CHAPTER: REGARDING THE RIGHT OF THE FIGHTER TO THE BELONGINGS OF THE ONE KILLED BY HIM IN THE FIGHT
Abu Qatada reported: We accompanied the Messenger of Allaah (my sallAllaahu alayhi wa sallam) on an expedition in the year of the Battle of Hunain. When we encountered the enemy, (some of the Muslims turned back (in fear). I saw that a man from the polytheists overpowered one of the Muslims. I turned round and attacked him from behind giving a blow between his neck and shoulder. He turned towards me and grappled with me in such a way that I began to see death staring me in the face. Then death overtook him and left me alone. I joined 'Umar b. al-Khattab who was saying: What has happened to the people (that they are retreating)? I said: It is the Decree of Allaah. Then the people returned. (The battle ended in a victory for the Muslims) and the Messenger of Allaah (sallAllaahu alayhi wa sallam) sat down (to distribute the spoils of war). He said: One who has killed an enemy and can bring evidence to prove it will get his belongings. So I stood up and said: Who will give evidence for me? Then I sat down. Then he (the Prophet) said like this. I stood up (again) and said: Who will bear witness for me? He (the Prophet) made the same observation the third time, and I stood up (once again). Now the Messenger of Allaah (sallAllaahu alayhi wa sallam) said: What has happened to you, O Abu Qatada? Then I related the (whole) story, to him. At this, one of the people said: He has told the truth. Messenger of Allaah 1 The belongings of the enemy killed by him are with me. Persuade him to forgo his right (in my favour). (Objecting to this proposal) Abu Bakr said: BY Allaah, this will not happen. The Messenger of Allaah (sallAllaahu alayhi wa sallam) will not like to deprive one of the lions from among the lions of Allaah who fight in the cause of Allaah and His Messenger and give thee his share of the booty. So the Messenger of Allaah (may peace he upon him) said: He (Abu Bakr) has told the truth, and so give the belongings to him (Abu Qatada). So he gave them to me. I sold the armour (which was a part of my share of the booty) and bought with the sale proceeds a garden in the street of Banu Salama. This was the first property I acquired after embracing Islam.
In a version of the hadith narrated by Laith, the words uttered by Abu Bakr are:" No, never! He will not give it to a fox from the Quraish leaving aside a lion from the lions of Allaah among...." And the hadith is closed with the words:" The first property I acquired."
It has been narrated on the authority of 'Abd al-Rahman b. Auf who said: While I was standing in the battle array on the Day of Badr, I looked towards my right and my left, and found myself between two boys from the Ansar quite young in age. I wished I were between stronger persons. One of them made a sign to me and. said: Uncle, do you recognise Abu Jahl? 1 said: Yes. What do you want to do with him, O my nephew? He said: I have been told that he abuses the Messenger of Allaah (sallAllaahu alayhi wa sallam). By Allaah, in Whose Hand is my life, if I see him (I will grapple with him) and will not leave him until one of us who is destined to die earlier is killed. The narrator said: I wondered at this. Then the other made a sign to me and said similar words. Soon after I saw Abu Jahl. He was moving about among men. I said to the two boys: Don't you see? He is the man you were inquiring about. (As soon as they heard this), they dashed towards him, struck him with their swords until he was killed. Then they returned to the Messenger of Allaah (sallAllaahu alayhi wa sallam) and informed him (to this effect). He asked: Which of you has killed him? Each one of them said: I have killed him. He said: Have you wiped your swords? They said: No. He examined their swords and said: Both of you have killed him. He then decided that the belongings of Abu Jahl he handed over to Mu'adh b. Amr b. al-Jamuh. And the two boys were Mu'adh b. Amr b. Jawth and Mu'adh b. Afra.
Auf b. Malik has narrated that a man from the Himyar tribe killed an enemy and wanted to take the booty. Khalid b. Walid, who was the commander over them, forbade, him. 'Auf b Malik (the narrator) came to the Messenger of Allaah (sallAllaahu alayhi wa sallam) and informed him (to this effect). The latter asked Khalid: What prevented you from giving the booty to him? Khalid said: I thought it was too much. He (the Prophet) said: Hand it over to him. Now when Khalid by Auf, the latter pulled him by his cloak and said (by way of chafing him): Hasn't the same thing happened what I reported to you from the Messenger of Allaah (may peace he upon him)? When the Messenger of Allaah (sallAllaahu alayhi wa sallam) heard it. he was angry (and said): Khalid, don't give him, Khalid, don't give him. Are you going to desert the commanders appointed by roe? Your similitude and theirs is like a person who took camels and sheep for grazing. He grazed them and when it was time for them to have a drink, he brought them to a pool. So they drank from it, drinking away its clear water and leaving the turbid water below So the clear water (i. e. the best reward) is for you and the turbid water (i e. blame) is for them.
It has been narrated on the authority of Auf b. Malik al-Ashja'i who said: I joined the expedition that marched under Zaid b. Haritha to Muta, and I received reinformcement from the Yemen. (After this introduction), the narrator narrated the tradition that had gone before except that in his version Auf was reported to have said (to Khalid): Khalid, didn't you know that the Messenger of Allaah (way sallAllaahu alayhi wa sallam) had decided In favour of giving the booty (sized from an enemy) to one who killed him? He (Khalid) said: Yes. but I thought it was too much.
It has been reported by Salama b. al-Akwa': We fought the Battle of Hawazin along with the Messenger of Allaah (sallAllaahu alayhi wa sallam). (One day) when we were having our breakfast with the Messenger of Allaah (may peace he upon him), a man came riding a red camel. He made it kneel down, extracted a strip of leather from its girth and tethered the camel with it. Then he began to take food with the people and look (curiously around). We were in a poor condition as some of us were on foot (being without any riding animals). All of a sudden, he left us hurriedy, came to his camel, untethered it, made it kneel down, mounted it and urged the beast which ran off with him. A man on a brown rhe-camel chased him (taking him for a spy). Salama (the narrator) said: I followed on foot. I ran on until I was near the thigh of the she-camel. I advanced further until I was near the haunches of the camel. I advanced still further until I caught hold of the nosestring of the camel. I made it kneel down. As soon as it placed its knee on the ground, I drew my sword and struck at the head, of the rider who fell down. I brought the camel driving it along with the man's baggage and weapons. The Messenger of Allaah (sallAllaahu alayhi wa sallam) came forward to meet me and the people were with him. He asked: Who has killed the man? The people said: Ibn Akwa'. He said: Everything of the man is for him (Ibn Akwa').