Stripping the Slain of their Personal Effects in the Booty

18 Yahya related to me from Malik from Yahya ibn Sa'id from 'Amr ibn Kathir in Aflah from Abu Muhammad, the mawla of Abu Qatada, that Abu Qatada ibn Rib'i 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 idolaters 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 returned from 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 for 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 forr 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 the first property, I had acquired it since becoming Muslim."

[In Muslim]

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, mentions in His Book? " He kept on asking until Ibn 'Abbas was on the verge of getting annoyed, then Ibn 'Abbas said, " Do you know who this man is like? He is like Ibn Sabigh, who was beaten 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 ruler. He said, " No one can do that without the permission of the ruler. Only the ruler can exercise 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."

21.11 Awarding Bonuses from the Tax of One Fifth (Khums)

20 Yahya related to me from Malik from Abu'z-Zinad that Sa'id ibn al-Musayyab said, " People used to be given bonuses from the khums."

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 discretion (ijtihad) of the ruler. 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 discretion of the ruler whether they are taken from the first of the spoils or what is after it."

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