SECTION ON JIHAD · 147 – THE PROPERTY TAKEN FROM THE SLAIN BEING GIVEN TO THE KILLER
2717 – It is narrated from Abū Qatāda (may Allah be pleased with him) that he said: In the year of Hunayn, we set out together with the Messenger of God (peace and blessings be upon him). When we encountered the enemy, there was some confusion among the Muslims. He said: I saw a man from among the polytheists who had gotten above one of the Muslims (about to kill him), so I went around for him. I came up behind him and struck him on the neck vein with my sword. He then turned to me and squeezed me so hard that, from the intensity of his grip, I sensed the smell of death. Then death overtook him, and he let me go. I caught up with ʿUmar ibn al-Khaṭṭāb. I said to him, "What is the matter with the people (that they are being defeated)?" He replied, "It is the decree of Allah." Then (the scattered army) the people returned. The Messenger of God (peace and blessings be upon him) sat down and said, "Whoever kills an enemy combatant and there is a sign (proof) of his having killed him, then what is taken from the slain belongs to the killer." He said: I stood up and then said, "Who will bear witness for me?" Then I sat down again. Then, for a second time, he said, "Whoever kills a slain enemy and there is a sign upon him, then what is taken from his back belongs to the killer." I stood up and then said, "Who will bear witness for me?" Then I sat down again. The Messenger of God (peace and blessings be upon him) said this a third time. I stood up again. The Messenger of God (peace and blessings be upon him) said, "O Abū Qatāda, what is the matter with you?" I told him the story. A man from the congregation said, "He is telling the truth, O Messenger of God. He killed the slain man. The property taken from his back is with me. Please make him pleased that I keep the property." Upon this, Abū Bakr al-Ṣiddīq said: "By Allah, this cannot be. If he gives you his right, would he give you the property of one of the lions of Allah, who fought for the sake of Allah and His Messenger, by violating his right?" The Messenger of God (peace and blessings be upon him) said, "Abū Bakr has spoken the truth. Give these things to Abū Qatāda." Abū Qatāda said: He gave me his property. I sold his armor and with it bought a garden in Salama. That was the first property I made the capital of my wealth in Islam. [484]
2718 – It is narrated from Anas ibn Mālik (may Allah be pleased with him) that he said: (On the day of Hunayn) the Messenger of God (peace and blessings be upon him) said: "Whoever kills a disbeliever, what is taken from him belongs to the killer." That day, Abū Ṭalḥa encountered (his wife) Umm Sulaym. She had a dagger in her hand. Abū Ṭalḥa said, "O Umm Sulaym, what is this in your hand?" Umm Sulaym replied, "By Allah, if any of the enemy comes near me, I intended to rip open his belly with this and protect myself." Abū Ṭalḥa informed the Messenger of God (peace and blessings be upon him) of this. Abū Dāwūd said: This ḥadīth is ḥasan (good). With this ḥadīth about the dagger, we intended to show that the use of the dagger is permissible. On that day, the weapon of the Persians was the dagger. [485]