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Muslims are Bound by their Stipulations (Hadith No. 2372)

Bismillah.

Ahadith 2369 – 2371 (below) are repeats. See linked text for related posts.

Volume 3, Book 49, Number 871 :
Narrated by Urwa bin Az-Zubair
Az-Zubair (radiallaahu `anhu) told me that he quarrelled with an Ansari man who had participated in (the battle of) Badr in front of Allah’s Apostle (sallallaahu `alayhi wasallam) about a water stream which both of them used for irrigation. Allah’s Apostle (sallallaahu `alayhi wasallam) said to Az-Zubair (radiallaahu `anhu), “O Zubair! Irrigate (your garden) first, and then let the water flow to your neighbor.” The Ansari became angry and said, “O Allah’s Apostle (sallallaahu `alayhi wasallam)! Is it because he is your cousin?” On that the complexion of Allah’s Apostle (sallallaahu `alayhi wasallam) changed (because of anger) and said (to Az-Zubair), “Irrigate (your garden) and then with-hold the water till it reaches the walls (surrounding the palms).” So, Allah’s Apostle (sallallaahu `alayhi wasallam) gave Az-Zubair (radiallaahu `anhu) his full right. Before that Allah’s Apostle had given a generous judgment beneficial for Az-Zubair (radiallaahu `anhu) and the Ansari, but when the Ansari irritated Allah’s Apostle (sallallaahu `alayhi wasallam) he gave Az-Zubair (radiallaahu `anhu) his full right according to the evident law. Az-Zubair (radiallaahu `anhu) said, “By Allah ! I think the following Verse was revealed concerning that case: “But no, by your Lord! They can have no faith until they make you judge in all disputes between them.” (4.65)

Volume 3, Book 49, Number 872 :
Narrated by Jabir bin Abdullah (radiallaahu `anhu)
My father died and was in debt. I suggested that his creditors take the fruits (i.e. dates) of my garden in lieu of the debt of my father, but they refused the offer, as they thought that it would not cover the full debt. So, I went to the Prophet (sallallaahu `alayhi wasallam) and told him about it. He said (to me), “When you pluck the dates and collect them in the Mirbad (i.e. a place where dates are dried), call me (Allah’s Apostle).” Finally he came accompanied by Abu Bakr and ‘Umar (radiallaahu `anhumaa) and sat on the dates and invoked Allah to bless them. Then he said, “Call your creditors and give them their full rights.” So, I paid all my father’s creditors in full and yet thirteen extra Wasqs of dates remained, seven of which were ‘Ajwa and six were Laun or six of which were Ajwa and seven were Laun. I met Allah’s Apostle (sallallaahu `alayhi wasallam) at sunset and informed him about it. On that he smiled and said, “Go to Abu Bakr and ‘Umar (radiallaahu `anhumaa) and tell them about it.” They said, “We perceived that was going to happen, as Allah’s Apostle (sallallaahu `alayhi wasallam) did what he did.”

Volume 3, Book 49, Number 873 :
Narrated by Abdullah bin Kab
That Ka’b bin Malik (radiallaahu `anhu) told him that in the lifetime of Allah’s Apostle (sallallaahu `alayhi wasallam) he demanded his debt from Ibn Abu Hadrad in the Mosque. Their voices grew louder till Allah’s Apostle (sallallaahu `alayhi wasallam) heard them while he was in his house. So he lifted the curtain of his room and called Ka’b bin Malik saying, “O Ka’b!” He replied, “Labbaik! O Allah’s Apostle (sallallaahu `alayhi wasallam)!” He beckoned to him with his hand suggesting that he deduct half the debt. Ka’b (radiallaahu `anhu) said, “I agree, O Allah’s Apostle!” Allah’s Apostle (sallallaahu `alayhi wasallam) then said (to Ibn Abu Hadrad), “Get up and pay him the rest.”

Kitaab-us-Sulh [Book of Peacemaking] ends here.

Today’s Hadith:

Kitaab-ush-Shuroot [Book of Conditions] starts today..

Volume 3, Book 50, Number 874 :
Narrated by Marwan and al-Miswar bin Makhrama (radiallaahu `anhumaa)
(from the companions of Allah’s Apostle (sallallaahu `alayhi wasallam)) When Suhail bin Amr agreed to the Treaty (of Hudaibiya), one of the things he stipulated then, was that the Prophet (sallallaahu `alayhi wasallam) should return to them (i.e. the pagans) anyone coming to him from their side, even if he was a Muslim; and would not interfere between them and that person. The Muslims did not like this condition and got disgusted with it. Suhail did not agree except with that condition. So, the Prophet (sallallaahu `alayhi wasallam) agreed to that condition and returned Abu Jandal (radiallaahu `anhu) to his father Suhail bin ‘Amr. Thenceforward the Prophet (sallallaahu `alayhi wasallam) returned everyone in that period (of truce) even if he was a Muslim. During that period some believing women emigrants including Um Kalthum bint Uqba bin Abu Muait (radiallaahu `anhaa) who came to Allah’s Apostle (sallallaahu `alayhi wasallam) and she was a young lady then. Her relatives came to the Prophet (sallallaahu `alayhi wasallam) and asked him to return her, but the Prophet (sallallaahu `alayhi wasallam) did not return her to them for Allah had revealed the following Verse regarding women: “O you who believe! When the believing women come to you as emigrants. Examine them, Allah knows best as to their belief, then if you know them for true believers, Send them not back to the unbelievers, (for) they are not lawful (wives) for the disbelievers, Nor are the unbelievers lawful (husbands) for them (60.10)
Narrated ‘Urwa: Aisha (radiallaahu `anhaa) told me, “Allah’s Apostle (sallallaahu `alayhi wasallam) used to examine them according to this Verse: “O you who believe! When the believing women come to you, as emigrants test them . . . for Allah is Oft-Forgiving, Most Merciful.” (60.10-12)
Aisha (radiallaahu `anhaa) said, “When any of them agreed to that condition Allah’s Apostle (sallallaahu `alayhi wasallam) would say to her, ‘I have accepted your pledge of allegiance.’ He would only say that, but, by Allah he never touched the hand of any women (i.e. never shook hands with them) while taking the pledge of allegiance and he never took their pledge of allegiance except by his words (only).”

المسلمون على شروطهم

“Muslims are bound by their stipulations.”  Abu Daud & Al-Hakim (sahih)

Once the contract of Hudaibiyah was signed, Prophet (sallallaahu `alayhi wasallam) could not turn back.. he had to return Abu Jandal even though it was a really tough choice to make. As long as the conditions are lawful, one must abide by them. This is true for all kinds of contracts – marriage, finance, social etc.

As for the case of Umm Kulthoom who was not returned to her family, Allah had intervened for her. Ibn Kathir comments on the above ayah (60:10):

Allah the Exalted and Most High ordered His faithful servants to test the faith of women who emigrate to them. When they are sure that they are faithful, they should not send them back to the disbelievers, for the disbelievers are not allowed for them and they are not allowed for the disbelievers.

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Right the Wrong (Hadith No. 2366)

Bismillah.

Volume 3, Book 49, Number 868 :
Narrated by Aisha (radiallaahu `anhaa)
Once Allah’s Apostle (sallallaahu `alayhi wasallam) heard the loud voices of some opponents quarreling at the door. One of them was appealing to the other to deduct his debt and asking him to be lenient but the other was saying, “By Allah I will not do so.” Allah’s Apostle (sallallaahu `alayhi wasallam) went out to them and said, “Who is the one who was swearing by Allah that he would not do a favor?” That man said, “I am that person, O Allah’s Apostle! I will give my opponent whatever he wishes.”

There’s something really oxymoron-ish about swearing by Allah to not do something good. The two just don’t go together. Often times we say things in anger and heat of the moment that we come to regret later. If only we thought once before speaking. If only there was someone to correct us right there on the spot. Alas, the wicked things that are tongues are!

One of the noblest traits of one’s character is to admit mistakes and make amends. The good thing about this world is that we always have a second, third, fourth chance to start afresh – as long as death doesn’t come knocking.

So if you slipped, if you were in error, you need to take the first step towards forgiveness. Admit your fault and right the wrong. You still have a chance.

Using the Word “Sayyid” (Hadith No. 2365)

Bismillah.

Volume 3, Book 49, Number 867 :
Narrated by Al-Hasan Al-Basri
By Allah, Al-Hasan bin Ali (radiallaahu `anhu) led large battalions like mountains against Muawiya. Amr bin Al-As (radiallaahu `anhu) said (to Muawiya), “I surely see battalions which will not turn back before killing their opponents.” Muawiya (radiallaahu `anhu), who was really the best of the two men, said to him, “O ‘Amr! If these killed those and those killed these, who would be left with me for the jobs of the public, who would be left with me for their women, who would be left with me for their children?” Then Muawiya (radiallaahu `anhu) sent two Quraishi men from the tribe of ‘Abd-i-Shams called ‘Abdur Rahman bin Sumura and Abdullah bin ‘Amir bin Kuraiz to Al-Hasan (radiallaahu `anhu) saying to them, “Go to this man (i.e. Al-Hasan) and negotiate peace with him and talk and appeal to him.” So, they went to Al-Hasan (radiallaahu `anhu) and talked and appealed to him to accept peace. Al-Hasan (radiallaahu `anhu) said, “We, the offspring of ‘Abdul Muttalib, have got wealth and people have indulged in killing and corruption (and money only will appease them).” They said to Al-Hasan (radiallaahu `anhu), “Muawiya offers you so and so, and appeals to you and entreats you to accept peace.” Al-Hasan (radiallaahu `anhu) said to them, “But who will be responsible for what you have said?” They said, “We will be responsible for it.” So, what-ever Al-Hasan (radiallaahu `anhu) asked they said, “We will be responsible for it for you.” So, Al-Hasan (radiallaahu `anhu) concluded a peace treaty with Muawiya (radiallaahu `anhu).
Al-Hasan (Al-Basri) said: I heard Abu Bakr (radiallaahu `anhu) saying, “I saw Allah’s Apostle (sallallaahu `alayhi wasallam) on the pulpit and Al-Hasan bin ‘Ali (radiallaahu `anhu) was by his side. The Prophet (sallallaahu `alayhi wasallam) was looking once at the people and once at Al-Hasan bin ‘Ali (radiallaahu `anhu) saying, ‘This son of mine is a Saiyid (i.e. a noble) and may Allah make peace between two big groups of Muslims through him.”

If a person is known by this title, there is nothing wrong with that, because the word “Sayyid” may be used for the leader of a people, or for a faqeeh or scholar, or for those who are descended from Faatimah through the children of al-Hasan and al-Husayn. All of these are forms of address which are well known among the people. The Arabs used to call tribal leaders and elders “Sayyid” (e.g. Sayyid Bani Foolaan – the leader of such-and-such tribe, etc). The Prophet (peace and blessings of Allaah be upon him) used this word, when he asked some of the Arabs, “Who is your leader (sayyid), O Banu So-and-so? Who is your leader (sayyid), O Banu So-and-so?”, i.e., who is your chief? And he (peace and blessings of Allaah be upon him) said concerning al-Hasan, “This son of mine is a sayyid and perhaps Allaah will reconcile two great groups of Muslims through him.” It is disliked (makrooh) to address a person as Ya sayyidi (O my master) or Yaa sayyidanaa (O our master), because when it was said to the Messenger (peace and blessings of Allaah be upon him), “You are our master,” he said, “The Master is Allaah, may He blessed and exalted”; and because this may make him conceited and proud. So we should not do that. Instead we should say, “O So and so” or “So Abu (father of) So and so,” using the names, kunyas (Abu So and so, etc.) and nicknames which are known.

With regard to using the phrases “Yaa Sayyidi” and “Yaa Sayyidanaa” when addressing one another, it is better not to do that.

Saying “Sayyid” to a munaafiq or kaafir is not permissible, because of the hadeeth, “Do not say ‘Sayyidanaa’ to a munaafiq, because if he is really your master then you have angered your Lord.” (Narrated by Ahmad, Abu Dawood and al-Nasaa’i; classed as saheeh by al-Albaani in Saheeh al-Jaami’, no. 7405, p. 1234)

Taken from IslamQA

 Allah’s Name: “Al-Sayyid”

Allaah is al-Sayyid (the Master), i.e., the Sovereign of the universe; all of creation is enslaved to Him.

Allaah is the One Who is needed in an absolute sense. No created being is independent of Him. If He did not create them, they would not exist, and if He did not sustain them after creating them, they would not remain. If He did not help them with all that they are faced with, they would have no help besides Him. So it is His right that His created beings should call Him, and none other, al-Sayyid.

Taken from IslamQA

Giving the title “Sayyid” to Prophet (sallallaahu `alayhi wasallam)

Giving the title Sayyiduna to the Prophet (blessings and peace of Allah be upon him) is right and proper, because he is the master (sayyid) of the sons of Adam, and it is proven that he (blessings and peace of Allah be upon him) said: “I am the master (sayyid) of the sons of Adam and no boast.” He is the master of mankind and the Messengers. So if a man says Sayyiduna Muhammad, and: Allahumma salli ‘ala Sayyiduna Muhammad (O Allah, send blessings upon our master Muhammad), there is nothing wrong with that. He is the master (Sayyid) of the sons of Adam and the master of mankind.

He only disliked that from people during his lifetime because he feared that they might exaggerate. So when they said, You are our master (sayyid), he said: “Al-Sayyid is Allah, may He be blessed and exalted,” so as to block the means (that might lead to exaggeration), as he was afraid that they might exaggerate about him (blessings and peace of Allah be upon him). But after he died (blessings and peace of Allah be upon him), and as he told us that he is the master (sayyid) of the sons of Adam, there is nothing wrong with saying Sayyiduna (blessings and peace of Allah be upon him). So he is the best of us, and our master (sayyid), and our leader (imam), and he is a close friend of the Most Merciful (blessings and peace of Allah be upon him).

Taken from IslamQA

3 Options for the Wounded (Hadith No. 2364)

Bismillah.

Volume 3, Book 49, Number 866 :
Narrated by Anas (radiallaahu `anhu)
Ar-Rabi, the daughter of An-Nadr broke the tooth of a girl, and the relatives of Ar-Rabi’ requested the girl’s relatives to accept the Arsh (الأَرْشَ) (compensation for wounds etc.) and forgive (the offender), but they refused. So, they went to the Prophet (sallallaahu `alayhi wasallam) who ordered them to bring about retaliation. Anas bin An-Nadr (radiallaahu `anhu) asked, “O Allah’s Apostle! Will the tooth of Ar-Rabi’ be broken? No, by Him Who has sent you with the Truth, her tooth will not be broken.” The Prophet (sallallaahu `alayhi wasallam) said, “O Anas! Allah’s law ordains retaliation.” Later the relatives of the girl agreed and forgave her. The Prophet (sallallaahu `alayhi wasallam) said, “There are some of Allah’s slaves who, if they take an oath by Allah, are responded to by Allah i.e. their oath is fulfilled). Anas (radiallaahu `anhu) added, “The people agreed and accepted the Arsh.”

There was another post about breaking someone’s teeth a while ago in which Prophet (sallallaahu `alayhi wasallam) ruled in favor of the defender since he broke the other’s tooth while fending for himself.

In this case, however, the defender was given the choice to either forgive Rabi` (offender), accept Arsh (compensation) or to get qisaas (retaliation). Prophet (sallallaahu `alayhi wasallam) would have made sure that qisaas took place had they not forgiven Rabi`. Allah’s laws are just and perfectly fit to be implemented.

Abu Shurayh al-Khuzaa’i said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Whoever is killed or is wounded, has the choice of three things, and if he wants the fourth then restrain him. He may kill (the killer), or forgive him, or take the diyah (blood money).” Narrated by Abu Dawood.

Blood Money (Hadith No. 2363)

Bismillah.

Volume 3, Book 49, Number 865 :
Narrated by Sahl bin Abu Hathma (radiallaahu `anhu)
Abdullah bin Sahl and Muhaiyisa bin Mas’ud bin Zaid (radiallaahu `anhumaa) went to Khaibar when it had a peace treaty (with the Muslims).

Here’s the complete story (narrations found elsewhere in Bukhari):

Volume 4, Book 53, Number 398 :
Narrated by Sahl bin Abi Hathma (radiallaahu `anhu)
‘Abdullah bin Sahl and Muhaiyisa bin Mas’ud bin Zaid (radiallaahu `anhumaa) set out to Khaibar, the inhabitants of which had a peace treaty with the Muslims at that time. They parted and later on Muhaiyisa came upon ‘Abdullah bin Sahl (radiallaahu `anhu) and found him murdered agitating in his blood. He buried him and returned to Medina. ‘Abdur Rahman bin Sahl, Muhaiyisa and Huwaiuisa (radiallaahu `anhum), the sons of Mas’ud came to the Prophet (sallallaahu `alayhi wasallam) and ‘Abdur Rahman (radiallaahu `anhu) intended to talk, but the Prophet (sallallaahu `alayhi wasallam) said (to him), “Let the eldest of you speak.” as ‘Abdur-Rahman was the youngest:. ‘Abdur-Rahman kept silent and the other two spoke. The Prophet said, “If you swear as to who has committed the murder, you will have the right to take your right from the murderer.” They said, “How should we swear if we did not witness the murder or see the murderer?” The Prophet (sallallaahu `alayhi wasallam) said, “Then the Jews can clear themselves from the charge by taking Alaska (an oath taken by men that it was not they who committed the murder).” The!y said, “How should we believe in the oaths of infidels?” So, the Prophet (sallallaahu `alayhi wasallam) himself paid the blood money (of ‘Abdullah).

Volume 9, Book 83, Number 36:
Narrated by Sahl bin Abi Hathma (radiallaahu `anhu)
(a man from the Ansar) That a number of people from his tribe went to Khaibar and dispersed, and then they found one of them murdered. They said to the people with whom the corpse had been found, “You have killed our companion!” Those people said, “Neither have we killed him, nor do we know his killer.” The bereaved group went to the Prophet (sallallaahu `alayhi wasallam) and said, “O Allah’s Apostle! We went to Khaibar and found one of us murdered.” The Prophet (sallallaahu `alayhi wasallam) said, “Let the older among you come forward and speak.” Then the Prophet (sallallaahu `alayhi wasallam) said, to them, “Bring your proof against the killer.” They said “We have no proof.” The Prophet (sallallaahu `alayhi wasallam) said, “Then they (the defendants) will take an oath.” They said, “We do not accept the oaths of the Jews.” Allah’s Apostle (sallallaahu `alayhi wasallam) did not like that the Blood-money of the killed one be lost without compensation, so he paid one-hundred camels out of the camels of Zakat (to the relatives of the deceased) as Diya (Blood-money).

Since there was no proof, Prophet (sallallaahu `alayhi wasallam) could not take an action against the Jews without getting an oath from them. But the bereaved ones were not going to accept the oath of Jews assuming they’d repeat the same story: “Neither have we killed him, nor do we know his killer”. So Prophet (sallallaahu `alayhi wasallam) arranged for the blood money to close the case.

Allaah, may He be exalted, says (interpretation of the meaning):

“O you who believe! Al-Qisaas (the Law of Equality in punishment) is prescribed for you in case of murder: the free for the free, the slave for the slave, and the female for the female. But if the killer is forgiven by the brother (or the relatives) of the killed against blood money, then adhering to it with fairness and payment of the blood money to the heir should be made in fairness. This is an alleviation and a mercy from your Lord. So after this whoever transgresses the limits (i.e. kills the killer after taking the blood money), he shall have a painful torment”

[al-Baqarah 2:178].

The great scholar ‘Abd al-Rahmaan al-Sa’di said in his Tafseer: Allaah reminds His believing slaves that He has enjoined qisaas upon them in the case of murder, i.e., there should be equal recompense in that, and that the killer should be killed in the way in which he killed his victim, so as to establish justice and fairness among people. End quote.

Qisaas by killing the killer can only be in cases of deliberate killing, according to scholarly consensus. Ibn Qudaamah said in al-Mughni (8/214): The scholars are unanimously agreed that qisaas is not required except in the case of deliberate killing, and we do not know of any difference of opinion with regard to qisaas being required for deliberate killing if all conditions are met. This is indicated by the general meaning of the verses and reports. Allaah says (interpretation of the meaning):

“And whoever is killed wrongfully (Mazlooman intentionally with hostility and oppression and not by mistake), We have given his heir the authority [to demand Qisaas, __Law of Equality in punishment __or to forgive, or to take Diyah (blood money)]. But let him not exceed limits in the matter of taking life (i.e. he should not kill except the killer)” [al-Isra’ 17:33]

“Al-Qisaas (the Law of Equality in punishment) is prescribed for you in case of murder”

[al-Baqarah 2:178] 

“And there is (a saving of) life for you in Al-Qisaas”

[al-Baqarah 2:179]

What is meant – and Allaah knows best – is that the requirement of qisaas deters the one who wants to kill from doing do, out of compassion towards himself so that he will not killed, and so that the one whom he wanted to kill will remain alive. And it was said that the killer would generate enmity between himself and the tribe of the one whom he killed, so he wants to kill them for fear of them and they want to kill him and his tribe in revenge. If he is executed as a punishment according to sharee’ah, that will prevent the reason for fighting between the two tribes. And Allaah says (interpretation of the meaning):

“And We ordained therein for them: Life for life, eye for eye”

[al-Maa’idah 5:45].

The Prophet (peace and blessings of Allaah be upon him) said: “If a person’s relative is killed, he has the choice of two options: either (the killer) may be killed or the fidyah (ransom, blood money) may be paid.” Agreed upon. Abu Shurayh al-Khuzaa’i said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Whoever is killed or is wounded, has the choice of three things, and if he wants the fourth then restrain him. He may kill (the killer), or forgive him, or take the diyah (blood money). Narrated by Abu Dawood. According to another version: “Whoever has a relative killed after what I have said, his family has two options: to accept the diyah or kill (the killer).” And he (peace and blessings of Allaah be upon him) said: “There is qisaas for deliberate killing, unless the heir of the slain lets him off.” End quote.

There was no difference of opinion among the scholars that it is valid for the heirs of the victim to forego qisaas and accept the diyah. This is what is indicated by the ahaadeeth quoted above.

In that case, the killer may be set free and he should be obliged to pay the diyah.

Taken from IslamQA

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