كتاب الجهادJihad

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."

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."

Yahya related to me from Malik from Zayd ibn Aslam from Abu Salih

as-Samman from Abu Hurayra that the Messenger of Allah, may Allah

bless him and grant him peace, said, "Horses are a reward for one man,

a protection for another, a burden for another. The one who has them

as a reward is the one who dedicates them for use in the way of Allah,

and tethers them in a meadow or grassland. Whatever the horse enjoys

of the grassland or meadow in the length of its tether are good deeds

for him. If it breaks its tether and goes over a hillock or two, its

tracks and droppings are good deeds for him. If it crosses a river and

drinks from it while he did not mean to allow it to drink it, that

counts as good deeds for him, and the horse is a reward for him.

Another man uses his horse to gain self reliance and up-

standingness and does not forget Allah's right on their necks and

backs (i.e. he does not ill treat or over-work them). Horses are a

protection for him .

Another man uses them out of pride to

show them off and in hostility to the people of Islam. They are a

burden on that man."

The Messenger of Allah, may Allah bless

him and grant him peace, was asked about donkeys, and he said,

"Nothing has been revealed to me about them except this single all-

inclusive ayat, 'Whoever does an atom of good will see it, and whoever

does an atom of evil, will see it.' " (Sura 99 Ayats 7,8) .

Yahya related to me from 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."

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.'"

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).

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."

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.' "

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.

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."

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."

Yahya related to me from Malik from a man of Kufa that Umar ibn

al-Khattab wrote to a lieutenant of an army which he had sent out, "I

have heard that it is the habit of some of your men to chase an

unbeliever till he takes refuge in a high place. Then one man tells

him in Persian not to be afraid, and when he comes up to him, he kills

him. By He in whose hand my self is, if I knew someone who had done

that, I would strike off his head."

Yahya said, I heard Malik

say, "This tradition is not unanimously agreed upon, so one does not

act on it."

Malik when asked whether safe conduct promised by

gesture had the same status as that promised by speech, said, "Yes. I

think that one can request an army not to kill someone by gesturing

for safe conduct, because as far as I am concerned, gesture has the

same status as speech. I have heard that Abdullah ibn Abbas said,

'There is no people who betray a pledge, but that Allah gives their

enemies power over them.' "

Yahya related to me from Malik from 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."

Yahya related to me from Malik from Yahya ibn Said that Said ibn

al-Musayyab used to say, "When a man is given something to use in a

military expedition, and he brings it to the battlefield, it is his."

Malik was asked about a man who pledged himself to go on a

military campaign, equipped himself,and when he wanted to go out, one

or both of his parents prevented him. He said, "He should not

contradict them. Let him put it off for another year. As for the

equipment, I think that he should store it until he needs it. If he

fears that it will spoil, let him sell it and keep its price so that

he can readily buy what is needed fora military expedition. If he is

well-to-do, he will find the like of his equipment when he goes out,

so let him do what he likes with his equipment."

Yahya related to me from Malik from 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.

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. "

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."

Malik said, "I do not see that there is any harm in the Muslims

eating whatever food they come across in enemy territory before the

spoils are divided."

Malik said, "I think that any camels,

cattle and sheep (taken as booty) are considered as food which the

Muslims can eat in enemy territory. If they could not be eaten until

the people had gathered for the division and the spoils had been

distributed among them, that would be harmful for the army. I do not

see any objection to eating such things within acceptable limits. I do

not think, however, that anyone should store up any of it to take back

to his family."

Malik was asked whether it was proper for a

man who obtained food in enemy territory and ate some of it and made

provision so that there was some of it left over to keep and eat with

his family, or to sell before he had come to his country and make use

of its price. He said, "If he sells it while he is on a military

expedition, I think that he should put its price into the booty of the

Muslims. If he takes it back to his country, I see no objection to his

eating it and using it if it is a small insignificant thing."

Yahya related to me from Malik that it reached him that a slave

of Abdullah ibn Umar escaped and one of his horses wandered off, and

the idol worshippers seized them. Then the Muslims recaptured them,

and they were returned to Abdullah ibn Umar, before the division of

the spoils took place.

I heard Malik say about muslim

property that had been seized by the enemy, "If it is noticed before

the distribution, then it is returned to itsowner. Whatever has

already been distributed is not returned to anyone."

Malik,

when asked about a man whose young male slave was taken by the idol

worshippers and then the Muslims re-captured him, said, "The owner is

more entitled to him without having to pay his price or value or

having to incur any loss before the distribution takes place. If the

distribution has already taken place then I think that the slave

belongs to his master for his price if the master wants him back."

Regarding an umm walad of a Muslim man who has been taken by

the idol worshippers and then recaptured by the Muslims and allotted

in the distribution of spoils and then recognised by her master after

the distribution, Malik said, "She is not to be enslaved. I think that

the Imam should pay a ransom for her for her master. If he does not

do it, then her master must pay a ransom for her and not leave her. I

do not think that she should be made a slave by whoever takes her and

intercourse with her is not halal. She is in the position of a free

woman because her master would be required to pay compensation if she

injured somebody and so she is in the same position (as a wife). He

must not leave the mother of his son to be enslaved nor may

intercourse with her be made halal."

Malik was asked about a

man who went to enemy territory to pay ransom or to trade, and he

bought a free man or a slave, or they were given to him. He said, "As

for the free man, the price he buys him for is a debt against the man

and he is not made a slave. If the captive is given to him freely, he

is free and owes nothing unless the man gave something in recompense

for him. That is a debt against the free man, the same as if a ransom

had been paid for him. As for a slave, his former master can choose to

take him back and pay his price to the man who bought him or he can

choose to leave him, as he wishes. If he was given to the man, the

former master is more entitled to him, and he owes nothing for him

unless the man gave something for him in recompense. Whatever he gave

for him is a loss against the master if he wants him back."

Yahya related to me from Malik from Yahya ibn Said from Amr ibn

Kathir ibn Aflah from Abu Muhammad, the mawla of Abu Qatada that Abu

Qatada ibn Ribi said, "We went out with the Messenger of Allah, may

Allah bless him and grant him peace, in the year of Hunayn. When the

armies met, the Muslims were put in disarray. I saw a man from the

idol worshippers who had got the better of one of the Muslims, so I

circled round and came up behind him, and struck him with a sword on

his shoulder-blade. He turned to me and grabbed me so hard that I felt

the smell of death in it. Then death overcame him, and he let go of

me."

He continued, "I met Umar ibn al-Khattab and said to

him, 'What's going on with the people?' He replied, 'The Command of

Allah.' Then the people took hold of the battle and the Messenger of

Allah, may Allah bless him and grant him peace, said, 'Whoever has

killed one of the dead and can prove it, can strip him of his personal

effects.' I stood up and said, 'Who will testify for me?' and then I

sat down. The Messenger of Allah repeated, 'Whoever has killed one of

the dead and can prove it, can strip him of his personal effects.' I

stood up and said, 'Who will testify for me?' then I sat down. Then he

repeated his statement a third time, so I stood up, and the Messenger

of Allah, may Allah bless him and grant him peace, said, 'What's the

matter with you, Abu Qatada?' So I related my story to him. A man

said, 'He has spoken the truth, Messenger of Allah. I have the effects

of that slain person with me, so give him compensation for it,

Messenger of Allah.'

Abu Bakr said, 'No, by Allah! He did not

intend that one of the lions of Allah should fight for Allah and His

Messenger and then give you his spoils.' The Messenger of Allah, may

Allah bless him and grant him peace, said, 'He has spoken the truth,

hand it over to him.' He gave it to me, and I sold the breast-plate

and I bought a garden in the area of the Banu Salima with the money.

It was my first property, and I acquired it in Islam."

Yahya related to me from Malik from 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

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."

Yahya related to me that Malik said that he had heard that Umar

ibn Abd al-Aziz used to say, "The man on horse-back has two shares,

and the man on foot has one."

Malik added, "I continue to

hear the same."

Malik, when asked whether a man who was

present with several horses took a share for all of them, said, "I

have never heard that. I think that there is only a share for the

horse on which he fought."

Malik said, "I think that foreign

horses and half-breeds are considered as horses because Allah, the

Blessed, the Exalted, said in His Book, 'All horses, and mules, and

asses, for you to ride, and as an adornment.' (Sura16 ayat 8). He

said, the Mighty, the Majestic, 'Make ready for them whatever force

and strings of horses you can, to terrify thereby the enemy of Allah

and your enemy.' (Sura 8 ayat 60). I think that foreign breeds and

half-breeds are considered as horses if the governor accepts them."

Said ibn al-Musayyab was asked about working horses, and

whether there was zakat on them. He said, "Is there any zakat on

horses.?"

Yahya related to me from Malik from Abd ar-Rahman ibn Said from

Amr ibn Shuayb that when the Messenger of Allah, may Allah bless him

and grant him peace, came back from Hunayn heading for al-Jiirrana,

the people crowded around so much to question him that his she-camel

backed into a tree, which became entangled in his cloak and pulled it

off his back. The Messenger of Allah, may Allah bless him and grant

him peace, said, "Return my cloak to me. Are you afraid that I will

not distribute among you what Allah has given you as spoils. By He in

whose hand my self is! Had Allah given you spoils equal to the number

of acacia trees on the plain of Tihama, I would have distributed it

among you. You will not find me to be miserly, cowardly, or a liar."

Then the Messenger of Allah, may Allah bless him and grant him peace,

got down and stood among the people, and said, "Hand over even the

needle and thread, for stealing from the spoils is disgrace, fire,

ignominy on the Day of Rising for people who do it." Then he took a

bit of camel fluff or something from the ground and said, "By He in

whose hand my self is! What Allah has made spoils for you is not mine

- even the like of this! - except for the tax of one fifth, and the

tax of one fifth is returned to you."

Yahya related to me from Malik from Yahya ibn Said from Muhammad

ibn Yahya ibn Habban from Ibn Abi Amra that Zayd ibn Khalid al-Juhani

said, "A man died on the day of Hunayn, and they mentioned him to the

Messenger of Allah, may Allah bless him and grant him peace." Zayd

claimed that the Messenger of Allah, may Allah bless him and grant him

peace, said, "You pray over your companion." (i.e. he would not pray

himself). The people's faces dropped at that. Zayd claimed that the

Messenger of Allah, may Allah bless him and grant him peace, said,

"Your companion stole from the spoils taken in the way of Allah." Zayd

said, "So we opened up his baggage and found some Jews' beads worth

about two dirhams."

Yahya related to me from Malik from 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."

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from

Abu'l-Ghayth Salim, the mawla of ibn Muti that Abu Hurayra said, "We

went out with the Messenger of Allah, may Allah bless him and grant

him peace, in the yearof Khaybar. We did not capture any gold or

silver except for personal effects, clothes, and baggage. Rifaa ibn

Zayd presented a black slave boy to the Messenger of Allah, may Allah

bless him and grant him peace, whose name was Midam. The Messenger of

Allah, may Allah bless him and grant him peace, made for Wadi'l-Qura,

and when he arrived there, Midam was unsaddling the camel of the

Messenger of Allah, may Allah bless him and grant him peace, when a

stray arrow struck and killed him. The people said, 'Good luck to him!

The Garden!' The Messenger of Allah said, 'No! By He in whose hand my

self is! The cloak which he took from the spoils on the Day of Khaybar

before they were distributed will blaze with fire on him.' When the

people heard that, a man brought a sandal-strap or two sandal-straps

to the Messenger of Allah, may Allah bless him and grant him peace.

The Messenger of Allah, may Allah bless him and grant him peace, said,

'A sandal-strap or two sandal-straps of fire!' "

Yahya related to me from Malik from Yahya ibn Said 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."

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!"

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."

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."

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!"

Yahya related to me from Malik from Yahya ibn Said from Said al-

Maqburi from Abdullah ibn Abi Qatada that his father had said that a

man came to the Messenger of Allah, may Allah bless him and grant him

peace, and said, "O Messenger of Allah! If I am killed in the way of

Allah, expectant for reward, sincere, advancing, and not retreating,

will Allah pardon my faults?" The Messenger of Allah, may Allah bless

him and grant him peace, said, "Yes." When the man turned away, the

Messenger of Allah, may Allah bless him and grant him peace, called

him - or commanded him and he was called to him. The Messenger of

Allah, may Allah bless him and grant him peace, said to him, "What did

you say?" He repeated his words to him, and the Prophet, may Allah

bless him and grant him peace, said to him, "Yes, except for the debt.

Jibril said that to me."

Yahya related to me from Malik from Abu'n-Nadr, the mawla of Umar

ibn Ubaydullah that he had heard that the Messenger of Allah, may

Allah bless him and grant him peace, said over the martyrs of Uhud, "I

testify for them." Abu Bakr as-Siddiq said, "Messenger of Allah! Are

we not their brothers? We entered Islam as they entered Islam and we

did jihad as they did jihad." The Messenger of Allah, may Allah bless

him and grant him peace, said, "Yes, but I do not know what you will

do after me." Abu Bakr wept profusely and said, "Are we really going

to out-live you!"

Yahya related to me from Malik that Yahya ibn Said said, "The

Messenger of Allah, may Allah bless him and grant him peace, was

sitting by a grave which was being dug at Madina. A man looked into

the grave and said, 'An awful bed for the mumin. 'The Messenger of

Allah, may Allah blesshim and grant him peace, said, 'Evil? What you

have said is absolutely wrong.'

The man said, 'I didn't mean

that, Messenger of Allah. I meant being killed in the way of Allah.'

The Messenger of Allah, may Allah bless him and grant him peace, said,

'Being killed in the way of Allah has no like! There is no place on

the earth which I would prefer my grave to be than here (meaning

Madina). He repeated it three times.' "

Yahya related to me from Malik from 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!"

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."

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 .

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."

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."

Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi

Talha that Anas ibn Malik had said that when the Messenger of Allah,

may Allah bless him and grant him peace, went to Quba, he visited Umm

Haram bint Milhan and she fed him. Umm Haram was the wife of Ubada ibn

as-Samit. One day the Messenger of Allah, may Allah bless him and

grant him peace, had called on her and she had fed him, and sat down

to delouse his hair. The Messenger of Allah, may Allah bless him and

grant him peace, had dozed and woke up smiling. Umm Haram said, "What

is making you smile, Messenger of Allah?" He said, "Some of my

community were presented to me, raiding in the way of Allah. They were

riding in the middle of the sea, kings on thrones, or like kings on

thrones." (Ishaq wasn't sure). She said, "O Messenger of Allah! Ask

Allah to put me among them!" So he had made a dua for her, and put his

head down and slept. Then he had woken up smiling, and she said to

him, "Messenger of Allah, why are you smiling?" He said, "Some of my

community were presented to me, raiding in the way of Allah. They were

kings on thrones or like kings on thrones," as he had said in the

first one. She said, "O Messenger of Allah! Ask Allah to put me among

them!" He said, "You are among the first."

Ishaq added, "She

travelled on the sea in the time of Muawiya, and when she landed, she

was thrown from her mount and killed."

Yahya related to me from Malik from Yahya ibn Said 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."

Yahya related to me from Malik that Yahya ibn Said said, "On the

Day of Uhud, The Messenger of Allah, may Allah bless him and grant him

peace, said, 'Who will bring me news of Sad ibn al-Rabi al-Ansari?' a

man said, 'Me, Messenger of Allah!' So the man went around among the

slain, and Sad ibn al-Rabi said to him, 'What are you doing?' The man

said to him, 'The Messenger of Allah, may Allah bless him and grant

him peace, sent me to bring him news of you.' He said, 'Go to him, and

give him my greetings, and tell him that I have been stabbed twelve

times, and am mortally wounded. Tell your people that they will have

no excuse with Allah if the Messenger of Allah, may Allah bless him

and grant him peace, is slain while one of them is still alive.' "

Yahya related to me from Malik from 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 .

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."

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."

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 .

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."

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.

Yahya related to me from Malik from Humayd at-Tawil from Anas ibn

Malik that when the Messenger of Allah, may Allah bless him and grant

him peace, went out to Khaybar, he arrived there at night, and when he

came upon a people by night, he did not attack until morning. In the

morning, the jews came out with their spades and baskets. When they

saw him, they said, "Muhammad! By Allah, Muhammad and his army!" The

Messenger of Allah, may Allah bless him and grant him peace, said

"Allah is greater! Khaybar is destroyed. When we come to a people, it

is an evil morning for those who have been warned . "

Yahya related to me from Malik from Ibn Shihab from Humayd ibn

Abd ar-Rahman ibn Awf from Abu Hurayra that the Messenger of Allah,

may Allah bless him and grant him peace, said, "Whoever hands over two

of any type of property in the way of Allah is called to the Garden,

with the words 'O slave of Allah! This is good!' Whoever is among the

people of prayer, is called from the gate of prayer. Whoever is among

the people of jihad is called from the gate of jihad. Whoever is among

the people of sadaqa, is called from the gate of sadaqa. Whoever is

among the people of fasting, is called from the gate of the well-

watered. (Bab ar-Rayyan)."

Abu Bakr as-Siddiq said,

"Messenger of Allah! Is it absolutely necessary that one be called

from one of these gates? Can someone be called from all of these

gates?" He said, "Yes, and I hope you are among them ."

21.20

Acquisition of the Land of Those who Surrender from the People of

Dhimma

Malik 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."

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."

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.''