Killer Takes All (Hadith No. 2767)

Bismillah.

Volume 4, Book 53, Number 370 :
Narrated by Abu Qatada (radiallaahu `anhu)
We set out in the company of Allah’s Apostle (sallallaahu `alayhi wasallam) on the day (of the battle) of Hunain. When we faced the enemy, the Muslims retreated and I saw a pagan throwing himself over a Muslim. I turned around and came upon him from behind and hit him on the shoulder with the sword. He (i.e. the pagan) came towards me and seized me so violently that I felt as if it were death itself, but death overtook him and he released me. I followed ‘Umar bin Al Khattab (radiallaahu `anhu) and asked (him), “What is wrong with the people (fleeing)?” He replied, “This is the Will of Allah,” After the people returned, the Prophet (sallallaahu `alayhi wasallam) sat and said, “Anyone who has killed an enemy and has a proof of that, will posses his spoils.” I got up and said, “Who will be a witness for me?” and then sat down. The Prophet (sallallaahu `alayhi wasallam) again said, “Anyone who has killed an enemy and has proof of that, will possess his spoils.” I (again) got up and said, “Who will be a witness for me?” and sat down. Then the Prophet (sallallaahu `alayhi wasallam) said the same for the third time. I again got up, and Allah’s Apostle (sallallaahu `alayhi wasallam) said, “O Abu Qatada! What is your story?” Then I narrated the whole story to him. A man (got up and) said, “O Allah’s Apostle! He is speaking the truth, and the spoils of the killed man are with me. So please compensate him on my behalf.” On that Abu Bakr As-Siddiq (radiallaahu `anhu) said, “No, by Allah, he (i.e. Allah’s Apostle ) will not agree to give you the spoils gained by one of Allah’s Lions who fights on the behalf of Allah and His Apostle.” The Prophet (sallallaahu `alayhi wasallam) said, “Abu Bakr has spoken the truth.” So, Allah’s Apostle (sallallaahu `alayhi wasallam) gave the spoils to me. I sold that armor (i.e. the spoils) and with its price I bought a garden at Bani Salima, and this was my first property which I gained after my conversion to Islam.

[Source: Google Images]

Prophet (sallallaahu `alayhi wasallam) only agreed to give Abu Qatada (radiallaahu `anhu) the spoils of the killed man when someone else testified for him. So we learn two things:

1. Killer gets the spoils of the killed (not compensation.. actual belongings).
2. Killer needs proof to obtain spoils. In Abu Qatada’s (radiallaahu `anhu) case, it was another man’s testimony.

Further reading: www.muslimtents.com/shaufi/b17/b176.htm

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