charged, with no one else from the people with him, until he pierced the polytheists' line, then he stopped. Then he charged a second time, and they took hold of his bridle and struck him two blows on his shoulder. 'Abdullah ibn al-Zubayr, who was guarding him and was ten years old, escaped and began to tend to the wounded.

336. Al-Fazārī narrated to us from Ḥumayd al-Ṭawīl from Anas ibn Mālik, who said: My uncle Anas ibn al-Naḍr was absent from the battle of Badr, so he said: 'I missed the first battle that the Messenger of God (peace be upon him) fought. By God, if God allows me to witness a battle, He will surely see what I do.' When the day of Uḥud came, the Muslims were routed, so he said: 'I apologize to You for what these [people] have done [to their companions], and I disassociate myself before You from what these [others] have brought to the polytheists.' Then he advanced. Saʿd ibn Muʿādh met him and said: 'Where are you going, O Saʿd? Ah, the fragrance of Paradise! I indeed smell it before [reaching] Uḥud.' Saʿd said: 'I could not do what he did.' He went on until he was martyred. Anas said: 'We did not recognize him except by his fingers, because he had been mutilated. We found on him over eighty wounds from sword strikes, spear thrusts, and arrow shots. We used to say that this verse was revealed concerning him and his companions: {Among the believers are men who have been true to their covenant with God} [al-Aḥzāb 33:23].' 337. Al-Fazārī narrated to us from Sharīk from Khuṣayf from Mujāhid, who said: 'His saying: {Then among them are those who have fulfilled their vow} [al-Aḥzāb 33:23] means death; he fulfilled death according to what he had covenanted, {and among them are those who wait} [al-Aḥzāb 33:23] according to what he had covenanted.' 338. Al-Fazārī narrated to us from Hishām from al-Ḥasan, who said: 'A man should not charge against the enemy except with the permission of the leader.' 339. Al-Fazārī narrated to us from Ibn ʿAwn, who said: 'I wrote to Nāfiʿ asking him: May a man charge without the leader's permission? He wrote back to me: He should not charge except with the leader's permission.' 340. He said: Sufyān, al-Awzāʿī, and others disliked that a man should charge without the leader's permission. 341. Al-Fazārī narrated to us, saying: I asked them about a man who is in a situation where he cannot ask the leader's permission to charge. They said: If that is the case, then there is no harm. 342. Al-Awzāʿī said: As long as the leader has not forbidden it, and he cannot ask permission. 343. Al-Fazārī narrated to us from Sufyān from Manṣūr from Abū Wāʾil from Abū Mūsā, who said: The Messenger of God (peace be upon him) said: 'Feed the hungry, visit the sick, and free the captive.' 344. Al-Fazārī narrated to us from Layth from al-Aʿraj from Abū Hurayra, who said: 'Whoever fasts a day in the path of God, God will distance him from Hell by a journey of one hundred years.' 345. Al-Fazārī narrated to us from Suhayl ibn Abī Ṣāliḥ from al-Nuʿmān ibn Abī ʿAyyāsh from Abū Saʿīd al-Khudrī, who said: The Messenger of God (peace be upon him) said: 'No servant stands a day in the path of God except that God distances his face from the Fire by that day by seventy autumns [of travel].' 346. Al-Fazārī narrated to us from Muṭarrif from al-Shaʿbī from Ibn Abī Juḥayfa, who said: I said to ʿAlī: Do you have any revelation besides the Book of God? He said: 'No, by Him who splits the seed and creates the soul, except for understanding that God gives a man in the Qurʾān, or what is in the scroll.' I said: And what is in the scroll? He said: 'The blood-money, the freeing of captives, and that a Muslim should not be killed for a disbeliever.' 347. Al-Fazārī narrated to us from Kathīr ibn ʿAbd Allāh from his father from his grandfather, that in the document of the Prophet (peace be upon him) it was [written]: 'Every group ransoms its captive in a fair and equitable manner among the believers, and it is upon the believers not to leave any burdened [debtor] among them until they give him [help] for ransom or blood-money.' 348. Al-Fazārī narrated to us from Jasr ibn al-Ḥasan that ʿUmar ibn ʿAbd al-ʿAzīz ransomed a Muslim man with two [captives] from the disbelievers. 349. Al-Fazārī narrated to us, saying: I said to al-Awzāʿī: Did ʿUmar ibn ʿAbd al-ʿAzīz ransom Muslim captives? He said: Yes, he sent Ibn Abī ʿAmra with their ransom, and he ransomed some people, then death overtook him. 350. I said: And how did he ransom them? He said: They mentioned a Muslim man [ransomed] with two disbelievers. 351. I said: Is it obligatory upon the leader to ransom Muslim captives from the treasury? He said: Yes, whatever the cost, or with polytheist captives, even if one Muslim [is exchanged] for ten disbelievers. 352. I said: What do you think of a messenger [sent] to enemy lands under safe-conduct to ransom Muslim captives—may the Muslim take anything from their wealth without their knowledge? He said: No, because he is under safe-conduct from them. 353. Al-Fazārī narrated to us from al-Awzāʿī, who said: ʿAbd Allāh ibn Ḥudhāfa al-Sahmī was captured in Caesarea. Their ruler wanted him to apostatize, but he refused. So he ordered a man to be thrown into a copper cauldron to frighten him. Then he was brought and ordered to be placed in a room, which was sealed with clay over him for three days. Pork and wine were placed with him. Then it was opened, and they found he had not touched any of it. He was brought and told: 'He has not tasted anything, and he will die if you leave him.' So he called him and said: 'What prevented you from eating?' He said: 'What prevented me is not that I did not know that necessity has made them permissible for me, but [I feared] that I would make you gloat over Islam.' He said: 'Yes, then kiss my head.' He refused. He said: 'Kiss my head, and I will release eighty of your companions.' He said: 'As for this, yes.' So he kissed his head, and he released eighty Muslims for him. He said: After that, he would be joked with and asked: 'You kissed his head?' He would say: 'God saved eighty Muslims through it.' 354. Al-Fazārī narrated to us from Sufyān from Abū al-Muʿallā from Makḥūl, who said: 'There is no concession for the one compelled to drink wine, because it increases thirst.' 355. Sufyān said: I see no harm in it if one is compelled to it. 356. Al-Fazārī narrated to us from al-Aʿmash from Muslim ibn Ṣubayḥ from Masrūq, who said: 'Whoever is compelled to something that God has forbidden to him, then does not eat or drink until he dies, will enter the Fire.' 357. Al-Fazārī narrated to us from Ibn ʿAwn, who said: I read a letter from al-Ḥasan to Samura ibn Jundub to his sons, and in it was: 'It suffices from necessity, or from compulsion, a morning drink or an evening drink.' 358. Al-Fazārī narrated to us from al-Awzāʿī from Ḥassān ibn ʿAṭiyya, who said: A man came to the Prophet (peace be upon him) and said: 'We are in a land where famine afflicts us, so what is permissible for us from carrion?' He said: 'When you do not have a morning drink, nor an evening drink, and you do not abstain from [eating] herbs, then you may have it.' He said: Meaning 'abstain'—avoid. He said: And we heard that the compelled person eats from it what sustains him, and does not take provision from it. 359. Sufyān said: He should not eat from it until he is full, but there is no harm in carrying some of it, because he fears for himself. 360. I said to al-Awzāʿī: A Muslim woman is captured and they desire her [for sexual intercourse]. He said: She should endure beating. Then he said: And how much can she endure? I said: If she fears death, she submits to them. He said: Then what can she do? As for her, she only comes to them unwillingly, not with an open heart. 361. Sufyān and others said: There is no concession for her to comply with them, unless she is forced to that. 362. Sufyān, al-Awzāʿī, and others said: There is no concession for a captive to point out the weakness of the Muslims, even if he is killed. 363. I said to al-Awzāʿī: A man is captured and given the choice between death and disbelief? He said: Someone who heard Khuṣayf narrating from Ibn ʿAbbās told me: 'The concession is only in speech, not in drinking wine, abandoning deeds, eating pork, or praying towards other than the qibla.' 364. Al-Fazārī narrated to us from al-Awzāʿī, who said: Khubayb prayed two rakʿas at the time of execution, then said: 'If you did not think that I am anxious, I would have prayed four.'

365. I said to Sufyan: "A Muslim man is captured and they want to kill him, and it is said to him: 'Stretch out your neck.' Should he stretch out his neck, fearing that if he does not do so, they will mutilate him?" He said: "I do not like that he should assist in his own killing." 366. I asked al-Awza'i about that, and he said: "I see no harm in it, and I do not consider it assisting in his own killing if he fears that if he does not do so, they will mutilate him or prolong his death." 367. I said: "A man is captured along with his son, and they want to kill both of them. He says: 'Kill my son before me,' intending to seek reward ¹⁵ for him before himself. Do you consider that he assisted in his killing?" He said: "No," but Sufyan disliked it. 368. I said: "A group is captured together and they want to kill them. One of them, fearing death, says: 'Start with this one before me,' referring to one of his companions?" He said: "What he said is bad, but it does not amount to assisting in his killing." 369. I said: "He says to the one who is about to kill him: 'Take my sword, for it is sharper than your sword,' so that he kills him with it, hoping that it will be more merciful?" He said: "I do not like this." 370. I said: "Muslim captives are asked to fight alongside them ¹⁶ against another group?" He said: "Sometimes they ask them to do that, and they stipulate that if they achieve victory, they will release them to return to the land of Islam. If they stipulate that, I see no harm in their fighting, for their intention is to return to the land of Islam. But if they do not stipulate that, they should not fight with them unless they fear for their lives." 371. I said: "What is disliked about their fighting?" He said: "Because then they strengthen these people, and if there is booty, it will be for them, so there is no good in it." I said: "If they are forced out to fight, should they fight when they encounter the enemy?" He said: "No, but they should dissimulate ¹⁷." 372. I said: "If they stipulate for them what you mentioned, and then they obtain booty after fighting with them, should they give them what they obtained or keep it?" He said: "No, they should keep it, unless they stipulated that they would give them what they obtained from booty, or let them keep it, in which case they give it to them." 373. I asked Sufyan about that, and he said: "There is no harm in their fighting with them." I said: "But they are calling them to [their religion], and if there is booty, it strengthens them against the Muslims?" He said: "There is no harm in it; they are all enemies." Then he later doubted that. 374. I asked someone else, and he said: "They should not fight with them unless they are forced to do so."

1. bay'a : A pledge of allegiance or oath of fealty, often given to a leader or prophet.
2. Muhajirun : The early Muslims who emigrated from Mecca to Medina with the Prophet Muhammad.
3. Bay'at al-Ridwan : The Pledge of Good Pleasure, an oath of allegiance taken under a tree at al-Hudaybiyya in 628 CE.
4. al-Hudaybiyya : A location near Mecca where the Treaty of Hudaybiyya was signed between the Muslims and Quraysh.
5. imam : A leader, especially in prayer or as a political/religious head.
6. Badr : The Battle of Badr, the first major battle between Muslims and Quraysh in 624 CE.
7. Uhud : The Battle of Uhud, fought in 625 CE between Muslims and Quraysh.
8. Ansar : The 'Helpers,' the inhabitants of Medina who supported the Prophet Muhammad after his emigration.
9. Ibn Abi Kabsha : A derogatory nickname used by Quraysh for the Prophet Muhammad, referring to his supposed lineage.
10. 'anaza : A short spear or staff carried by the Prophet Muhammad.
11. Dhu al-Majaz : A famous market near Mecca in pre-Islamic times.
12. al-Rujayl : Diminutive of 'rajul' (man), meaning 'the little man'; a nickname given to the man who converted after being wounded.
13. Bakh! Bakh! : An Arabic exclamation of admiration or approval, similar to 'Bravo! Bravo!'
14. hanut : A perfumed substance used for embalming or preparing the body for burial, often containing camphor and other aromatic ingredients.
15. yahtasiba : To seek reward from Allah for a good deed, often used in the context of martyrdom or patience in adversity.
16. al-ashira : Refers to the enemy captors or the opposing group they are forced to fight alongside.
17. yuwarruna : To dissimulate or use taqiyya, i.e., to pretend to comply while avoiding actual participation in fighting.

Al-Ghulul [1]

Al-Ghulul ¹ 375 - Abu Marwan informed me, saying: Al-Fazari narrated to us, from Al-A'mash, from a man, from 'Ubayd ibn 'Umayr, from Abu Dharr, who said: I went out seeking the Messenger of Allah, peace be upon him, and there he was standing in prayer. He said: "I have been given five things tonight that no one before me was given: I have been aided by terror ², for the enemy is terrified of me from a distance of a month's journey; I have been sent to the red and the black ³; spoils have been made lawful for me, and they were not lawful for any prophet before me; the earth has been made for me a means of purification and a mosque; and it was said: 'Ask, and you shall be given.' So I have reserved it as intercession for my nation on the Day of Resurrection, and it will reach, if Allah wills, whoever does not associate anything with Allah." 376 - Al-Fazari narrated to us, from Mis'ar and Al-A'mash, from Ibn so-and-so, from Ibn 'Abbas, who said: The Messenger of Allah, peace be upon him, said: "I have been aided by terror, and 'Ad was destroyed by the west wind ⁴." 377 - Al-Fazari narrated to us, from Za'idah, from Al-A'mash, from Abu Salih, from Abu Hurayrah, who said: The Messenger of Allah, peace be upon him, said: "Spoils were not lawful for any dark-headed nation before you. A fire used to descend from heaven and consume them. When it was the day of Badr, the people fell upon the spoils before they were made lawful for them, so the verse was revealed: 'If not for a decree from Allah that preceded, a great punishment would have touched you for what you took' [Al-Anfal 8:68]." 378 - Al-Fazari narrated to us, from Aslam al-Minqari, from Abu Ja'far, who said: The Messenger of Allah, peace be upon him, said: "I have been given five things that no one before me was given: I have been sent to all people, whereas a prophet used to be sent only to his own people; the earth has been made for me a mosque, whereas a prophet, when he left his prayer niche, would not pray until he returned to it; I have been aided by terror; spoils have been made lawful for me; and intercession—I have stored it for my nation on the Day of Resurrection." 379 - Al-Fazari narrated to us, from Al-Awza'i, from Thabit ibn Thawban, regarding His saying: "If not for a decree from Allah that preceded" [Al-Anfal 8:68]—that He had made spoils lawful for them. 380 - Al-Fazari narrated to us, from Sharik, from Salim, from Sa'id ibn Jubayr, who said: "If not for a decree from Allah that preceded" [Al-Anfal 8:68]—for the people of Badr regarding their felicity—"a great punishment would have touched you for what you took" [Al-Anfal 8:68]. 381 - Al-Fazari narrated to us, from Bishr ibn Numayr, from Al-Qasim, from Abu Umamah, who said: The Messenger of Allah, peace be upon him, said: "I have been given four"—or he said: "five things that no one before me was given: spoils have been made lawful for me; I have been sent to the red and the black; I have been aided by terror; and the entire earth has been made for me a means of purification and a mosque." And I do not know if he mentioned intercession or not. 382 - Al-Fazari narrated to us, from Sufyan ibn 'Uyaynah, from Mutarrif, from Al-Sha'bi, who said regarding {Is one who pursues the pleasure of Allah} [Al 'Imran 3:162]: "He who does not commit ghulul ¹," and {like one who brings upon himself the wrath of Allah} [Al 'Imran 3:162]: "He who commits ghulul," and {his abode is Hell, and what an evil destination} [Al 'Imran 3:162]. 383 - Al-Fazari narrated to us, from Ibn al-Mubarak, from Ibn Jurayj, from Mujahid, who said regarding {It is not for a prophet to commit ghulul} [Al 'Imran 3:161]: "To betray." 384 - Al-Fazari narrated to us, from Za'idah, from Al-A'mash, who said: 'Abdullah used to recite: {It is not for a prophet to commit ghulul} [Al 'Imran 3:161]. Ibn 'Abbas said: "Yes, and he may be killed." Then Ibn 'Abbas said: "It was only a small velvet cloth ⁵ that they lost on the day of Badr. They said: 'The prophet took it.' So Allah revealed: {It is not for a prophet to commit ghulul} [Al 'Imran 3:161]." 385 - Al-Fazari narrated to us, from Sufyan ibn Sa'id, from Khusayf, from 'Ikrimah, from Ibn 'Abbas, who said: "They lost a red velvet cloth on the day of Badr and mentioned the prophet, peace be upon him, so the verse was revealed: {It is not for a prophet to commit ghulul} [Al 'Imran 3:161]." 386 - Al-Fazari narrated to us, from Sharik, from Khusayf, from 'Ikrimah, from Ibn 'Abbas, who said: "They lost a red velvet cloth or something taken from the polytheists on the day of Badr and said: 'Perhaps the Messenger of Allah took it.' So the verse was revealed: {It is not for a prophet to commit ghulul, and whoever commits ghulul will bring what he took on the Day of Resurrection} [Al 'Imran 3:161]." Khusayf said: I said to 'Ikrimah, or Sa'id ibn Jubayr: "{To commit ghulul} [Al 'Imran 3:161]?" He said: "Yes, and he may be killed." 387 - Al-Fazari narrated to us, from Ibn Shawdhab, who said: 'Ammar—or 'Amir ibn 'Abd al-Wahid—narrated to me, from Ibn Buraydah, who said: 'Abdullah ibn 'Amr said: "If I were to consider a small amount of ghulul lawful, I would consider a large amount lawful. No servant commits ghulul except that he will be required on the Day of Resurrection to retrieve it from the lowest depth of Hell." He said: And 'Ammar—or 'Amir ibn 'Abd al-Wahid—narrated to us with this chain: The Messenger of Allah, peace be upon him, when he obtained spoils, he would command Bilal to call out to the people, and they would bring their spoils. He would take a fifth and distribute it. Then a man came after that with a halter made of hair and said: "O Messenger of Allah, this is from what we obtained of the spoils." He said: "Did you hear Bilal call?" He said: "Yes." He said: "What prevented you from bringing it?" He excused himself, and he said: "You be the one to bring it on the Day of Resurrection, for I will not accept it on your behalf." 388 - Al-Fazari narrated to us, from Ibn Jurayj, who said: It reached me that the Messenger of Allah, peace be upon him, commanded two criers to call out on the day of Badr: "Let no one commit ghulul, not even a needle or anything larger." 389 - Al-Fazari narrated to us, from Al-Awza'i, from 'Amr ibn Shu'ayb, who said: The Messenger of Allah, peace and blessings be upon him, said: "Return the thread and the needle, for ghulul is a disgrace, a fire, and a stigma for its perpetrator on the Day of Resurrection." 390 - Al-Fazari narrated to us, from 'Abd al-Rahman ibn 'Ayyash, from Sulayman ibn Musa, from Makhul, from Abu Sallam, from Abu Umamah, from 'Ubadah ibn al-Samit, from the Prophet, peace be upon him, who said: "Return the thread and the needle, and beware of ghulul, for it is a disgrace for its perpetrator on the Day of Resurrection." 391 - Al-Fazari narrated to us, from Kathir ibn 'Abdullah, from his father, from his grandfather, who said: The Messenger of Allah, peace be upon him, said: "No usurpation, no plundering, no trailing of garments ⁶, and no ghulul. {And whoever commits ghulul will bring what he took on the Day of Resurrection} [Al 'Imran 3:161]." 392 - Al-Fazari narrated to us, from Aban ibn Abi 'Ayyash, from Abu Nadrah, from Jabir, from the Prophet, peace be upon him, and from Al-Hasan, from the Prophet, peace be upon him, who said: "Gifts to rulers are ghulul." 393 - Al-Fazari, from Ibn Jurayj, who said: Manbudh, a man from the family of Abu Rafi', narrated to me, from Al-Fadl ibn 'Ubaydullah ibn Abi Rafi', from Abu Rafi', who said: "The Messenger of Allah, peace be upon him, after praying 'Asr, would sometimes go to Banu 'Abd al-Ashhal and talk with them until he went down for Maghrib. Abu Rafi' said: While the Messenger of Allah, peace be upon him, was hurrying to Maghrib, he passed by Al-Baqi' ⁷ and said: 'Uff to you, uff to you.' He broke my arm, and I stepped back, thinking he meant me. He said: 'What is wrong with you? Why do you not walk?' I said: 'Have I committed something wrong, O Messenger of Allah?' He said: 'What is that?' I said: 'You said uff to me.' He said: 'No, but this is the grave of so-and-so. We sent him as a collector ⁸ over Banu so-and-so, and he misappropriated a cloak ⁹. Now he is being clothed with a similar one of fire.'" 394 - And from him, from Manbudh, from Abu Bakr ibn Muhammad, that the Messenger of Allah, peace be upon him, gave some turbans to a man from Banu al-Harith ibn al-Khazraj to distribute. He put on one of them made of silk ¹⁰ and distributed the rest, forgetting that turban on his head. Then he remembered it and brought it to the Messenger of Allah, peace be upon him, who said: "Did you fear that if you kept it, you would be turbanned with a similar one of fire?"

395 - Al-Fazari narrated from Hammam, from Al-Hasan, who said: The Messenger of Allah, peace be upon him, said: “I saw a man in the Fire wearing a cloak that he had stolen from the spoils ¹¹; indeed I saw it in the Fire around his neck.” He said: Al-Hasan said: “The price of four dirhams.” 396 - Al-Fazari narrated from Al-Awza‘i, from Yahya ibn Abi Kathir, who said: It was said to the Messenger of Allah, peace be upon him, “So-and-so has been martyred.” He said: “No, for I saw him in a cloak that he had stolen from the spoils ¹¹”—I think he said—“in the Fire.” 397 - Al-Fazari narrated from Sa‘id al-Jurayri, from ‘Abdullah ibn Shaqiq, who said: The Messenger of Allah, peace be upon him, was brought [news] while he was besieging Wadi al-Qura ¹², and it was said, “Your young servant so-and-so has been martyred.” He said: “Rather, he will be gathered to the Fire in a cloak that he stole from the spoils ¹¹.” Then he ordered a crier to proclaim: “By Him in whose hand is the soul of Muhammad, none shall enter Paradise except a believer.” 398 - Al-Fazari narrated from Sufyan ibn ‘Uyayna, from ‘Amr ibn Dinar, from Salim ibn Abi al-Ja‘d, from ‘Abdullah ibn ‘Umar, who said: A man was in charge of the Prophet’s baggage ¹³, and he was struck by an arrow and died. The Messenger of Allah, peace be upon him, said: “He is in the Fire.” They looked and found that he had a garment that he had stolen from the spoils ¹¹. 399 - He said: And ‘Amr narrated to us that a man came to the Prophet, peace be upon him, and said, “So-and-so has stolen from the spoils ¹¹.” Abu Bakr asked him, and the Prophet, peace be upon him, looked at the one who had informed him and said: “O Messenger of Allah, dig in such-and-such a place.” They dug and brought out a small velvet cloth. They said: “Ask forgiveness for him, O Messenger of Allah.” He said: “May he be [in the Fire].” 400 - Al-Fazari narrated from Malik ibn Anas, who said: Thawr ibn Zayd narrated to me from Salim, the freed slave of the Banu Muti‘, that he heard Abu Hurayra say: We conquered Khaybar and did not take gold or silver as spoils; we only took camels, cattle, goods, and gardens. Then we departed with the Messenger of Allah, peace be upon him, to Wadi al-Qura ¹², and with him was a slave called Mid‘am, whom one of the Banu al-Dibab had given him. While he was unloading the Messenger of Allah’s saddle, a stray arrow came and struck that slave. The people said: “Congratulations on his martyrdom.” But the Messenger of Allah said: “No, by Him in whose hand is my soul, the cloak that he took on the day of Khaybar from the spoils before the division ¹⁴ will surely blaze with fire upon him.” When a man heard that from the Prophet, he came with one or two sandal-straps and said: “This is something I had taken.” The Messenger of Allah said: “One or two sandal-straps of fire.” 401 - Al-Fazari narrated from Yahya ibn Sa‘id, from Muhammad ibn Yahya ibn Habban, who said: Abu ‘Amra informed me that he heard Zayd ibn Khalid al-Juhani say: A Muslim man died on the day of Hunayn ¹⁵, and [someone] said: “O Messenger of Allah, so-and-so has died.” He said: “Pray over your companion.” The faces of the people changed. When he saw their expressions, he said: “Your companion stole from the spoils ¹¹.” They opened his belongings and found in them beads of Jewish beads worth not even two dirhams. 402 - Yahya said: And ‘Abdullah ibn al-Mughira narrated to me that the Messenger of Allah, peace be upon him, came to the tribes on the day of Hunayn ¹⁵, greeting them and praising them, but he left out one of those tribes and did not come to them. They searched among themselves and found in the saddle-pad of one of them some beads of carnelian that he had stolen from the spoils ¹¹. Then the Messenger of Allah, peace be upon him, came to them and said the takbir ¹⁶ over them as he would say the takbir over the dead. 403 - Al-Fazari narrated from Yunus ibn ‘Ubayd, from Al-Hasan, who said: “The punishment of a man who steals from the spoils ¹¹ was that his baggage would be brought out and burned with everything in it.” 404 - Al-Fazari said: And Sufyan informed us from a man, from Al-Hasan, who said: “And he is deprived of his share of the spoils.” 405 - Al-Fazari said: Salih ibn Muhammad informed me, saying: We went on a campaign with al-Walid ibn Hisham, and with us were Salim ibn ‘Abdullah, ‘Umar ibn ‘Abd al-‘Aziz, and Makhul. A man stole some goods from the spoils ¹¹, so al-Walid ordered his goods to be burned, and he was beaten and tied up, and he was not given his share. 406 - Al-Fazari narrated from ‘Uthman ibn ‘Ata’, from his father, that ‘Ali said: “The one who steals from the spoils ¹¹ has his baggage gathered and burned, and he is flogged less than the hadd ¹⁷ of a slave, and he is deprived of his share.” 407 - Al-Fazari narrated from Ibn Shawdhab, from ‘Amir ibn ‘Abd al-Wahid, from a shaykh, and the daughter of al-Siddiq ¹⁸ informed me that any official who takes from his office more than his stipulated salary is guilty of ghulul ¹¹. 408 - Al-Fazari narrated from Ibn al-Mubarak, from Ibn Ishaq, from Yazid ibn Abi Habib, from so-and-so al-Jayshani—or he said: Abu Marzuq, the freed slave of Tujib—from Hanash, who said: I witnessed the conquest of Jarba ¹⁹ with Ruwayfi‘ ibn Thabit. He addressed us and said: I witnessed the conquest of Khaybar with the Messenger of Allah, peace be upon him, and I heard him say: “Whoever believes in Allah and the Last Day should not sell any spoils until they are divided. Whoever believes in Allah and the Last Day should not water his [land] with the water of another. Whoever believes in Allah and the Last Day should not have intercourse with a captive woman until she is purified ²⁰. Whoever believes in Allah and the Last Day should not ride an animal from the fay’ ²¹ of the Muslims until, when he has made it lean, he returns it to the fay’ of the Muslims; nor should he wear a garment until, when he has worn it out, he returns it to the fay’ of the Muslims.” 409 - Al-Fazari narrated from Ibn al-Mubarak, from Shu‘ba, from Yazid ibn Khumayr, from a freed slave of Quraysh, who said: I heard Abu Hurayra narrating to Mu‘awiya: The Messenger of Allah, peace be upon him, forbade selling spoils until they are divided and it is known what they are; and forbade selling fruits until they are safe from every calamity; and forbade a man from praying until he ties his waist-wrapper ²². 410 - Al-Fazari narrated from Ibn al-Mubarak, from Shu‘ba, from Abu al-Fayd, who said: I heard ‘Umar Abu Hafs say: Mu‘awiya gave al-Miqdad ibn al-Aswad a donkey, and he accepted it. Al-‘Irbad ibn Sariya said to him: “It was not for him to give it to you, nor for you to accept it. It is as if I see you carrying it on your shoulder, its top and bottom reversed.” So he returned it to Mu‘awiya. Shu‘ba said: I mentioned that to Yazid ibn Muhammad, and he recognized it and said: “That was from the khums ²³.” 411 - Al-Fazari narrated from Ibn Jurayj, from Sulayman ibn Musa, who said: “The commander should not give anything from the spoils except with the permission of his companions, unless he gives something to a guide or a shepherd other than his appointed one, or it is a sheep or a mule.” 412 - Al-Fazari said: And ‘Abd ibn Jurayj informed me from Sulayman ibn Musa, from ‘Amr, from his father, from his grandfather, who said: ‘Umar said: “Nothing from the spoils should be given until it is divided, except to a shepherd or a guide other than his appointed one.” He said: “Other than showing favoritism.” 413 - Al-Fazari narrated from Safwan ibn ‘Amr, from Abu al-Yaman, who said: Habib ibn Maslama met Abu Dharr, and Abu Dharr said to him: “Will your enemy withstand you when you meet them for the time it takes to milk a sheep?” He said: “Yes, by Allah, for the time it takes to milk a sheep.” He said: “You have stolen from the spoils ¹¹, by the Lord of the Ka‘ba.” 414 - Al-Fazari narrated from Sufyan ibn ‘Uyayna, from Malik ibn Mighwal, who said: It reached ‘Umar that the enemy had drawn swords or stood against the Muslims, so he said: “The people have stolen from the spoils ¹¹; the people have stolen from the spoils ¹¹.”

415. Al-Fazari narrated to us, from Ibn al-Mubarak, from al-Asbagh ibn 'Alqamah, from a man of the Azd tribe who said: I said to Ibn 'Abbas: I am a man from Khurasan, and it is as if I have a kinship connection. He said: Do you not go on these military expeditions, and one of you loses his whip or his rope, and his heart flutters ²⁴ over its loss until it returns to him? I said: Yes. He said: Then he considered that a great virtue. He said: Do you not encounter the enemy, and one of you meets ten of them and they flee from him? He said: I said: Rather, one of them routs ten of us. He placed his palms on his head, then said: By the Lord of Ibn 'Abbas, from the drink of the people ²⁵, and you have acted treacherously ²⁶! By Allah, if you had not done so, one of you would have driven away ten of them. 416. Al-Fazari narrated to us, from Ibn al-Mubarak and others, from Ja'far ibn Hayyan who said: I said to al-Hasan: A raiding party goes out and they come to a village whose inhabitants have fled, and among them are the unarmed ²⁷ and the captive ²⁸. He said: They may arm themselves with weapons and wear clothes, and when they are called to the division ²⁹, let them attend it. 417. Al-Fazari narrated to us, from Isma'il ibn Muslim, from some of them, who said: It used to be said: Benefit from the spoils ³⁰ with whatever you are compelled to use. 418. Al-Fazari narrated to us, from Ibn al-Mubarak, and Isma'il ibn Abi Khalid, from Ma'mar, from Ayyub, from Ibn Sirin, from al-Bara' ibn Malik, who said: On the day of al-Yamamah ³¹, I met a huge man called Himar al-Yamamah ³², with a white sword in his hand. I struck his legs, and it was as if I missed him, and he fell on his back. I took his sword and sheathed my own, and I struck with it only one blow until it broke, so I threw it away and took my sword. 419. Ibn al-Mubarak said: Hammad ibn Salamah narrated to me, from 'Ubaydullah ibn Abi Bakr, from Anas ibn Malik, who said: There was a breach in the wall at Medina, and Muhakkam al-Yamamah ³³ placed his feet on it, and he was a huge man. He began to recite rajaz ³⁴ and say: I am Muhakkam al-Yamamah, I am such and such. Then al-Bara' came to him, and he was a short man. When the strike was possible, Muhakkam struck al-Bara', who shielded himself with his shield, and al-Bara' struck him, cutting his leg and killing him. With him was a broad sword ³⁵. Al-Bara' threw away his own sword and took the broad sword, striking with it until it broke. He said: May Allah deform what remains of you! Then he threw it away and came to his sword and took it. Muhallil narrated to me from some of his companions that al-Bara' passed by Khalid, who had been overcome by drowsiness—which used to overcome him during battle—so he struck his thigh and said: Has it overcome you? Then he attacked a man, killed him, and took his sword, and that was the rout of the people. 420. Al-Fazari narrated to us, from Ibn al-Mubarak, from Shu'bah, from Abu Ishaq, who said: 'Abdullah ibn Mas'ud said: I struck Abu Jahl on the day of Badr ³⁶ with my sword, but it did nothing, so I took his sword and struck him with it. 421. Al-Fazari, from Ibn al-Mubarak, from Jarir, from Layth, who said: I asked Mujahid about people who obtain spoils, and they become too many for them to carry, and the commander says: Whoever takes something, it is his. He said: No, no. 422. Al-Fazari narrated to us, from Safwan ibn 'Amr, who said: Hawshab ibn Sayf narrated to us, saying: The people raided in the time of Mu'awiyah, under the command of 'Abd al-Rahman ibn Khalid. A Muslim man misappropriated ³⁷ one hundred Roman dinars. When the army returned, the man regretted it, so he came to 'Abd al-Rahman ibn Khalid and told him his story, asking him to accept it from him. He refused and said: The army has dispersed, so I will not accept it from you until you bring it on the Day of Resurrection. He then began to approach the Companions of the Prophet, peace be upon him, asking them, and they said the same. When he came to Damascus to Mu'awiyah and mentioned that to him, he said the same to him. He left from his presence weeping and seeking mercy. He passed by 'Abdullah ibn al-Sha'ir al-Saksaki, who said: What makes you weep? He mentioned his matter to him. He said: Will you obey me, O 'Abdullah? He said: Yes. He said: Go to Mu'awiyah and say: Accept from me your fifth ³⁸. Give him twenty dinars, and look to the remaining eighty and give them in charity on behalf of that army, for Allah accepts repentance from His servants, and He knows best their names and places. The man did so, and Mu'awiyah said: If I had given him that legal opinion ³⁹, it would be more beloved to me than everything I own. The man did well. 423. Al-Fazari narrated to us, saying: I asked Sufyan and al-Awza'i about a man who misappropriates, then regrets, and the army has dispersed. They both said: He should give it in charity on behalf of that army. If he has consumed what he misappropriated, he must compensate it. And Sufyan said: Even if he cannot find them or their heirs. 424. Al-Fazari narrated to us, from Sufyan, from Simak ibn Harb, from Ibn al-Abras, who said: 'Ali used to divide the fifth ³⁸. A man was brought to him who had stolen a helmet from the fifth, but he did not cut off his hand ⁴⁰, saying: He has a share in it. 425. Al-Fazari narrated to us, from al-A'mash, from his companions, that 'Ali was brought a man who had stolen an iron egg ⁴¹ from the fay' ⁴², and he let him go, saying: He has a share in it. 426. Al-Fazari narrated to us, from al-Hajjaj ibn Artah, from Abu al-Zubayr, from Jabir ibn 'Abdullah, who said: The one who misappropriates is subject to discretionary punishment ⁴³ and exemplary punishment, but his hand is not cut off. 427. Al-Fazari narrated to us, from Ibn Abi 'Arubah, from Qatadah, from Sa'id ibn al-Musayyib, who said: If a man has intercourse with a slave girl from the spoils, and he has a share in her, he is flogged one hundred lashes minus one. 428. Al-Fazari narrated to us, from Ibn Jurayj, from Nafi', from Ibn 'Umar, that a slave of 'Umar had intercourse with a slave girl from the fifth, coercing her—and he was in charge of those slaves—so 'Umar flogged him and exiled him, and did not flog the slave girl because he had coerced her. 429. Al-Fazari narrated to us, saying: Al-Awza'i said: If a man has intercourse with a slave girl from the spoils, and he has a share in her, he is flogged one hundred lashes and must pay the bridal due ⁴⁴ if she is a virgin. If she is not a virgin, there is no bridal due upon him. If she becomes pregnant from him, he must pay her value, and she becomes his, and there is no bridal due upon him, and the child is attributed to him. 430. I said: Does the child then become his property? He said: Makhul used to say about a slave girl who is owned jointly by two men, and one of them has intercourse with her and she becomes pregnant: she and her child are valued against him. He said: Others used to say: She is valued, but her child is not valued against him, because she conceived it while she was in his ownership. 431. Al-Fazari narrated to us, from Ibn 'Uyaynah, who said: When 'Umar was brought the crown of Kisra ⁴⁵, and he saw what was in it, he said: Truly, the one who delivered this is truly trustworthy. A man said: O Commander of the Faithful, if you wish, I will tell you. He said: Yes. He said: You are Allah's trustee over them, so they will deliver to you what you deliver to Allah. If you indulge, they will indulge. He said: You have spoken truthfully. 432. Al-Fazari narrated to us, saying: I said to al-Awza'i: What do you think of what people obtain in the lands of their enemy that is not food, drink, condiment, or fodder—should all of that be brought to the division? He said: Yes. I said: If it has no value, and the divider refuses to accept it from him, and a man wants to benefit from it? He said: If it is something that the enemy had secured, I prefer that he seek permission for it with something. If it is something they had not secured in their houses, such as trees, stones, arrows, whetstones, and medicines, and none of them have a value, whoever wishes may take it. If it had no value until he himself worked on it and treated it, and it acquired a value, then it is his, and there is nothing upon him regarding it. He said: Makhul used to say that.

433. Al-Fazārī said: I asked Sufyān about that. He said: If he brings it to the Abode of Islam ⁴⁶ and it has a price, he pays it to the division ⁴⁷; if it has no price in the enemy's land, and if it has no price until he worked on it and treated it, he is given according to his work on it, and the rest is in the division. 434. I said to al-Awzāʿī: The imam is brought weapons and goods from the fayʾ ⁴⁸ and it is not easy for him to sell them in that situation, so he gives them to a man and says: Fight with this weapon or this garment, or benefit from this goods, and he carries it until he reaches the place where he sells it, while it is valuable in his view, and that is only for the public interest? He said: He does not permit any of that for fighting or for benefiting from it, but if he wishes, he may carry it and sell it on the spot for whatever it fetches. 435. I said: A man takes a needle and sews with it, and thread? He said: No. So where is the saying of the Messenger of Allah, peace be upon him: 'Return the thread and the needle'? I said: It has no price. He said: Even if it were a ball of yarn, it would have a price. I said: So what should he do with it, having sewn with it? He said: He deducts [its value]. I said: Then it breaks? He said: He cuts it; that is safer for him, or he gives an amount equivalent to its value. 436. It was said to him: A man makes pottery in the enemy's land, then sells it? He said: There is no harm; it is his. He said: Some of them used to cut pegs and benefit from them in the enemy's land, and when he wanted to leave, he would climb with them for caution. 437. I said: If he cuts something from a tree that has no price in the enemy's land, and if he brings it to the owner of the division, he does not accept it from him, and he does not sell it; then when he brings it to al-Maṣṣīṣa ⁴⁹, what he took from that has a price, and most of what they sell from their spoils is in al-Maṣṣīṣa? He said: No consideration is given to that; if it had no price when he acquired it in the enemy's land, it is his; he may do with it as he wishes, and sell it if he wishes. 438. I said: An army encamps in the enemy's land, and firewood, grass, and water are near or far from them, and they have no price in that place until a man brings them, cuts them, carries them to the camp, and sells them. He said: I do not know of any liability upon him for that. 439. I said: If it had a price in that place before he cut it, then he cut it? He said: He puts it in the division. 440. I asked Sufyān and Hishām about a man whose mount is assessed; may he ride a mount from the fayʾ until he reaches [his destination]? They said: There is no harm in it. I said to Hishām: Should not the imam say to him: Buy a mount, or hire, or borrow, for in this is the khums ⁵⁰ and the shares of the Muslims? He said: I know, but he does not say that to him; let him ride. 441. Al-Awzāʿī said: If he is wealthy and able to buy, let him refrain and buy; if he is needy, he is carried, and he is not left on foot among the Muslims. It was said to him: If he is stranded and there is no imam to ask permission? He said: He rides until he reaches the camp. 442. I said to Sufyān: A man acquires food and carries it on a mount from the fayʾ, while he is in a raiding party ⁵¹ or in a container from the fayʾ until he reaches the camp, and he has nothing to carry it in? He said: If he finds no alternative, I hope there is no harm. 443. I said to Sufyān: A man takes a piece of wood from a tree, or a stone from a mountain, and makes arrows or a whetstone from it, and that is abundant there, no one wants it, it has no price, and whoever wishes takes it; then when he brings it [to Muslim territory], it has a price? He said: He puts it in the division, because it was in their land; if he worked on it, he is credited according to his work on it. 444. I asked Sufyān about a man whose mount becomes exhausted and he fears for it; may he ride a mount from the fayʾ until his mount recovers? He said: Not everyone who fears for his mount [may do that]. 445. Al-Fazārī narrated from Ismāʿīl ibn Abī Khālid, from Qays ibn Abī Ḥāzim, from ʿAdī al-Kindī, who said: I heard the Messenger of Allah, peace be upon him, say: 'Any of you who works for us on a task and takes from it a needle or more, it is ghulūl ⁵²; he will bring it on the Day of Resurrection.' Then Aswad—as if I see him—said: 'Accept my resignation from your work, O Messenger of Allah.' He said: 'What is that?' He said: 'I heard you say what you said.' He said: 'And I say now: Whoever we appoint to a task, let him bring its little and much; what he is given of it, he takes; what he is forbidden from, he refrains.' 446. I asked Sufyān, Hishām, and others about a man whose mount is wounded and his weapon broken; may he fight on a mount from the spoils or with a weapon? They said: If it is out of necessity, there is no harm. 447. I said to al-Awzāʿī: A man's horse is wounded in battle; may he ride a horse from the fayʾ? Or fight with some weapon or arrows, shooting with them? He said: If it is in the thick of battle and their intermingling, there is no harm, as long as he does not reserve his horse or weapon for any of that. 448. I said: Does he take that with the imam's permission? He said: If it is a situation of necessity, he does not ask the imam's permission for it, for there is no sin on one in necessity. As for in the mushāwala ⁵³, he takes nothing of that, and it is not fitting for the imam to permit it. 449. I said: If he rides the horse in the thick of battle out of necessity, and the horse is wounded under him, is he liable? He said: No. I said: Does he pursue the enemy on the horse when the people have fled? He said: No. I said: What do you consider as necessity to pursue the enemy on it when they are fleeing? He said: No, but let him stand in his place, and not kill the Muslims' mount in pursuit, for the people will follow them and they will suffice him, unless he fears that if he does not follow them, he will perish. 450. I said: If he is on his own horse, but he has taken a sword from the fayʾ or a spear, does he pursue with it on his horse? He said: There is no harm; this is not like the horse. 451. I said: May he take a horse from the fayʾ that is stronger than his horse, or a sword sharper than his sword, and fight with it in the thick of battle? He said: There is no harm. 452. I said: If the Muslims acquire spoils, then they set out and encounter an enemy of theirs, does the imam permit fighting with any of that weapon? He said: If he sees that they have need of any of that, he permits them; if he fears for them, then this is a necessity. 453. I said: Is this the same as what people take in the thick of battle? He said: It is the same, but he should not take it except with the imam's permission. 454. I said: What if it is a situation where he cannot ask the imam's permission? He said: Then this is a necessity. 455. I said: May a man wear a garment from the fayʾ due to cold and give to the fayʾ an amount equivalent to what he wore? He said: That is disliked, unless he fears death; he may wear it, because it is a necessity. 456. I said: A man acquires fodder while he is in a raiding party, and he has no container to put it in, and he is in need of fodder, fearing that if he does not do so, he will be stranded; may he take a container from the fayʾ and carry it in it to the camp? He said: This is a necessity; there is no harm.

457. I said: May one wear a velvet garment ⁵⁴ due to cold that afflicts him, or take an axe and break firewood with it, then carry that afterwards and bring it to the army camp, having benefited from it before that? He said: Everything of this sort or similar, if you take it and benefit from it, intending to carry it to the army camp from the raiding party ⁵⁵, then you may not benefit from it except out of necessity, because if you benefit from it and then bring it to the division ⁵⁶, you have benefited from something of the spoils ⁵⁷. He said: And everything of this sort, if you intend to benefit from it on the spot, then discard it, and not carry it to the division, there is no harm. 458. I said: What if I do not know, perhaps if I do not carry it, someone else from my companions will carry it to the division? He said: If that is the case, then do not benefit from it until you know that it will not be carried and will be left. 459. I said: What if he carries it with him for a day or two, benefiting from it, then discards it, disliking to deliver it to the division, so that he would have benefited from something of the spoils? He said: I dislike that he do this to deceive thereby. 460. I said: What if he carries something of that to deliver it to the division, then it becomes heavy for him to carry, so he discards it on the road? He said: It was disliked to discard something after carrying it except out of necessity. 461. It was said to him: What if a man carries something to deliver it to the division, then benefits from it, then it is lost from him? He said: He should seek forgiveness from Allah and not return, and he should put into the division an amount equivalent to what he benefited from it. If he carries something intending to deliver it to the division, then it becomes heavy for him and he discards it, that is disliked except out of necessity, and if he does so, he is not held liable. 462. I said: The imam ⁵⁸ hires someone to carry something, goods, and horses, then something of that is lost from the hired person? He said: If he was overwhelmed and did not neglect, he is not held liable. I said: What is this neglect? He said: He should take precautions and not neglect. 463. It was said to al-Awza'i: A man takes a stallion from the horses and rides it, driving the horses with it, or seeking other horses to bring? He said: Does he not have his own mount? It was said: Yes, but he spares his mount. He said: If that is from him out of consideration for the common good, there is no harm, and if the imam is present, then with his permission. I said: Do you not consider the commander of the raiding party an imam? He said: Yes. 464. I said: A man whom the imam entrusted with goods from the spoils, and he discarded it deliberately? He said: The imam holds him liable. 465. I said: People obtain booty, and among them are those who carry from it on their mount, and among them are those who do not carry? He said: The one who carries and returns it to the Muslims has a greater reward, and the one who does not carry does not sin. 466. It was said: People obtain a millstone to grind with? He said: There is no harm, but if they intend to carry it to the division, they should not do so except out of necessity, then they should give to the division an amount equivalent to what they benefited from it. 467. It was said: What if they bring it with them to the land of Islam, and its value in enemy territory was five dirhams, and its value here is one dirham? He said: They are given its value of five dirhams? 468. It was said to him: A man needs a small thing, and cannot afford to buy it, so he benefits from it, then comes to the person in charge of the division and says: Write down for me such and such as its price? He said: He pays to the person in charge of the division an amount equivalent to what he benefited from it. 469. Al-Fazari narrated to us from al-Awza'i, from Makhul: Concerning a man who cuts a branch from a tree, and what they have not stored in their houses, and carves from it saddles ⁵⁹ or makes arrows from it, and it had no price until he worked on it, it is his, nothing is against him. 470. Al-Fazari narrated to us from Ibn al-Mubarak, from Ma'mar, from Zayd ibn Aslam, who said: 'Aqil ibn Abi Talib came to his wife, and she said: We know that you fought, so have you brought us anything? He said: This is a needle for you to sew your clothes with. Then the Prophet, peace be upon him, sent a crier: "Let no one embezzle ⁶⁰ a needle or anything larger." So 'Aqil said to his wife: I think your needle has escaped you. 471. Al-Fazari narrated to us from Sufyan, from Layth, from Mujahid, who said: {And know that whatever you take as spoils of war} [8:41] He said: The needle is included in "whatever." 472. Al-Fazari narrated to us from Abu Hammad, from Qabus ibn Abi Zabyan, from his father, who said: Salman was in charge of the bundles ⁶¹, and people came with their bundles and handed them to him. A man came with a bundle and handed it to him, then returned to him and said: There was a small tear in my waist-wrapper, and I took a thread from the spoils and sewed it with it. Salman said: "Everything has its measure." The man said: I am indeed independent of that, so he unraveled it and handed it to him. 473. Al-Fazari narrated to us from Sufyan, from Qabus, from his father, that a man asked Salman about a thread to sew with from the spoils, and Salman forbade him from it. 474. Al-Fazari narrated to us, he said: I said to al-Awza'i: What do you think about a thread to sew with from the booty? He said: He should not do it. I said: It has no price. He said: Then where is the saying of the Messenger of Allah, peace be upon him: "Return the thread and the needle"? Do you not see that if such things were gathered, one with another, and became a ball, would it not have a price? So let him unravel it and throw it into the division. 475. Al-Fazari narrated to us from Abu Hammad, from al-A'mash, from Shimr ibn 'Atiyya, who said: On the day of Badr, they shaded the Messenger of Allah, peace be upon him, with a leather mat from the spoils, and he said: "Did you intend to shade your Prophet with fire?" 476. Al-Fazari narrated to us from 'Awf, from al-Hasan, that a man asked the Messenger of Allah, peace be upon him, for a hair rein from booty that had not been divided. He said: "You have no right to ask me for it, and I have no right to give it to you. You have asked me only for a rein of fire." 477. Al-Fazari narrated to us from Ibn Jurayj, from Ibn Abi Najih, from Mujahid, who said: A man said to the Prophet, peace be upon him, on the day of Hunayn, while the spoils were before him: O Messenger of Allah, give me this ball of hair, to tie with it the saddle of my mount. He said: "As for my share from it, it is yours." 478. Al-Fazari narrated to us from Sufyan, from 'Abd al-Karim, from Mujahid, that the Prophet, peace be upon him, said: "As for my share from it, it is yours." 479. Al-Fazari narrated to us from Abu Bakr al-Ghassani, from 'Atiyya ibn Qays, who said: A man came to Malik ibn 'Abdullah, who was in command of the army, with a horse from the spoils, and said: My mount was injured and I have no mount, and this is from the spoils, so mount me on it. Malik said: I cannot give a horse. The man said: I am not asking you to give it to me, I am only asking you to mount me on it. Malik said: It is from the booty of the Muslims, so I cannot mount you on it. Indeed, Allah Almighty said: {And whoever embezzles shall bring what he embezzled on the Day of Resurrection} [3:161]. So I cannot give a horse, unless you ask the Muslims for their shares, and I give you my share along with them.

480. Al-Fazari narrated from Ibn al-Mubarak, from Kahmas, from Harun ibn al-Asamm, that 'Umar ibn al-Khattab sent Khalid ibn al-Walid over an army, and Khalid sent Dirar ibn al-Azwar over a detachment. They acquired spoils, and they acquired a beautiful bride who impressed Dirar. He asked his companions for her, and they made her permissible for him, so he had intercourse with her, then regretted it. When he came to Khalid, he mentioned that to him. Khalid said: "We made her permissible for you." He said: "No, until you write to 'Umar." So 'Umar wrote: "Stone him." ⁶² The letter arrived while Dirar had died. 'Umar said: "Allah would not disgrace Dirar ibn al-Azwar." 481. Al-Fazari narrated from Abu Hammad, from Sufyan, from Habib ibn Abi Thabit, who said: A prophet from among the prophets sent an army, but his banner was repelled. Then he sent another, but his banner was repelled. Then he sent another, but his banner was repelled. They investigated and found that they had embezzled ⁶³ a golden gazelle head. 482. Al-Fazari narrated from Ibn al-Mubarak, from Safwan ibn 'Amr, from Shurayh ibn 'Ubayd, from Yazid ibn Maysarah, who said: When Joshua son of Nun ⁶⁴ descended upon Jericho, a man embezzled one hundred dinars, so they were defeated two or three times. Joshua said: "O Lord, we have been defeated." He said: "Your sin is among you, and it is what defeated you." He said: Aaron had a cloak with twelve pearls, one pearl for each tribe. When he sensed sin from a tribe, the pearl would change. They looked into the tribe of the embezzler and found the pearl had changed. He kept striking until he identified the one guilty of embezzlement. Joshua said to him: "You are the one who angered our Lord against us and caused our defeat by our enemy." So Allah revealed to him: "Dig a pit for him, then set it ablaze with fire, along with whatever he has." Then Allah commanded him to march against his enemy, then set an ambush for them, then flee from them, so they would turn away safely. They did so, and when the enemy passed, they came out against them, and they were safe, so they defeated them and conquered the city. 483. And from Ma'mar, from Isma'il ibn Umayyah, I think, from Abu Hurayrah, from the Prophet, peace be upon him, who said: "A prophet from among the prophets went on a military expedition and said: 'Let no man follow me who has married a woman and wishes to consummate the marriage but has not yet done so, nor a man who has built a house and not yet raised its roof, nor another who has bought sheep or pregnant camels and is waiting for their offspring.' Then he went forth until he approached the town at the time of 'Asr prayer or close to it. He said to the sun: 'You are commanded, and I am commanded. O Allah, hold it back for me a little.' So it was held back for him until Allah granted him victory. They gathered what they had taken as spoils, and fire came to consume it, but it refused to devour it. He said: 'There is embezzlement among you. Let a man from every tribe pledge allegiance to me.' The hands of two or three men stuck to his hand. He said: 'There is embezzlement among you; you have embezzled.' So they brought out a gold object like the head of a cow and placed it with the wealth, which was on the ground. Then fire came and consumed it. Spoils were not lawful for anyone before us, and that is because Allah knew our weakness and incapacity, so He made them lawful for us." 484. Al-Fazari narrated from Sufyan ibn 'Uyaynah, from Abu Sa'd al-A'war, from 'Ikrimah, who said: When Moses came to the town of the tyrants ⁶⁵, he commanded one man from each tribe to go to it and bring him news of the people. They set out and entered a garden. A man from the tyrants entered, and they hid from him in the trees. He followed them until he caught them and brought them in his sleeve, coming from the trees. Then he went until he came to their king and threw them before him. When he saw them, he despised them and said: "Go and exert your utmost against me." They left and came to Moses and informed him. He said: "Stop." Then one of them would tell his close friend, and his close friend would tell the man, so that spread throughout the camp except for Caleb ⁶⁶ and Joshua, for they kept it secret. Moses said to them: "Enter the land that Allah has prescribed for you" [5:21] then he recited until His saying: "So do not grieve over the defiantly disobedient people" [5:26]. He said: Ibn 'Abbas said: There was from Moses an omen, his saying: "So part us from the defiantly disobedient people" [5:25]. So Allah said: "So do not grieve over the defiantly disobedient people" [5:26] — do not grieve over those I have called defiantly disobedient. He said: Caleb and Joshua are the two men concerning whom Allah said: "Said two men from those who feared [Allah], upon whom Allah had bestowed favor, 'Enter upon them through the gate'" [5:23]. He said: So they wandered for forty years. Moses and Aaron died, and everyone who was with him in the wilderness ⁶⁷ who was over twenty or reached twenty years of age. Then after forty years, Joshua rose up with those with him. When it was Friday, and he was about to overcome them, and the sun was about to set, and he feared it would set so he could not fight on the night of Saturday, he called to it: "You are commanded, and I am commanded." So it stood still until he overcame them. Joshua and those with him entered it, and they acquired many spoils. Spoils were not lawful for any of the nations; they would gather them, and fire would descend and consume them. They gathered the spoils, but fire did not descend. Joshua said to the leaders of the tribes: "This is only due to embezzlement among you. Pledge allegiance to me." They pledged allegiance, and his hand stuck to the hand of a man among them. Joshua said: "The embezzlement is in your tribe. Go and pledge allegiance to your companions, and whoever's hand sticks to your hand is the one guilty of embezzlement." He went and pledged allegiance to them, and his hand stuck to the hand of a man among them. He said: "Bring out what you have." So he brought out a golden ox head with eyes of ruby and teeth of pearl. He said: Then fire descended and consumed it. Sufyan said: It is the city of Jericho, and it had a wall of iron. 485. Al-Fazari narrated from Abu Bakr al-Ghassani, from Habib ibn 'Ubayd, from 'Awf ibn Malik, who said: A man who had embezzled was brought to Habib ibn Maslamah, and it was the first embezzlement, I think, in Syria. He stood up, praised Allah, and extolled Him, then said: "Beware of sins for which there is no expiation. A man commits adultery, then repents, and Allah accepts his repentance. A man steals, then repents, and Allah accepts his repentance. But there are two sins for which there is no expiation: embezzlement and usury. For Allah said: 'And whoever embezzles will come with what he embezzled on the Day of Resurrection' [3:161]. So there is no expiation for the one guilty of embezzlement until he brings what he embezzled on the Day of Resurrection, carrying it on his back. And the consumer of usury will come on the Day of Resurrection insane, choking."

486. Al-Fazari narrated to us from Abu Hayyan al-Taymi, from Abu Zur'a, from Abu Hurayra, who said: The Messenger of Allah (peace be upon him) stood among us and mentioned ghulul ⁶⁸, magnifying its matter. Then he said: "Let me not find any of you coming on the Day of Resurrection with a grunting camel on his neck, saying, 'O Messenger of Allah, help me!' and I will say, 'I have no power to do anything for you; I have conveyed to you.' Let me not find any of you coming on the Day of Resurrection with a bleating sheep on his neck, saying, 'O Messenger of Allah, help me!' and I will say, 'I have no power to do anything for you from Allah; I have conveyed to you.' Let me not find any of you coming on the Day of Resurrection with fluttering rags on his neck, saying, 'O Messenger of Allah, help me!' and I will say, 'I have no power to do anything for you; I have conveyed to you.' Let me not find any of you coming on the Day of Resurrection with a silent one ⁶⁹ on his neck, saying, 'O Messenger of Allah, help me!' and I will say, 'I have no power to do anything for you; I have conveyed to you.' Let me not find any of you coming on the Day of Resurrection with a neighing horse on his neck, saying, 'O Messenger of Allah, help me!' and I will say, 'I have no power to do anything for you from Allah; I have conveyed to you.' Let me not find any of you coming on the Day of Resurrection with a screaming soul on his head, saying, 'O Messenger of Allah, help me!' and I will say, 'I have no power to do anything for you; I have conveyed to you.'" 487. Al-Fazari narrated to us from al-Awza'i, from Yahya ibn Abi Kathir, who said: The Messenger of Allah (peace be upon him) said: "I will surely know a man who comes on the Day of Resurrection with a grunting camel, or a lowing cow, or a bleating sheep, or a screaming slave, or a neighing horse, or a braying mule that he has misappropriated ⁷⁰." 488. He said: And the Messenger of Allah (peace be upon him) said: "Beware of the usury of ghulul." It was said: "And what is the usury of ghulul, O Messenger of Allah?" He said: "That women are taken while they are pregnant, or an animal is ridden until it becomes emaciated, before it is delivered to the division ⁷¹; or a garment is worn until it becomes worn out, before it is delivered to the division." 489. [Al-Bahr al-Basit meter] What is wrong with your religion that you accept to defile it, while your garment is always washed from filth? You hope for salvation but do not follow its paths; indeed, the ship does not sail on dry land. 490. Muhammad ibn 'Abd al-Malik narrated to us, saying: Abu 'Abd Allah narrated to us, saying: Musa ibn Mu'awiya al-Asadi narrated to us from 'Abd al-Rahman ibn Muhammad al-Muharibi, from Malik ibn Maghwal, from Abu Ya'fur, from al-Musayyib ibn Rafi', who said: 'Abd Allah ibn Mas'ud said: "It befits the bearer of the Qur'an ⁷² to be known by his night when people are asleep, by his day when people are negligent, by his sadness when people are joyful, by his weeping when people laugh, by his silence when people engage in idle talk, and by his humility when people are arrogant. And it befits the bearer of the Qur'an to be sorrowful, wise, and knowledgeable; and it does not befit the bearer of the Qur'an to be coarse, heedless, loud, or sharp-tongued." 491. And we were informed from Muhammad ibn Bishr al-Basri, saying: Muhammad ibn Khalid, the brother of Muslim ibn Khalid al-Zinji, narrated to us from 'Umar ibn al-Subh, saying: Abu 'Abd Allah al-Sa'di narrated to me from Makhul al-Dimashqi, from Ubayy ibn Ka'b, that he said: The Messenger of Allah presented the Qur'an to me twice in the year in which he was taken ⁷³. He said: "O Ubayy, indeed Gabriel commanded me to recite the Qur'an to you, and he conveys greetings to you." Ubayy said: "O Messenger of Allah, have I been mentioned in the Exalted Assembly ⁷⁴?" He said: "Yes, by Him in Whose hand is my soul." Ubayy trembled at that and fell down in a swoon. When he regained consciousness, the Messenger of Allah embraced him and calmed him, so Ubayy became calm and still. He recited to him, and when he had recited and finished, Ubayy said: "O Messenger of Allah, just as it was a special honor for me that you recited the Qur'an to me, so grant me special knowledge of the reward of the Qur'an from what Allah has taught you and revealed to you." The Messenger of Allah said: "Yes, O Ubayy. No Muslim recites the Qur'an, believes in it, and accepts it with its acceptance ⁷⁵ except that Allah gives him such reward that the speech of tongues of Allah's creation is incapable of describing." Ubayy said: "We know the recitation of the Qur'an and belief in it. What do you mean by 'accepts it with its acceptance'?" He said: "He declares lawful what it makes lawful, declares unlawful what it makes unlawful, pauses at what is ambiguous in it, does not dispute with those who dispute, does not act ignorantly with those who act ignorantly, speaks the truth and acts upon it, enjoins the truth and does it, his words do not contradict his deeds, nor his secret his public. For Allah takes the people of the Qur'an ⁷⁶ with what He takes the messengers, and asks them about what He asks the messengers about: conveying the message, enjoining what is right, and establishing obedience to Him. So just as it is incumbent upon the messengers to convey the message, likewise it is incumbent upon the people of the Qur'an to be sincere to the servants of Allah, to enjoin what is right and forbid what is wrong, with moderation, gentleness, mercy, dignity, tranquility, and deliberation. His speech should not lead him to be harsh with them, nor should he raise [his voice] about what they have neglected of Allah's right by mentioning His threat, making them fear His signs, warning them against Himself and His punishment, reminding them of the days of Allah ⁷⁷ and His favors upon them and the beautiful reward for those who obey Him. Thus Allah sent the prophets as bearers of good tidings and warners. So whoever recites the Qur'an seeking His Face and accepts it with its acceptance, Allah gives him the reward that He gives to the messengers." Ubayy said: "May my father and mother be sacrificed for you, O Messenger of Allah, where is the one who upholds the truth with patience and hopes for its reward?" I said: "So who will be patient upon it and hope for its reward?" He said: "Whoever's intention is sincere and whose desire for what is with Allah, his Lord, is great, Allah will grant him rectitude, success, and good assistance. For Allah has decreed that He is with those who fear Him and those who are doers of good." 492. Ibn 'Ata' al-Khurasani, from his father, said: I heard my grandfather say: "Allah, besides Whom there is no god, this reward is only from my deed." 493. Ibn al-Mubarak said: Malik ibn Dinar used to say: "Indeed, your joy in the world for the world takes away the sweetness of worship from before you, and your grief for the world over the world takes away [something] from before you. Indeed, when the heart has no grief in it, it becomes ruined, just as when a house has no inhabitant, it becomes ruined. Indeed, the hearts of the righteous boil with grief, and the hearts of the wicked boil with wickedness." Chapter on what is taken from provision ⁷⁸ 494. Al-Fazari narrated to us from Isma'il, from Qays: "Jihad has occupied me from much recitation."

1. ghulul : Misappropriation of spoils of war before distribution; embezzlement of public funds.
2. ru'ub : Terror or awe cast into the hearts of enemies, a divine aid given to the Prophet.
3. al-ahmar wa al-aswad : Literally 'the red and the black,' meaning all of humanity, regardless of race or color.
4. al-dabur : The west wind; a violent wind that destroyed the people of 'Ad.
5. qatifah : A small velvet cloth or blanket.
6. isbal : Trailing one's garment below the ankles out of pride, which is prohibited.
7. al-Baqi' : The cemetery of Medina, where many Companions are buried.
8. sa'iyan : A collector of charity or taxes; an official sent to collect alms.
9. namirah : A striped cloak or garment made of wool or hair.
10. khazz : A type of silk fabric, often mixed with wool.
11. ghulul : Illegal appropriation of spoils of war before official distribution; treachery or embezzlement of public funds.
12. Wadi al-Qura : A valley north of Medina, site of a Jewish settlement conquered by the Muslims.
13. thaqal : The heavy baggage or equipment of an army, often including supplies and non-combatants.
14. lam tusibha al-maqasim : Items taken from the spoils before the official division (qisma) among the fighters.
15. Hunayn : A valley near Mecca, site of a battle in 8 AH where Muslims defeated the Hawazin tribe.
16. takbir : Saying 'Allahu Akbar' (Allah is the Greatest), often used in prayers and funerals.
17. hadd : Fixed corporal punishment prescribed by Islamic law for certain crimes.
18. bint al-Siddiq : Daughter of Abu Bakr al-Siddiq, likely 'Aisha or Asma'.
19. Jarba : A town in North Africa (modern Tunisia) conquered during the caliphate of 'Uthman.
20. yastabri'aha : To wait for one menstrual cycle to ensure the captive woman is not pregnant.
21. fay' : Property acquired from non-Muslims without fighting, or public treasury; distinct from ghanima (spoils taken in battle).
22. yahtazim : To tie a waist-wrapper or belt around the waist, a sign of proper attire for prayer.
23. khums : One-fifth of the spoils of war allocated to Allah, the Prophet, relatives, orphans, needy, and travelers.
24. yajiffu : Literally 'to become dry'; here it means the heart flutters or becomes anxious due to loss.
25. sharab al-qawm : Refers to the drink of the people, possibly meaning their intoxicating drink or their way of life.
26. ghalaltum : You have acted treacherously or misappropriated spoils.
27. al-a'zal : Unarmed or without weapons.
28. al-'ani : Captive or prisoner.
29. al-maqsam : The division of spoils.
30. al-maghnam : Spoils of war.
31. Yawm al-Yamamah : The Battle of al-Yamamah, a key battle during the Ridda Wars.
32. Himar al-Yamamah : A nickname meaning 'the donkey of al-Yamamah' for a large enemy warrior.
33. Muhakkam al-Yamamah : Another name for the same warrior, meaning 'the arbitrator of al-Yamamah'.
34. rajaz : A form of Arabic poetry, often used in battle chants.
35. safihah : A broad sword or blade.
36. Yawm Badr : The Battle of Badr, a major battle in early Islam.
37. ghalla : To misappropriate or embezzle from the spoils.
38. khums : The one-fifth share of spoils that belongs to the state or the leader.
39. aftaytuhu : I gave him a legal opinion (fatwa).
40. lam yaqta'hu : He did not cut off his hand, referring to the prescribed punishment for theft.
41. baydah min hadid : An iron egg, possibly a helmet or a piece of armor.
42. al-fay' : Spoils obtained without fighting, or generally, public treasury from conquered lands.
43. ta'zir : Discretionary punishment for offenses not covered by fixed penalties.
44. al-'uqr : Bridal due or compensation for deflowering a virgin slave.
45. Kisra : Title of the Sassanid Persian emperor.
46. Dār al-Islām : The territory under Muslim rule where Islamic law is applied.
47. al-maqsam : The division or distribution center for spoils of war.
48. fayʾ : Property acquired from non-Muslims without fighting, or the spoils of war before distribution; often used interchangeably with ghanīma.
49. al-Maṣṣīṣa : A town on the Byzantine frontier, a major center for trade of war booty.
50. khums : The one-fifth share of spoils that belongs to God, the Prophet, and specified categories.
51. sariyya : A military detachment sent on a raid, smaller than the main army.
52. ghulūl : Embezzlement or misappropriation of public funds or spoils before distribution.
53. mushāwala : A skirmish or preliminary engagement before the main battle.
54. qatīfa : A type of velvet garment or blanket.
55. sariyya : A military detachment or raiding party sent out from the main army.
56. maqsam : The place where spoils are divided among the soldiers.
57. fay' : Spoils of war taken from non-Muslims without fighting, or generally, war booty.
58. imām : Here, the leader of the Muslim community or army; also used for the commander of a raiding party.
59. suruj : Saddles; the text says 'yanhatu minhu al-suruj' meaning he carves saddles from it.
60. yaghull : To embezzle or take unlawfully from the spoils before division.
61. aqbāḍ : Bundles or handfuls of spoils; Salman was in charge of collecting them.
62. arḍikh-hu bi-l-ḥijārah : Literally 'pelt him with stones,' meaning to stone him as a punishment for unlawful sexual intercourse.
63. ghallū : They committed ghulūl, i.e., embezzlement or misappropriation of war booty before its proper distribution.
64. Yūshaʿ ibn Nūn : Joshua son of Nun, the biblical figure who succeeded Moses and led the Israelites into the Promised Land.
65. qaryat al-jabbārīn : The town of the tyrants or giants, referring to the Canaanite city whose inhabitants were described as giants in the Quran (5:22).
66. Kūlāb : Caleb, the biblical figure who, along with Joshua, was one of the two faithful spies who encouraged the Israelites to enter the Promised Land.
67. al-tīh : The wilderness or desert wandering of the Israelites for forty years as a punishment for their disobedience.
68. ghulul : Misappropriation of war booty before its distribution; embezzlement of public funds.
69. silent one : Refers to a human being (slave or captive) who cannot speak due to being bound or gagged, or metaphorically a mute person.
70. misappropriated : From the root gh-l-l, meaning to take unlawfully from the spoils before division.
71. division : The distribution of spoils among the rightful recipients.
72. bearer of the Qur'an : One who memorizes, recites, and lives by the Qur'an.
73. taken : Refers to the death of the Prophet Muhammad (peace be upon him).
74. Exalted Assembly : The highest gathering of angels in heaven.
75. accepts it with its acceptance : To fully embrace the Qur'an by implementing its commands, avoiding its prohibitions, and pausing at its ambiguous verses.
76. people of the Qur'an : Those who memorize, recite, and act upon the Qur'an.
77. days of Allah : Historical events or periods where Allah's power and mercy were manifest, such as the stories of past prophets.
78. provision : Spiritual provision or sustenance for the journey to the afterlife.

Chapter on the woman who succeeds her husband with goodness [1]

Chapter on the woman who succeeds her husband in goodness. 495 - Al-Fazari narrated from 'Asim ibn Sulayman from Abu 'Uthman... 496 - Al-Fazari narrated from Sufyan from Habib ibn Abi Thabit from Nafi' ibn 'Abd al-Harith that the Prophet, peace be upon him, said: "Indeed, from the happiness of a Muslim man are a spacious dwelling, a righteous neighbor, and a pleasant mount."

Chapter on Riya' [1] and the one who loves to be praised for his knowledge.

Chapter on Riya ¹ and Whoever Loves to Be Praised for His Knowledge 497 - Abu Marwan said: al-Fazari narrated to us from al-Awza'i, from Musa ibn Sulayman, from al-Qasim ibn Mukhaymira, who said: The Messenger of Allah, peace and blessings be upon him, said: "Allah does not accept any deed in which there is even a mustard seed's weight of Riya ¹." 498 - Al-Awza'i said: And Musa ibn Sulayman narrated to me from al-Qasim ibn Mukhaymira, who said: "Whoever acquires wealth from sinful means and then uses it to maintain family ties, or gives it in charity, or spends it in the way of Allah, all of that will be gathered together and thrown into Jahannam ²." 499 - Al-Fazari narrated to us from Za'ida, from 'Abd al-Malik ibn 'Umayr, from Abu Muslim al-Khawlani, who said: "Four things are not accepted in four [acts]: theft, betrayal, Ghulul ³, and the wealth of an orphan, in Hajj ⁴, 'Umra ⁵, charity, and spending in the way of Allah."

1. riya' : Showing off or performing deeds for the sake of being seen by others rather than for Allah's pleasure; ostentation.
2. Jahannam : Hellfire; one of the names for Hell in Islamic eschatology.
3. ghulul : Embezzlement or misappropriation of war booty or public funds; treachery in the context of spoils.
4. Hajj : The major pilgrimage to Mecca, obligatory for Muslims who are physically and financially able.
5. 'Umra : The lesser pilgrimage to Mecca, which can be performed at any time of the year.

Chapter on one who stands guard in the path of Allah [1] and naval warfare [2].

Chapter: On Guarding in the Path of Allah and Naval Expedition 500 - Abu Marwan narrated to us, saying: al-Fazari narrated to us from 'Uthman ibn 'Ata' from his father, who said: al-'Abbas ibn 'Abd al-Muttalib used to say: I heard the Messenger of Allah, may Allah bless him and grant him peace, say: "Two eyes will never be touched by the Fire: an eye that wept in the depths of the night out of fear of Allah, and an eye that spent the night guarding a detachment ¹ in the path of Allah."

1. sariyya : A military detachment sent on an expedition, typically smaller than a full army, often for raiding or reconnaissance.

Chapter on Precedence [1]

Chapter on Racing 501. Abu Marwan narrated to us, saying: al-Fazari narrated to us, from Sufyan, from Jabir, from 'Amir, who said: 'Umar had the horses run and he raced ¹.

1. sābaqa : To engage in a race or competition, often with a prize or wager involved.

Chapter on what belongs to the Caliph from the spoils of war [1].

Chapter: What the Caliph is Entitled to from the Spoils of War 502 - Al-Fazari reported from Mutarrif ibn Tarif who said: "Al-Sha'bi was asked about the share of the Prophet, peace be upon him, and his special portion ¹. He said: 'As for the share of the Messenger of Allah, it is like the share of any Muslim man. As for the special portion, it is a choice item he selects from whatever he wishes.'" Chapter: Taking (…) of the Muslims 503 - They are neither valiant nor clever, nor are they companions in the affairs of the people. 504 - We have related from Mutarrif who said: Abu 'Uthman al-A'naqi narrated to us in the year 304 AH, saying: Muhammad ibn Waddah narrated to us, saying: … 'Abd al-Malik al-Bazzar al-Misisi narrated to us, saying: 'Ata' ibn Abi Rabah narrated to us from 'Ata' al-Khurasani from Abu Hurayra who said: The Messenger of Allah, may Allah bless him and grant him peace, said: 'Verily, jihad has overwhelming waves ² by which we are saved from the overwhelming waves of the Day of Resurrection, including the straying of mounts and crossing rivers.'" Ibn Waddah said: "This 'Abd al-Malik is a memorizer, very knowledgeable in hadith, an imam in it." 505 - Al-Fazari said: I said to al-Awza'i: "A man whose companions differ in the thick of battle, or he is struck by an arrow from his companions or their catapult, or he strikes the enemy with his sword but misses and hits himself and dies—should such people be treated like the martyr?" He said: "Yes, everyone who is killed with a wound is not to be washed." 506 - Al-Fazari from Ibn al-Mubarak from Mis'ar from … a man on the day of al-Qadisiyya passed by him while his … had been cut, and he said to some of …: "Perhaps I may advance in the path of Allah the distance of a spear or two spears." Then he passed by him, and he had advanced the distance of a spear …

1. ṣafī : The special portion or choice item that the leader (originally the Prophet) could select from the spoils before distribution.
2. ghamarāt : Overwhelming waves or difficulties; here referring to the intense trials and hardships of jihad.