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Translation of Malik's Muwatta, Book 21:
Jihad
Courtesy of ISL
Software, makers of the WinAlim
Islamic database.
Section: Stimulation of Desire for Jihad
Book 21, Number 21.1.1:
Yahya related to me from Malik from Abu'z-Zinad from al-Araj from
Abu Hurayra that the Messenger of Allah, may Allah bless him and grant
him peace, said "Someone who does jihad in the way of Allah is like
someone who fasts and prays constantly and who does not slacken from
his prayer and fasting until he returns."
Book 21, Number 21.1.2:
Yahya related to me from Malik from Abu'z Zinad from al-Araj from
Abu Hurayra that the Messenger of Allah, may Allah bless him and grant
him peace, said, "Allah guarantees either the Garden or a safe return
to his home with whatever he has obtained of reward or booty, for the
one who does jihad in His way, if it is solely jihad and trust in his
promise that brings him out of his house."
Book 21, Number 21.1.3:
Yahya related to me from Malik from Zayd ibn Aslam from Abu Salih
as-Samman from Abu Hurayra that the Messenger of Allah, may Allah bless
him and grant him peace, said, "Horses are a reward for one man, a protection
for another, a burden for another. The one who has them as a reward
is the one who dedicates them for use in the way of Allah, and tethers
them in a meadow or grassland. Whatever the horse enjoys of the grassland
or meadow in the length of its tether are good deeds for him. If it
breaks its tether and goes over a hillock or two, its tracks and droppings
are good deeds for him. If it crosses a river and drinks from it while
he did not mean to allow it to drink it, that counts as good deeds for
him, and the horse is a reward for him.
Another man uses his horse to gain self reliance and up-standingness
and does not forget Allah's right on their necks and backs (i.e. he
does not ill treat or over-work them). Horses are a protection for him
.
Another man uses them out of pride to show them off and in hostility
to the people of Islam. They are a burden on that man."
The Messenger of Allah, may Allah bless him and grant him peace, was
asked about donkeys, and he said, "Nothing has been revealed to me about
them except this single all-inclusive ayat, 'Whoever does an atom of
good will see it, and whoever does an atom of evil, will see it.' "
(Sura 99 Ayats 7,8) .
Book 21, Number 21.1.4:
Yahya related to me from Abdullah ibn Abd ar-Rahman ibn Mamar al-Ansari
that Ata ibn Yasar said that the Messenger of Allah, may Allah bless
him and grant him peace, said, "Shall I tell you who has the best degree
among people? A man who takes the rein of his horse to do jihad in the
way of Allah. Shall I tell you who has the best degree among people
after him? A man who lives alone with a few sheep, performs the prayer,
pays the zakat, and worships Allah without associating anything with
him."
Book 21, Number 21.1.5:
Yahya related to me from Malik that Yahya ibn Said said, ''Ubada ibn
al-Walid ibn Ubada ibn as-Samit informed me from his father that his
grandfather (Ubada) said, 'We made a contract with the Messenger of
Allah, may Allah bless him and grant him peace, to hear and obey in
ease and hardship, enthusiasm and reluctance, and not to dispute with
people in authority and to speak or establish the truth wherever we
were without worrying about criticism.'"
Book 21, Number 21.1.6:
Yahya related to me from Malik that Zayd ibn Aslam had said that Ubayda
ibn al-Jarrah had written to Umar ibn al-Khattab mentioning to him a
great array of Byzantine troops and the anxiety they were causing him.
Umar ibn al-Khattab wrote in reply to him, "Whatever hardship befalls
a believing slave, Allah will make an opening for him after it, and
a hardship will not overcome two eases. Allah the Exalted says in His
Book, 'O you who trust, be patient, and vie in patience; be steadfast
and fear Allah, perhaps you will profit.' " (Sura 3 ayat 200).
Section: Prohibition against Travelling with the Qur'an in Enemy Territory
Book 21, Number 21.2.7:
Yahya related to me from Malik from Nafi that Abdullah ibn Umar said
that the Messenger of Allah, may Allah bless him and grant him peace,
forbade travelling with a Qur'an in the land of the enemy. Malik commented,
"That is out of fear that the enemy will get hold of it."
Section: Prohibition against Killing Women and Children in Military Expeditions
Book 21, Number 21.3.8:
Yahya related to me from Malik from Ibn Shihab that a son of Kab ibn
Malik (Malik believed that ibn Shihab said it was Abd ar-Rahman ibn
Kab) said, "The Messenger of Allah, may Allah bless him and grant him
peace, forbade those who fought ibn Abi Huqayq (a treacherous jew from
Madina) to kill women and children. He said that one of the men fighting
had said, 'The wife of ibn Abi Huqayq began screaming and I repeatedly
raised my sword against her. Then I would remember the prohibition of
the Messenger of Allah, may Allah bless him and grant him peace, so
I would stop. Had it not been for that, we would have been rid of her.'
"
Book 21, Number 21.3.9:
Yahya related to me from Malik from Nafi from Ibn Umar that the Messenger
of Allah, may Allah bless him and grant him peace, saw the corpse of
a woman who had been slain in one of the raids, and he disapproved of
it and forbade the killing of women and children.
Book 21, Number 21.3.10:
Yahya related to me from Malik from Yahya ibn Said that Abu Bakr as-Siddiq
was sending armies to ash-Sham. He went for a walk with Yazid ibn Abi
Sufyan who was the commander of one of the battalions. It is claimed
that Yazid said to Abu Bakr, "Will you ride or shall I get down?" Abu
Bakrsaid, "I will not ride and you will not get down. I intend these
steps of mine to be in the way of Allah."
Then Abu Bakr advised Yazid, "You will find a people who claim to
have totally given themselves to Allah. Leave them to what they claim
to have given themselves. You will find a people who have shaved the
middle of their heads, strike what they have shaved with the sword.
"I advise you ten things: Do not kill women or children or an aged,
infirm person. Do not cut down fruit-bearing trees. Do not destroy an
inhabited place. Do not slaughter sheep or camels except for food. Do
not burn bees and do not scatter them. Do not steal from the booty,
and do not be cowardly."
Book 21, Number 21.3.11:
Yahya related to me from Malik that he had heard that Umar ibn Abd
al-Aziz wrote to one of his governors, "It has been passed down to us
that when the Messenger of Allah, may Allah bless him and grant him
peace, sent out a raiding party, he would say to them, 'Make your raids
in the name of Allah in the way of Allah. Fight whoever denies Allah.
Do not steal from the booty, and do not act treacherously. Do not mutilate
and do not kill children.' Say the same to your armies and raiding parties,
Allah willing. Peace be upon you."
Section: Fulfilling Safe Conduct
Book 21, Number 21.4.12:
Yahya related to me from Malik from a man of Kufa that Umar ibn al-Khattab
wrote to a lieutenant of an army which he had sent out, "I have heard
that it is the habit of some of your men to chase an unbeliever till
he takes refuge in a high place. Then one man tells him in Persian not
to be afraid, and when he comes up to him, he kills him. By He in whose
hand my self is, if I knew someone who had done that, I would strike
off his head."
Yahya said, I heard Malik say, "This tradition is not unanimously
agreed upon, so one does not act on it."
Malik when asked whether safe conduct promised by gesture had the
same status as that promised by speech, said, "Yes. I think that one
can request an army not to kill someone by gesturing for safe conduct,
because as far as I am concerned, gesture has the same status as speech.
I have heard that Abdullah ibn Abbas said, 'There is no people who betray
a pledge, but that Allah gives their enemies power over them.' "
Section: Giving in the Way of Allah
Book 21, Number 21.5.13:
Yahya related to me from Malik from Nafi that when Abdullah ibn Umar
gave something in the way of Allah, he would say to its owner, "When
you reach Wadi'l-Qura, (on the outskirts of Madina) then it is your
affair."
Book 21, Number 21.5.14:
Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab
used to say, "When a man is given something to use in a military expedition,
and he brings it to the battlefield, it is his."
Malik was asked about a man who pledged himself to go on a military
campaign, equipped himself,and when he wanted to go out, one or both
of his parents prevented him. He said, "He should not contradict them.
Let him put it off for another year. As for the equipment, I think that
he should store it until he needs it. If he fears that it will spoil,
let him sell it and keep its price so that he can readily buy what is
needed fora military expedition. If he is well-to-do, he will find the
like of his equipment when he goes out, so let him do what he likes
with his equipment."
Section: Booty from War in General
Book 21, Number 21.6.15:
Yahya related to me from Malik from Nafi from Abdullah ibn Umar that
the Messenger of Allah, may Allah bless him and grant him peace, sent
a raiding party which included Abdullah ibn Umar near Najd. They plundered
many camels and their portions were twelve or eleven camels each. They
divided it up camel by camel.
Book 21, Number 21.6.16:
Yahya related to me from Malik from Yahya ibn Said that he heard Said
ibn al-Musayyab say, "When people in military expeditions divided the
spoils, they made a camel equal to ten sheep."
Malik said about the paid labourer in military expeditions, "If he
is present at the battle and is with the people in the battle and he
is a free man, he has his share. If he is not present, he has no share."
Malik summed up, "I think that the booty is only divided among free
men who have been present at the battle. "
Section: Things on Which the Tax of One Fifth (Khumus) is Not Obligatory
Book 21, Number 21.7.16a:
Malik said about enemy soldiers who were found on the seashore of
a Muslim land, and they claimed that they were merchants and that the
sea had driven them ashore, while the Muslims were not able to verify
any of that except that their ships were damaged, or they were thirsty
and had disembarked without the permission of the Muslims, "I think
that it is up to the imam to give his opinion about them, and I do not
think that the tax of one fifth is taken from them."
Section: What It is Permissible for the Muslims to Eat Before the Spoils
are Divided
Book 21, Number 21.8.16b:
Malik said, "I do not see that there is any harm in the Muslims eating
whatever food they come across in enemy territory before the spoils
are divided."
Malik said, "I think that any camels, cattle and sheep (taken as booty)
are considered as food which the Muslims can eat in enemy territory.
If they could not be eaten until the people had gathered for the division
and the spoils had been distributed among them, that would be harmful
for the army. I do not see any objection to eating such things within
acceptable limits. I do not think, however, that anyone should store
up any of it to take back to his family."
Malik was asked whether it was proper for a man who obtained food
in enemy territory and ate some of it and made provision so that there
was some of it left over to keep and eat with his family, or to sell
before he had come to his country and make use of its price. He said,
"If he sells it while he is on a military expedition, I think that he
should put its price into the booty of the Muslims. If he takes it back
to his country, I see no objection to his eating it and using it if
it is a small insignificant thing."
Section: Returning to the Owner What has been Captured by the Enemy Before
the Spoils are Divided
Book 21, Number 21.9.17:
Yahya related to me from Malik that it reached him that a slave of
Abdullah ibn Umar escaped and one of his horses wandered off, and the
idol worshippers seized them. Then the Muslims recaptured them, and
they were returned to Abdullah ibn Umar, before the division of the
spoils took place.
I heard Malik say about muslim property that had been seized by the
enemy, "If it is noticed before the distribution, then it is returned
to itsowner. Whatever has already been distributed is not returned to
anyone."
Malik, when asked about a man whose young male slave was taken by
the idol worshippers and then the Muslims re-captured him, said, "The
owner is more entitled to him without having to pay his price or value
or having to incur any loss before the distribution takes place. If
the distribution has already taken place then I think that the slave
belongs to his master for his price if the master wants him back."
Regarding an umm walad of a Muslim man who has been taken by the idol
worshippers and then recaptured by the Muslims and allotted in the distribution
of spoils and then recognised by her master after the distribution,
Malik said, "She is not to be enslaved. I think that the Imam should
pay a ransom for her for her master. If he does not do it, then her
master must pay a ransom for her and not leave her. I do not think that
she should be made a slave by whoever takes her and intercourse with
her is not halal. She is in the position of a free woman because her
master would be required to pay compensation if she injured somebody
and so she is in the same position (as a wife). He must not leave the
mother of his son to be enslaved nor may intercourse with her be made
halal."
Malik was asked about a man who went to enemy territory to pay ransom
or to trade, and he bought a free man or a slave, or they were given
to him. He said, "As for the free man, the price he buys him for is
a debt against the man and he is not made a slave. If the captive is
given to him freely, he is free and owes nothing unless the man gave
something in recompense for him. That is a debt against the free man,
the same as if a ransom had been paid for him. As for a slave, his former
master can choose to take him back and pay his price to the man who
bought him or he can choose to leave him, as he wishes. If he was given
to the man, the former master is more entitled to him, and he owes nothing
for him unless the man gave something for him in recompense. Whatever
he gave for him is a loss against the master if he wants him back."
Section: Stripping the Slain of their Personal Effects in the Booty
Book 21, Number 21.10.18:
Yahya related to me from Malik from Yahya ibn Said from Amr ibn Kathir
ibn Aflah from Abu Muhammad, the mawla of Abu Qatada that Abu Qatada
ibn Ribi said, "We went out with the Messenger of Allah, may Allah bless
him and grant him peace, in the year of Hunayn. When the armies met,
the Muslims were put in disarray. I saw a man from the idol worshippers
who had got the better of one of the Muslims, so I circled round and
came up behind him, and struck him with a sword on his shoulder-blade.
He turned to me and grabbed me so hard that I felt the smell of death
in it. Then death overcame him, and he let go of me."
He continued, "I met Umar ibn al-Khattab and said to him, 'What's
going on with the people?' He replied, 'The Command of Allah.' Then
the people took hold of the battle and the Messenger of Allah, may Allah
bless him and grant him peace, said, 'Whoever has killed one of the
dead and can prove it, can strip him of his personal effects.' I stood
up and said, 'Who will testify for me?' and then I sat down. The Messenger
of Allah repeated, 'Whoever has killed one of the dead and can prove
it, can strip him of his personal effects.' I stood up and said, 'Who
will testify for me?' then I sat down. Then he repeated his statement
a third time, so I stood up, and the Messenger of Allah, may Allah bless
him and grant him peace, said, 'What's the matter with you, Abu Qatada?'
So I related my story to him. A man said, 'He has spoken the truth,
Messenger of Allah. I have the effects of that slain person with me,
so give him compensation for it, Messenger of Allah.'
Abu Bakr said, 'No, by Allah! He did not intend that one of the lions
of Allah should fight for Allah and His Messenger and then give you
his spoils.' The Messenger of Allah, may Allah bless him and grant him
peace, said, 'He has spoken the truth, hand it over to him.' He gave
it to me, and I sold the breast-plate and I bought a garden in the area
of the Banu Salima with the money. It was my first property, and I acquired
it in Islam."
Book 21, Number 21.10.19:
Yahya related to me from Malik from Ibn Shihab that al-Qasim ibn Muhammad
said that he had heard a man asking ibn Abbas about booty. Ibn Abbas
said, "Horses are part of the booty and personal effects are as well."
Then the man repeated his question, and Ibn Abbas repeated his answer.
Then the man said, "What are the spoils which He, the Blessed, the Exalted,
mentioned in His Book?" He kept on asking until Ibn Abbas was on the
verge of being annoyed, then Ibn Abbas said, "Do you know who this man
is like? Ibn Sabigh, who was beaten by Umar ibn al-Khattab because he
was notorious for asking foolish questions."
Yahya said that Malik was asked whether someone who killed one of
the enemy could keep the man's effects without the permission of the
Imam. He said, "No one can do that without the permission of the Imam.
Only the Imam can make ijtihad. I have not heard that the Messenger
of Allah, may Allah bless him and grant him peace, ever said, 'Whoever
kills someone can have his effects,' on any other day than the day of
Hunayn."
3
Section: Awarding Bonuses from the Tax of One Fifth (Khumus)
Book 21, Number 21.11.20:
Yahya related to me from Malik from Abu'z-Zinad that Said ibn al-Musayyab
said, "People used to be given bonuses from the Khumus."
Malik said, "That is the best of what I have heard on the matter."
Malik was asked about bonuses and whether they were taken from the
first of the spoils, and he said, "That is only decided according to
the ijtihad of the Imam. We do not have a known reliable command about
that other than it is up to the ijtihad of the Sultan. I have not heard
that the Messenger of Allah, may Allah bless him and grant him peace,
gave bonuses in all his raids. I have only heard that he gave bonuses
in one of them, namely the day of Hunayn. It depends on the ijtihad
of the Imam whether they are taken from the first of the spoils or what
is after it."
Section: The Share of the Spoils Allotted to Cavalry in Military Expeditions
Book 21, Number 21.12.21:
Yahya related to me that Malik said that he had heard that Umar ibn
Abd al-Aziz used to say, "The man on horse-back has two shares, and
the man on foot has one."
Malik added, "I continue to hear the same."
Malik, when asked whether a man who was present with several horses
took a share for all of them, said, "I have never heard that. I think
that there is only a share for the horse on which he fought."
Malik said, "I think that foreign horses and half-breeds are considered
as horses because Allah, the Blessed, the Exalted, said in His Book,
'All horses, and mules, and asses, for you to ride, and as an adornment.'
(Sura16 ayat 8). He said, the Mighty, the Majestic, 'Make ready for
them whatever force and strings of horses you can, to terrify thereby
the enemy of Allah and your enemy.' (Sura 8 ayat 60). I think that foreign
breeds and half-breeds are considered as horses if the governor accepts
them."
Said ibn al-Musayyab was asked about working horses, and whether there
was zakat on them. He said, "Is there any zakat on horses.?"
Section: Stealing from the Spoils
Book 21, Number 21.13.22:
Yahya related to me from Malik from Abd ar-Rahman ibn Said from Amr
ibn Shuayb that when the Messenger of Allah, may Allah bless him and
grant him peace, came back from Hunayn heading for al-Jiirrana, the
people crowded around so much to question him that his she-camel backed
into a tree, which became entangled in his cloak and pulled it off his
back. The Messenger of Allah, may Allah bless him and grant him peace,
said, "Return my cloak to me. Are you afraid that I will not distribute
among you what Allah has given you as spoils. By He in whose hand my
self is! Had Allah given you spoils equal to the number of acacia trees
on the plain of Tihama, I would have distributed it among you. You will
not find me to be miserly, cowardly, or a liar." Then the Messenger
of Allah, may Allah bless him and grant him peace, got down and stood
among the people, and said, "Hand over even the needle and thread, for
stealing from the spoils is disgrace, fire, ignominy on the Day of Rising
for people who do it." Then he took a bit of camel fluff or something
from the ground and said, "By He in whose hand my self is! What Allah
has made spoils for you is not mine - even the like of this! - except
for the tax of one fifth, and the tax of one fifth is returned to you."
Book 21, Number 21.13.23:
Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn
Yahya ibn Habban from Ibn Abi Amra that Zayd ibn Khalid al-Juhani said,
"A man died on the day of Hunayn, and they mentioned him to the Messenger
of Allah, may Allah bless him and grant him peace." Zayd claimed that
the Messenger of Allah, may Allah bless him and grant him peace, said,
"You pray over your companion." (i.e. he would not pray himself). The
people's faces dropped at that. Zayd claimed that the Messenger of Allah,
may Allah bless him and grant him peace, said, "Your companion stole
from the spoils taken in the way of Allah." Zayd said, "So we opened
up his baggage and found some Jews' beads worth about two dirhams."
Book 21, Number 21.13.24:
Yahya related to me from Malik from Yahya ibn Said from Abdullah ibn
al-Mughira ibn Abi Burda al-Kinani that he had heard that the Messenger
of Allah, may Allah bless him and grant him peace, came to the people
in their tribes and made dua for them, but left out one of the tribes.
Abdullah related, "The tribe found an onyx necklace in the saddle-bags
of one of their men. The Messenger of Allah, may Allah bless him and
grant him peace, came to them, and then did the takbir over them as
one does the takbir over the dead."
Book 21, Number 21.13.25:
Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from Abu'l-Ghayth
Salim, the mawla of ibn Muti that Abu Hurayra said, "We went out with
the Messenger of Allah, may Allah bless him and grant him peace, in
the yearof Khaybar. We did not capture any gold or silver except for
personal effects, clothes, and baggage. Rifaa ibn Zayd presented a black
slave boy to the Messenger of Allah, may Allah bless him and grant him
peace, whose name was Midam. The Messenger of Allah, may Allah bless
him and grant him peace, made for Wadi'l-Qura, and when he arrived there,
Midam was unsaddling the camel of the Messenger of Allah, may Allah
bless him and grant him peace, when a stray arrow struck and killed
him. The people said, 'Good luck to him! The Garden!' The Messenger
of Allah said, 'No! By He in whose hand my self is! The cloak which
he took from the spoils on the Day of Khaybar before they were distributed
will blaze with fire on him.' When the people heard that, a man brought
a sandal-strap or two sandal-straps to the Messenger of Allah, may Allah
bless him and grant him peace. The Messenger of Allah, may Allah bless
him and grant him peace, said, 'A sandal-strap or two sandal-straps
of fire!' "
Book 21, Number 21.13.26:
Yahya related to me from Malik from Yahya ibn Said that he had heard
that Abdullah ibn Abbas said, "Stealing from the spoils does not appear
in a people but that terror is cast into their hearts. Fornication does
not spread in a people but that there is much death among them. A people
do not lessen the measure and weight but that provision is cut off from
them. A people do not judge without right but that blood spreads among
them. A people do not betray the pledge but that Allah gives their enemies
power over them."
Section: The Martyrs in the Way of Allah
Book 21, Number 21.14.27:
Yahya related to me from Malik from Abu'z-Zinad from al-Araj from
Abu Hurayra that the Messenger of Allah, may Allah bless him and grant
him peace, said, "By He in whose hand my self is! I would like to fight
in the way of Allah and be killed, then be brought to life again so
I could be killed, and then be brought to life again so I could be killed."
Abu Hurayra said three times, "I testify to it by Allah!"
Book 21, Number 21.14.28:
Yahya related to me from Malik from Abu'z-Zinad from al-Araj from
Abu Hurayra that the Messenger of Allah, may Allah bless him and grant
him peace, said, "Allah laughs at two men. One of them kills the other,
but each of them will enter the Garden: one fights in the way of Allah
and is killed, then Allah turns to the killer, so he fights (in the
way of Allah) and also becomes a martyr."
Book 21, Number 21.14.29:
Yahya related to me from Malik from Abu'z-Zinad from al-Araj from
Abu Hurayra that the Messenger of Allah, may Allah bless him and grant
him peace, said, "By He in whose hand my self is! None of you is wounded
in the way of Allah - and Allah knows best who is wounded in HisWay,
but that when the Day of Rising comes, blood will gush forth from his
wound. It will be the colour of blood, but its scent will be that of
musk."
Book 21, Number 21.14.30:
Yahya related to me from Malik from Zayd ibn Aslam that Umar ibn al-Khattab
used to say, "O Allah! Do not let me be slain by the hand of a man who
has prayed a single prostration to You with which he will dispute with
me before You on the Day of Rising!"
Book 21, Number 21.14.31:
Yahya related to me from Malik from Yahya ibn Said from Said al-Maqburi
from Abdullah ibn Abi Qatada that his father had said that a man came
to the Messenger of Allah, may Allah bless him and grant him peace,
and said, "O Messenger of Allah! If I am killed in the way of Allah,
expectant for reward, sincere, advancing, and not retreating, will Allah
pardon my faults?" The Messenger of Allah, may Allah bless him and grant
him peace, said, "Yes." When the man turned away, the Messenger of Allah,
may Allah bless him and grant him peace, called him - or commanded him
and he was called to him. The Messenger of Allah, may Allah bless him
and grant him peace, said to him, "What did you say?" He repeated his
words to him, and the Prophet, may Allah bless him and grant him peace,
said to him, "Yes, except for the debt. Jibril said that to me."
Book 21, Number 21.14.32:
Yahya related to me from Malik from Abu'n-Nadr, the mawla of Umar
ibn Ubaydullah that he had heard that the Messenger of Allah, may Allah
bless him and grant him peace, said over the martyrs of Uhud, "I testify
for them." Abu Bakr as-Siddiq said, "Messenger of Allah! Are we not
their brothers? We entered Islam as they entered Islam and we did jihad
as they did jihad." The Messenger of Allah, may Allah bless him and
grant him peace, said, "Yes, but I do not know what you will do after
me." Abu Bakr wept profusely and said, "Are we really going to out-live
you!"
Book 21, Number 21.14.33:
Yahya related to me from Malik that Yahya ibn Said said, "The Messenger
of Allah, may Allah bless him and grant him peace, was sitting by a
grave which was being dug at Madina. A man looked into the grave and
said, 'An awful bed for the mumin. 'The Messenger of Allah, may Allah
blesshim and grant him peace, said, 'Evil? What you have said is absolutely
wrong.'
The man said, 'I didn't mean that, Messenger of Allah. I meant being
killed in the way of Allah.' The Messenger of Allah, may Allah bless
him and grant him peace, said, 'Being killed in the way of Allah has
no like! There is no place on the earth which I would prefer my grave
to be than here (meaning Madina). He repeated it three times.' "
Section: Things in which Martyrdom Lies
Book 21, Number 21.15.34:
Yahya related to me from Malik from Zayd ibn Aslam that Umar ibn al-Khattab
used to say, "O Allah! I ask you for martyrdom in Your way and death
in the city of Your Messenger!"
Book 21, Number 21.15.35:
Yahya related to me from Malik from Yahya ibn Said that Umar ibn al-Khattab
said, "The nobility of the mumin is his taqwa. His deen is his noble
descent. His manliness is his good character. Boldness and cowardice
are but instincts which Allah places wherever He wills. The coward shrinks
from defending even his father and mother, and the bold one fights for
the sake of the combat not for the spoils. Being slain is but one way
of meeting death, and the martyr is the one who gives himself, expectant
of reward from Allah."
Section: How to Wash the Martyr
Book 21, Number 21.16.36:
Yahya related to me from Malik from Nafi from Abdullah ibn Umar that
Umar ibn al-Khattab was washed and shrouded and prayed over, yet he
was a martyr, may Allah have mercy on him .
Book 21, Number 21.16.37:
Yahya related to me from Malik that he had heard the people of knowledge
say that martyrs in the way of Allah were not washed, nor were any of
them prayed over. They were buried in the garments in which they were
slain.
Malik said, "That is the sunna for someone who is killed on the battleground
and is not reached until he is already dead. Someone who is carried
off and lives for as long as Allah wills after it, is washed and prayed
over as was Umar ibn al-Khattab."
Section: What is Disliked to be done with Something Given in the Way of
Allah
Book 21, Number 21.17.38:
Yahya related to me from Malik from Yahya ibn Said that Umar ibn al-Khattab
in one year gave 40,000 camels as mounts. Sometimes he would give one
man a camel to himself. Sometimes he would give one camel between two
men to take them to Iraq. A man from Iraq came to him and said, "Give
Suhaym and I a mount.''Umar ibn al-Khattab said to him,"l demand from
you, by Allah!, is Suhaym a water skin?" He said, "Yes."
Section: Stimulation of Desire for Jihad
Book 21, Number 21.18.39:
Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha
that Anas ibn Malik had said that when the Messenger of Allah, may Allah
bless him and grant him peace, went to Quba, he visited Umm Haram bint
Milhan and she fed him. Umm Haram was the wife of Ubada ibn as-Samit.
One day the Messenger of Allah, may Allah bless him and grant him peace,
had called on her and she had fed him, and sat down to delouse his hair.
The Messenger of Allah, may Allah bless him and grant him peace, had
dozed and woke up smiling. Umm Haram said, "What is making you smile,
Messenger of Allah?" He said, "Some of my community were presented to
me, raiding in the way of Allah. They were riding in the middle of the
sea, kings on thrones, or like kings on thrones." (Ishaq wasn't sure).
She said, "O Messenger of Allah! Ask Allah to put me among them!" So
he had made a dua for her, and put his head down and slept. Then he
had woken up smiling, and she said to him, "Messenger of Allah, why
are you smiling?" He said, "Some of my community were presented to me,
raiding in the way of Allah. They were kings on thrones or like kings
on thrones," as he had said in the first one. She said, "O Messenger
of Allah! Ask Allah to put me among them!" He said, "You are among the
first."
Ishaq added, "She travelled on the sea in the time of Muawiya, and
when she landed, she was thrown from her mount and killed."
Book 21, Number 21.18.40:
Yahya related to me from Malik from Yahya ibn Said from Abu Salih
as-Samman from Abu Hurayra that the Messenger of Allah, may Allah bless
him and grant him peace, said, "Had I not been concerned for my community,
I would have liked never to stay behind a raiding party going out in
the way of Allah. However, I do not find the means to carry them to
it, nor do they find anything on which to ride out and it is grievous
for them that they should stay behind me. I would like to fight in the
way of Allah and be killed, then brought to life so I could be killed
and then brought to life so I could be killed."
Book 21, Number 21.18.41:
Yahya related to me from Malik that Yahya ibn Said said, "On the Day
of Uhud, The Messenger of Allah, may Allah bless him and grant him peace,
said, 'Who will bring me news of Sad ibn al-Rabi al-Ansari?' a man said,
'Me, Messenger of Allah!' So the man went around among the slain, and
Sad ibn al-Rabi said to him, 'What are you doing?' The man said to him,
'The Messenger of Allah, may Allah bless him and grant him peace, sent
me to bring him news of you.' He said, 'Go to him, and give him my greetings,
and tell him that I have been stabbed twelve times, and am mortally
wounded. Tell your people that they will have no excuse with Allah if
the Messenger of Allah, may Allah bless him and grant him peace, is
slain while one of them is still alive.' "
Book 21, Number 21.18.42:
Yahya related to me from Malik from Yahya ibn Said that the Messenger
of Allah, may Allah bless him and grant him peace, stimulated people
for jihad and mentioned the Garden. One of the Ansar was eating some
dates in his hand, and said, "Am I so desirous of this world that I
should sit until I finish them?" He threw aside what was in his hand
and took his sword, and fought until he was slain .
Book 21, Number 21.18.43:
Yahya related to me from Malik from Yahya ibn Said that Muadh ibn
Jabal said, "There are two military expeditions. There is one military
expedition in which valuables are spent, the contributor is willing,
the authorities are obeyed, and corruption is avoided. That military
expedition is all good. There is a military expedition in which valuables
are not spent, the contributor is not willing, the authorities are not
obeyed, and corruption is not avoided. The one who fights in that military
expedition does not return with reward."
Section: Horses and Racing Them and Expending in Military Expeditions
Book 21, Number 21.19.44:
Yahya related to me from Malik from Nafi from Abdullah ibn Umar that
the Messenger of Allah, may Allah bless him and grant him peace, said,
"Blessing is in the forelocks of horses until the Day of Rising."
Book 21, Number 21.19.45:
Yahya related to me from Malik from Nafi from Abdullah ibn Umar that
the Messenger of Allah, may Allah bless him and grant him peace, held
a race between horses which had been made lean by training, from al-Hafya
to Thaniyatu-lWada. He held a race between horses which had not been
made lean from the Thaniya (a mountain pass near Madina) to the mosque
of the Banu Zurayq. Abdullah ibn Umar was among those who raced them
.
Book 21, Number 21.19.46:
Yahya related to me from Malik that Yahya ibn Said heard Said ibn
al-Musayyab say, "There is no harm in placing stakes on horses if a
third horse enters it. The winner takes the stake, and there is no fine
against the loser."
Book 21, Number 21.19.47:
Yahya related to me from Malik from Yahya ibn Said that the Messenger
of Allah, may Allah bless him and grant him peace, was seen wiping the
face of his horse with his cloak. He was questioned about it and said,
"I was reproached in the night about horses." i.e. not taking care of
them.
Book 21, Number 21.19.48:
Yahya related to me from Malik from Humayd at-Tawil from Anas ibn
Malik that when the Messenger of Allah, may Allah bless him and grant
him peace, went out to Khaybar, he arrived there at night, and when
he came upon a people by night, he did not attack until morning. In
the morning, the jews came out with their spades and baskets. When they
saw him, they said, "Muhammad! By Allah, Muhammad and his army!" The
Messenger of Allah, may Allah bless him and grant him peace, said "Allah
is greater! Khaybar is destroyed. When we come to a people, it is an
evil morning for those who have been warned . "
Book 21, Number 21.19.49:
Yahya related to me from Malik from Ibn Shihab from Humayd ibn Abd
ar-Rahman ibn Awf from Abu Hurayra that the Messenger of Allah, may
Allah bless him and grant him peace, said, "Whoever hands over two of
any type of property in the way of Allah is called to the Garden, with
the words 'O slave of Allah! This is good!' Whoever is among the people
of prayer, is called from the gate of prayer. Whoever is among the people
of jihad is called from the gate of jihad. Whoever is among the people
of sadaqa, is called from the gate of sadaqa. Whoever is among the people
of fasting, is called from the gate of the well-watered. (Bab ar-Rayyan)."
Abu Bakr as-Siddiq said, "Messenger of Allah! Is it absolutely necessary
that one be called from one of these gates? Can someone be called from
all of these gates?" He said, "Yes, and I hope you are among them ."
21.20 Acquisition of the Land of Those who Surrender from the People
of Dhimma
Book 21, Number 21.19.49a:
Malik was asked whether, when an imam had accepted jizya from a people
and they gave it, he thought that the land of one of them who surrendered
belonged to him or whether his land and property belonged to the Muslims.
Malik said, "That varies. As for the people of peace, if one of them
surrenders, then he is entitled to his land and property. As for the
people of force who use force, if one of them surrenders, his land and
property belong to the Muslims because the people of force are overcome
in their towns, and it becomes booty for the Muslims. As for the people
of peace, their property and selves are protected so that they make
peace for them. Only what they have made peace for is obliged of them."
Section: Burial in One Grave by Necessity and Abu Bakr's, may Allah be Pleased
with Him, Carrying Out the Promise of the Messenger of Allah, may Allah
Bless Him and Grant Him Peace, After the Death of the Messenger, may Allah
Bless Him and Grant Him Peace
Book 21, Number 21.20.50:
Yahya related to me from Malik from Abd ar-Rahman ibn Abi Sasaca that
he had heard that Amr ibn al-Jamuh al-Ansari and Abdullah ibn Umar al-Ansari,
both of the tribe of Banu Salami, had their grave uncovered by a flood.
Their grave was part of what was left after the flood. They were in
the same grave, and they were among those martyred at Uhud. They were
dug up so that they might be moved. They were found unchanged. It was
as if they had died only the day before. One of them had been wounded,
and he had put his hand over his wound and had been buried like that.
His hand was pulled away from his wound and released, and it returned
to where it had been. It was forty-six years between Uhud and the day
they were dug up.
Malik said, "There is no harm in burying two or three men in the same
grave due to necessity. The oldest one is put next to the qibla."
Book 21, Number 21.20.51:
Yahya related to me from Malik that Rabia ibn Abi Abd ar-Rahman said,
"Property was sent to Abu Bakr as-Siddiq from Bahrayn. He said, 'If
someone had a promise or a pledge with the Messenger of Allah, may Allah
bless him and grant him peace, let him come to me.' So Jabir ibn Abdullah
came to him, and he gave him three times as much of it as would fill
both hands.''
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