Book of Khumus

The Sahih Collection of al-Bukhari

by Imam Bukhari
Translated by: Ustadha Aisha Bewley

Chapter 62. Book of Khumus

I: The obligation of the khumus

2925. It is related that 'Ali said, "I received an old she-camel in my share of the booty of the Battle of Badr and the Prophet, may Allah bless him and grant him peace, had also given me an old she-camel from the khumus. When I wanted to marry Fatima, peace be upon her, the daughter of the Messenger of Allah,may Allah bless him and grant him peace, I arranged with a goldsmith of the Banu Qaynuqa' to travel with me. We brought some idhkhir  herb which I intended to sell to the goldsmiths and use the proceeds for my wedding feast. While I was collecting gear for my camels in saddles, sacks and ropes, my camels were kneeling beside the room of a man of the Ansar. I returned when I had gathered what I gathered and there were my two camels with their humps cut off and their sides split open and some of their livers taken. I could not control my tears when I saw them in that state and I asked, 'Who has done this?' They replied, 'Hamza ibn 'Abdu'l-Muttalib did it. He is in this room with some of the Ansar who are drinking.'

"I went until I came in to the Prophet, may Allah bless him and grant him peace. Zayd ibn Haritha was with him. The Prophet, may Allah bless him and grant him peace, recognised my distress in my face and the Prophet. may Allah bless him and grant him peace, asked, 'What is wrong with you?' I answered, 'Messenger of Allah, I have never seen such a day as today. Hamza attacked my two camels and cut off their humps and slit open their sides. He is in a house with some drinkers.' The Prophet, may Allah bless him and grant him peace, called for his cloak and put it on and then went walking, and I and Zayd ibn Haritha followed him until he reached the house where Hamza was. He asked for permission to enter and they gave him permission. They were drunk. The Messenger of Allah, may Allah bless him and grant him peace, began to rebuke Hamza for what he had done. Hamza was intoxicated and his eyes were red. Hamza looked at the Messenger of Allah, may Allah bless him and grant him peace, and then he raised his eyes and looked at his knees, and then he raised his eyes and looked at his navel and then he raised his eyes and looked at his face. Then Hamza asked, 'Are you not my father's slaves?' The Messenger of Allah, may Allah bless him and grant him peace, saw that he was drunk, and so the Messenger of Allah, may Allah bless him and grant him peace, withdrew and we went out with him.'"

2926. It is related that 'A'isha, Umm al-Mu'minin, reported that Fatima, peace be upon her, the daughter of the Messenger of Allah, may Allah bless him and grant him peace, asked Abu Bakr as-Siddiq after the death of the Messenger of Allah, may Allah bless him and grant him peace, to allot her her share of the inheritance from what the Messenger of Allah, may Allah bless him and grant him peace, left of the spoils which Allah had given him. Abu Bakr said, "The Prophet, may Allah bless him and grant him peace, said, 'We do not bequeath inheritance. What we leave is sadaqa.'" Fatima, the daughter of the Messenger of Allah, got angry and disassociated herself from Abu Bakr. She remained disassociated from him until she died. She lived for six months after the Messenger of Allah, may Allah bless him and grant him peace."

She said, "Fatima used to ask Abu Bakr for her share of what the Messenger of Allah, may Allah bless him and grant him peace, left of Khaybar and Fadak and his sadaqa in Madina. Abu Bakr refused to give her that and said, 'I will not abandon anything that the Messenger of Allah, may Allah bless him and grant him peace, used to do. I follow that. I fear that if I were to abandon some of his business, I would swerve. ' As for the sadaqa in Madina. 'Umar gave it to 'Ali and 'Abbas, and as for Khaybar and Fadak, 'Umar kept them and said, 'These two are the sadaqa of the Messenger of Allah, may Allah bless him and grant him peace, which were for the rights and events which arose. Their business passes to the one in authority."

Az-Zuhri observed, "They are still like that today."

2927. It is is related that Malik ibn Aws said, "I was sitting with my family when the sun was up and the day was very hot when the messenger of 'Umar ibn al-Khattab came to me and said, 'Respond to the Amir al-Mu'minin!' I went with him and entered where 'Umar was. He was sitting on a bed of palm-leaves and there was no mattress between him and it. He was leaning on a leather cushion. I greeted him and then sat down. He said, 'O Malik! some of your people with families came to me and I have ordered a gift for them. Take it and distribute it among them.' I said, 'Amir al-Mu'minin! I wish that you would command someone else to do it.' He said, 'Take it, O man!'

"While I was sitting there with him, his chamberlain Yarfa' came and asked, 'Will you admit 'Uthman, 'Abdu'r-Rahman ibn 'Awf, az-Zubayr, and Sa'd ibn al-Waqqas who are asking permission to enter?' He said, 'Yes.' He gave them permission and they entered and greeted him and sat down. Then Yarfa' sat for a short time and then he said, 'Will you admit 'Ali and 'Abbas?' He said, 'Yes.' He gave them permission and they entered and greeted and sat down. 'Abbas said, 'Amir al-Mu'minin! Judge between me and this one!' They had a disagreement about the spoils which Allah had given His Messenger from the Banu'n-Nadir. The group, 'Uthman and his companions, said, 'O Amir al-Mu'minin! Judge between them and give them relief from one another.' 'Umar said, 'Be patient. I adjure you by Allah by whose permission the heaven and earth subsist, do you know that the Messenger of Allah, may Allah bless him and grant him peace, said, "We do not bequeath inheritance. What we leave is sadaqa," and that the Messenger of Allah, may Allah bless him and grant him peace, meant himself?' The group agreed, 'He said that.' 'Umar turned to 'Ali and 'Abbas and said, 'I adjure you by Allah, did the Messenger of Allah, may Allah bless him and grant him peace, say that?' They replied, 'He said that.' 'Umar said, 'I will talk to you about this matter. Allah singled out His Messenger, may Allah bless him and grant him peace, for these spoils with something which he did not give anyone else. Then he recited, "Whatever booty from them Allah has given to His Messenger – and you spurred on neither horse nor camel in its acquisition, but Allah gives power to His Messengers over anyone He wills, Allah has power over all things." (59:6) He said, "That was specially for the Messenger of Allah, may Allah bless him and grant him peace. By Allah, he did not appropriate it to your exclusion, and he did not prefer himself with it against you. He gave it to you and distributed it among you until this property remained of it. The Messenger of Allah, may Allah bless him and grant him peace, used to spend on his family the maintenance of a year from this property. Then what remained he made the property of Allah. The Messenger of Allah, may Allah bless him and grant him peace, did that during his lifetime. I adjure by Allah, do you know that?' They answered, 'Yes.' Then he said to 'Ali and 'Abbas, 'I adjure you by Allah, do you know that?'

"'Umar continued, 'Then Allah took His Prophet, may Allah bless him and grant him peace, and Abu Bakr said, "I am the successor of the Prophet, may Allah bless him and grant him peace.' So Abu Bakr took it and acted with it as the Messenger of Allah, may Allah bless him and grant him peace, had acted. Allah knows best that in it he was truthful, good, rightly-guided, following the truth. Then Allah took Abu Bakr and I am the successor of Abu Bakr. I help it under my control for two years during which I acted in it as the Messenger of Allah, may Allah bless him and grant him peace, had acted and as Abu Bakr had acted. Allah knows best that I was truthful, good, right-guided, following the truth in it. Then you two came to talk to me, and you both said the same thing and presented the same case. 'Abbas, you came to me to ask me for your share from your nephew, and this one - meaning 'Ali - came to me to seek his wife's share from her father. I said to you two that the Messenger of Allah, may Allah bless him and grant him peace, said, "We do not bequeath inheritance. What we leave is sadaqa," Then I thought it best to hand it over to you and I said, "If you wish, I will hand it over to you on the basis that you take the pledge and pact of Allah to act in it as the Messenger of Allah, may Allah bless him and grant him peace, acted in it and as Abu Bakr acted in it and as I acted in it since I took charge," and you both said, "Hand it over to us," and I handed it over to you on that basis. I adjure you by Allah, did I give it to them on that basis?' The group said, 'Yes.' Then he turned to 'Ali and 'Abbas and said, 'I adjure you by Allah, did I give it to you on that basis?' They answered, 'Yes.' He said, 'So are you now seeking from me a decision other than that? By Allah by whose permission the heaven and earth susbsist, I would not give a decision in it other than that! If you are incapable of it, then give it to me and I will spare you of it.'"

II: Payment of the khumus is part of the deen

2928. It is related that Ibn 'Abbas was heard to say, "The delegation of Banu'l-Qays and said, 'O Messenger of Allah, We are from the tribe of Rabi'a. The unbelievers of Mudar are situated between us and you. We can only come to you in the sacred month Give us some instructions to which we can summon those we left behind, He said, 'I command you to do four things and forbade you to do four things: to believe in Allah, to testify that there is no god but Allah,' and he pointed with his hand, 'to establish the prayers, to pay the zakat, to fast Ramadan and to pay the khums (fifth) to Allah from the booty you take. I forbide you: dubba', naqir, hantam, and muzaffat.'"

[These are vessels used for fermentation of drinks.]

III: The maintenance of the wives of the Prophet, may Allah bless him and grant him peace, after his death

2929. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "My heirs do not divide up a dinar. Whatever I leave after the maintenance of my wives and payment of my workers is sadaqa."

2930. It is related that 'A'isha said, "The Messenger of Allah, may Allah bless him and grant him peace, died and there was nothing in my house which a living thing could eat, except some barley on a shelf of mine. I ate from it until it seemed a long time, and then I measured it and then it finished."

2931. It is related that 'Amr ibn al-Harith was heard to say, "The Prophet, may Allah bless him and grant him peace, only left his weapons, his white mule, and some land which he left as sadaqa."

IV: What has come about the rooms of the wives of the Prophet, may Allah bless him and grant him peace, and the rooms which were ascribed to them

The words of Allah Almighty, "Remain in your houses," (33:33) and "Do not go into the Prophet's rooms except when you are invited." (33:53)

2932. It is related that 'A'isha, the wife of the Prophet, said, "When the illness of the Prophet, may Allah bless him and grant him peace, became severe, he asked his wives for permission to be nursed in my room and they gave him their permission."

2933. It is related that 'A'isha said, "The Prophet, may Allah bless him and grant him peace, died in my room and on my day on the upper part of my chest, and Allah joined my saliva and his." She said, "'Abdu'r-Rahman came in with a siwak, but the Prophet, may Allah bless him and grant him peace, was too weak to use it. So I took it and chewed it and he cleaned his teeth with it."

2934. It is related from 'Ali ibn al-Husayn that Safiyya, the wife of the Prophet, reported to him that she went to visit the Messenger of Allah, may Allah bless him and grant him peace, while he was doing i'tikaf in the mosque during the last ten days of Ramadan and then got up to return home. The Prophet, may Allah bless him and grant him peace, got up and accompanied her to the door of the mosque near the door of Umm Salama. Two men of the Ansar passed by and greeted the Prophet, may Allah bless him and grant him peace,and then passed on. The Messenger of Allah, may Allah bless him and grant him peace, said to them, "Take it easy!" They said, "Glory be to Allah, Messenger of Allah." (What he said) having affected them strongly. The Prophet, may Allah bless him and grant him peace, said, "Shaytan gets to everywhere in a man that his blood gets to and I feared that he might cast something into your hearts."

2935. It is related that 'Abdullah ibn 'Umar said, "I went up above Hafsa's room and saw the Prophet, may Allah bless him and grant him peace, answering the call of nature, with his back to qibla, facing Syria."

2936. It is related that 'A'isha said, "The Messenger of Allah, may Allah bless him and grant him peace, used to pray 'Asr when the sun had not left her room."

2937. It is related that 'Abdullah said, "The Prophet, may Allah bless him and grant him peace, got up to speak and pointing towards 'A'isha's dwelling, said, 'From here comes trial' three times, 'where the horn of Shaytan appears.'"

2938. It is related from 'Amra bint 'Abdu'r-Rahman that 'A'isha, the wife of the Prophet, may Allah bless him and grant him peace, informed her that the Messenger of Allah, may Allah bless him and grant him peace, was with her and she heard the sound of a man asking permission to enter the house of Hafsa. ['A'isha said,] "I said, 'Messenger of Allah, this man is asking permission to enter your house.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'I think it is so-and-so,' the uncle of Hafsa by suckling. Suckling make unlawful what birth makes unlawful."

V: What is mentioned about the armour of the Prophet, his staff, sword, cup and ring, and what the Khalifs after him used of that which was not mentioned as having been distributed, and about his hair, sandals, and utensils which his Companions and others considred to have blessing after his death

2939. It is related from Anas that when Abu Bakr became khalif, he sent him to Bahrayn and wrote this letter for him and sealed it with the seal of the Prophet, may Allah bless him and grant him peace. Three lines were engraved on the seal: 'Muhammad' on one line, 'Messenger' on one line, and 'of Allah' on one line."

2940. It is related that 'Isa ibn Tahman said, "Anas brought out to us two worn leather sandals with straps. Afterwards Thabit al-Bannani told me from Anas that they were the sandals of the Prophet, may Allah bless him and grant him peace."

2941. It is related that Abu Burda said, "'A'isha brought out to me a patched garment and said, 'In was in this garment that the spirit of the Prophet, may Allah bless him and grant him peace, departed.'" Abu Burda said, "'A'isha brought us to us a thick wrapper of the type made in Yemen, and a garment of this type which is called al-Mulabbada."

2942. It is related from Anas ibn Malik that the cup of the Prophet, may Allah bless him and grant him peace, broke and he mended the place of the crack with a silver wire." 'Asim said, "I saw the cup and drank from it."

2943. It is related from 'Ali ibn al-Husayn that when they arrived in Madina from Yazid ibn Mu'awiya after the killing of Husayn ibn 'Ali, may Allah have mercy on him, al-Miswar ibn Makhrama met him and asked him, "Do you need anything from me which you order me to do ?" He said to him, "No." He said to him, "Will you give me the sword of the Messenger of Allah, may Allah bless him and grant him peace? I am afraid that the people will take it from you by force. By Allah, if you give it to me, it will never be taken from me until I breathe my last!"

['Ali said,] "When 'Ali ibn Abi Talib proposed to the daughter of Abu Jahl while he was married to Fatima, peace be upon her, I heard the Messenger of Allah, may Allah bless him and grant him peace, addressing the people about that on this minbar of his and on that day I had reached puberty. He said, 'Fatima is from me and I fear that she will be tested in her deen.' Then he mentioned an in-law of his from the Banu 'Abdu Shams and praised him as an in-law, and said, 'He spoke to me and told the truth. He promised me and kept his promise. I do not make the lawful unlawful and I do not make the unlawful lawful but, by Allah, the daughter of the Messenger of Allah, may Allah bless him and grant him peace, and the daughter of the enemy of Allah will not be joined together.'"

[The in-law was Abu'l-'As, the husband of Zaynab.]

2944. It is related that [Muhammad] ibn al-Hanafiyya said, "If 'Ali had mentioned anything not good about 'Uthman, he would have mentioned him regarding the day when some people came to him and complained about the zakat collectors of 'Uthman. 'Ali said to me, 'Go to 'Uthman and tell him: this [document] contains [the rules of] the zakat of the Messenger of Allah, may Allah bless him and grant him peace, so command your agents to act according to it.' I brought it to him and he stated, 'I have no need it.' I took it to 'Ali and informed him and he said, 'Put it back where you took it from.'"

It is related from Ibn al-Hanafiyya who said, "My father sent me: 'Take this letter and take it to 'Uthman. It contains the command of the Prophet, may Allah bless him and grant him peace, regarding zakat.'"

[The hadith actually has sadaqa rather than zakat, as the terms were used interchangeably at that time.

Muhammad ibn al-Hanafiyya was the son of 'Ali.]

VI: The evidence that the khumus is for the needs of the Messenger of Allah, may Allah bless him and grant him peace, and the poor. The preference of the Prophet, may Allah bless him and grant him peace, for the People of the Suffa and widows. When Fatima complained to him about grinding and milling and asked him to give her a servant from the captives, he told her to trust in Allah

2945. It is related from 'Ali, "Fatima, peace be upon her, complained of what she endured from the mill for grinding, and she heard that the Messenger of Allah, may Allah bless him and grant him peace, had taken captives. She went to him to ask for a servant and she did not find him. She mentioned it to 'A'isha. When the Prophet, may Allah bless him and grant him peace, came, 'A'isha mentioned that to him. He came to him when we had gone to bed and we went to get up and he said, 'Stay where you are' until I felt the coolness of his feet on my chest. He said, 'Shall I indicate to you two what is better than what you asked for? When you go to bed, say "Allah is greater" thirty-four times, "Praise be to Allah" thirty-three times, and "Glory be to Allah" thirty-three times. That is better for you than what you asked for.'"

VII: The words of Allah Almighty, "A fifth of it belongs is to Allah and to the Messenger," (8:41),

i.e. the Messenger was to distribute that. The Messenger of Allah, may Allah bless him and grant him peace, said, "I am the distributor and the treasurer, and it Allah who gives."

2946. It is related that Jabir ibn 'Abdullah said, "A man of us among the Ansar had a boy born to him, and he wanted to name him Muhammad." Shu'ba said in the hadith of Mansur, "The Ansari said, 'I put him on my shoulder and took him to the Prophet*, may Allah bless him and grant him peace,." In the hadith of Sulayman, "A boy was born to him and he wanted to name him Muhammad. He said, 'Name yourselves with my name but do not use my kunya. I have been made a distributor to divide things between you.'" Husayn said, "I was sent as a distributor to divide between you." Jabir said, "He meant that he wanted to call him al-Qasim and the Prophet, may Allah bless him and grant him peace, said, 'Name yourselves with my name but do not use my kunya.'"

2947. It is related that Jabir ibn 'Abdullah al-Ansari said, "A man among us had a boy born to him and he named him al-Qasim. The Ansar said, 'We will not give you the kunya of Abu'l-Qasim and we will not delight you with that.' He went to the Prophet, may Allah bless him and grant him peace, and said, 'Messenger of Allah, a boy was born to me and I called him al-Qasim. The Ansar said to me, "We will not give you the kunya of Abu'l-Qasim and we will not delight you with that."' The Prophet, may Allah bless him and grant him peace, said, ''Name yourselves with my name but do not use my kunya. I am Qasim.'"

2948. It is related that Mu'awiya was heard to say that the Messenger of Allah, may Allah bless him and grant him peace, said, "When Allah desires good for someone, He gives him correct understanding in the deen. Allah gives, and I am a distributor. This community will continue to defeat those who oppose them until the command of Allah comes, and they will be victorious."

2949. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "I do not give to you nor deny you. I am a distributor who puts it where I am commanded."

2950. It is related that Khawla al-Ansariyya said, "I heard the Prophet, may Allah bless him and grant him peace, say, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Men who spend out the property of Allah without due right will go to the Fire on the Day of Rising."

VIII: The words of the Prophet, may Allah bless him and grant him peace, "Booty has been made lawful for you."

Allah Almighty says, "Allah has promised you much booty which you will take." (48:20) It was general until the Messenger, may Allah bless him and grant him peace,clarified it.

2951. It is related from 'Urwa al-Bariqi that the Prophet, may Allah bless him and grant him peace, said, "Good will remain tied to the forelocks of horses until the Day of Rising."

2952. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Then Chosroes will be destroyed and there will be no Chosroes after him. Then Caesar will be destroyed and there will be no Caesar after him. By the One in whose hand my soul is, you will spend their treasures in the way of Allah."

2953. It is related that Jabir ibn Samura said that the Messenger of Allah, may Allah bless him and grant him peace, said, "Then Chosroes will be destroyed and there will be no Chosroes after him. Then Caesar will be destroyed and there will be no Caesar after him. By the One in whose hand my soul is, you will spend their treasures in the way of Allah."

2954. It is related that Jabir ibn 'Abdullah said that the Messenger of Allah, may Allah bless him and grant him peace, said, "Booty has been made lawful to me."

2955. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Allah has guaranteed that one who does jihad in His way and only goes forth for jihad in His Way with belief in His words will enter the Garden or return to his home from which he set out with what he obtained of reward or booty."

2956. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "One of the Prophets, may the blessings and peace of Allah be upon them, went on an expedition and said to his people, 'A man who has contracted a marriage with a woman and wants to consummate it but has not yet done so should not go with me, nor should anyone who has built a house and not yet raised its roof, nor anyone who has bought some sheep or pregnant she-camels and is waiting for them to give birth.' So he went on the expedition and approached the town at the time of the 'Asr prayer, or about that time. He said to the sun, 'You are under command and I am under command. O Allah, hold it back for us!' And it was held back until Allah gave him victory. He gathered the booty and it, i.e. the fire, came to consume it, but it did not consume it. He said, 'Some of you have stolen from the booty. A man from every tribe should come and give allegiance.' One man's hand stuck to his hand and he said, 'The theft is among you. Your tribe should give me allegiance.' The hands of two or three men stuck to his hand, and he said, 'The theft is among you.' So they brought a head made of gold looking like the head of a cow and put it down and the fire came and consumed it. Booty was not lawful for anyone before us. Then Allah made booty lawful for us. Allah saw our weakness and incapacity and so He made it lawful for us."

IX: Booty is for those who are present at the battle

2957. It is related that 'Umar said, "If it were not for future Muslims, I would have distributed every village I conquered among its people as the Prophet, may Allah bless him and grant him peace, distributed Khaybar."

X: Does the one who fights for the sake of booty have his reward decreased?

2958. It is related that Abu Musa al-Ash'ari said, "A desert Arab said to the Prophet, may Allah bless him and grant him peace, 'One man fights for booty, and one man fights for renown, and another fights so that his position will be seen. Who is truly in the way of Allah?' He said, 'The one who fights so that the word of Allah will be the uppermost is fighting in the way of Allah.'"

XI: The ruler distributes what is before him and sets aside the share of those who are not present or are absent

2959. It is related from 'Abdullah ibn Abi Mulayka that the Prophet, may Allah bless him and grant him peace, was given some silk cloaks with gold buttons and to divided them between some of his Companions and he put aside one for Makhrama ibn Nawfal. He came with his son, al-Miswar ibn Makhrama, and stood at the door and said, 'Call him for me.' The Prophet, may Allah bless him and grant him peace, heard his voice and took a cloak and gave it to him, saying, 'I kept this for you. I kept this for you.'"

It is related from al-Miswar, "Some cloaks came to the Allah." Al-Layth corroborated it from Ibn Abi Mulayka.

XII: How the Prophet, may Allah bless him and grant him peace, distributed (the goods) of Quraza and an-Nadir, and what he took of that for his needs

2960. It is related that Anas ibn Malik was heard to say, "A man would appoint for the Prophet, may Allah bless him and grant him peace, some of his palm-trees until he conquered Qurayza and an-Nadir. After that, he returned that to them."

XIII: The blessing in the property of the one who fought with the Prophet, may Allah bless him and grant him peace, and those in authority

2961. It is related that 'Abdullah ibn az-Zubayr said, "When az-Zubayr stood awaiting the Battle of the Camel, he called me over and I went to his side. He said, 'O my son, no one will be killed today except someone wronging or someone wronged. I think that I will be killed today as one of the wronged. One of my greatest concerns is my debts. Do you think that any of our property will remain after out debts are settled?' He said, 'O my son! Sell our property and pay my debts!. Then he willed a third, and a third of it was for his sons, i.e. the sons of 'Abdullah ibn az-Zubayr. He said, 'A third of the third. If anything is left over of our property after paying the debts, then a third of it is for your children.' (Hisham said, "Some of the sons of 'Abdullah were the same age as the sons of az-Zubayr: Khubayb and 'Abbad. At that time he had nine sons and nine daughters.")" 'Abdullah said, "My father began to order me concerning his debts and say, 'O my son, if you are unable to settle any of it, then ask my Master for help in doing it." He said, "By Allah, I did not know what he meant so I said, 'O my father, who is your Master?' He said, 'Allah.'" He said, "Whenever I ran into a difficulty regarding his debt I said, 'O Master of az-Zubayr! Pay his debt for him!' and He would settle it. Az-Zubayr was killed without leaving a single dinar or a dirham, but only two pieces of land, one of which was al-Ghaba, and eleven houses in Madina, two in Basra, one in Kufa, and one in Egypt." He said, "The debt that he owed resulted from people bringing him money to leave in his keeping. Az-Zubayr would say, 'No, let it rather be a loan, for otherwise I fear that it might get lost.' He was never appointed to a government post of any kind nor to the collection of land-tax (kharaj) nor anything else. What he had came only from expeditions with the Prophet, may Allah bless him and grant him peace, or with Abu Bakr, 'Umar and 'Uthman."

'Abdullah ibn az-Zubayr said, "When I worked out the debt he owed, I found it to be two million and two hundred thousand." Hakim ibn Hizam met 'Abdullah ibn az-Zubayr and said, "Nephew, how large a debt does my brother have?" I concealed it and said, "A hundred thousand." Hakim said, "By Allah, I do not think that your property will cover this amount." 'Abdullah said, "What would you think if it were two million and two hundred thousand?" He said, "I do not think you will be able to pay this. If you are unable to cover any of it, then ask me for help."

He said, "Az-Zubayr had purchased al-Ghaba for one hundred and seventy thousand, and 'Abdullah sold it for one million and six hundred thousand. Then he stood up and said, 'Anyone who is owed anything by az-Zubayr should come to us at al-Ghaba.' 'Abdullah ibn Ja'far came to him, and az-Zubayr owed him four hundred thousand. He said to 'Abdullah. 'If you like, I will forgo it.' 'Abdullah said, 'No.' He said, 'If you like, you can delay payment if you want to.' 'Abdullah said, 'No.'" He said, "He said, 'So allocate me a piece of land.' 'Abdullah said, 'You can have from here to there.' 'Abdullah sold some of it and paid his debts in full and there remained four and a half shares of the land. He went to Mu'awiya while 'Amr ibn 'Uthman, al-Mundhir ibn az-Zubayr and Ibn Zam'a were with him. Mu'awiya said, 'How much have you valued al-Ghaba at?' He said, 'Each share at a hundred thousand.' He said, 'How much remains?' He said, 'Four and half shares.' Al-Mundhir ibn az-Zubayr said, 'I will take a share for a hundred thousand.' 'Amr ibn 'Uthman said, 'I will take a share for a hundred thousand.' Ibn Zam'a said, 'I will take a share for a hundred thousad.' Mu'awiya said, 'How much remains?' He said, 'A share and a half.' He said, 'I will take them for one hundred and fifty thousand.'"

He said, "'Abdullah ibn Ja'far later sold his share to Mu'awiya for sixty thousand. When Ibn az-Zubayr finishing settling his debts, the sons of az-Zubayr said, 'Distribute our inheritance between us.' He said, 'No, by Allah, I will not distribute it until I have made this announcement for four years during the hajj festival: 'Anyone who has a debt owed him by az-Zubayr should come to us and we will settle it.'" He said, "He announced that every year at the festival and when the four years were up, he distributed it between them. Az-Zubayr had four wives and after the prescribed third was removed, each wife got a million and two hundred thousand. So the total amount of his property was fifty million and two hundred thousand."

XIV: If the ruler sends a messenger on an errand or orders him to remain at home, does he receive a share (of the booty)?

2962. It is related that Ibn 'Umar said, "'Uthman was absent from Badr. He was married to the daughter of the Messenger of Allah, may Allah bless him and grant him peace. She was ill and the Prophet, may Allah bless him and grant him peace, said to him, 'You have the reward and share of someone who was present at Badr.'"

XV: The evidence that the khumus is for the needs of the Muslims

When the Hawazin made their request of the Prophet, may Allah bless him and grant him peace, by virtue of his suckling relationship to them, he asked the Muslims to forgo their shares. The Messenger of Allah, may Allah bless him and grant him peace, used to promise the people that he would give them some of the spoils and booty from the khumus. He also gave to the Ansar and gave Jabir ibn 'Abdullah some of the dates of Khaybar.

2963. It is related from Marwan ibn al-Hakam and al-Miswar ibn Makhrama that when the delegation of Hawazin came to the Messenger of Allah, may Allah bless him and grant him peace, as Muslims, he stood up. They asked him to restore to them their property and their people who had been captured. The Messenger of Allah, may Allah bless him and grant him peace, told them, 'The words I love the most are those which are the most truthful. Choose one of the two - either the captives or the property. I have delayed distributing them.' The Messenger of Allah, may Allah bless him and grant him peace, had waited for them for about ten days after returning from Ta'if. When it was apparent to them that the Messenger of Allah, may Allah bless him and grant him peace, would only return one of the two to them, they said, 'We will take the captives.' The Messenger of Allah, may Allah bless him and grant him peace, got up among the Muslims and praised Allah as He deserves and then said, 'Following on from that: these brothers of yours have come in repentance and I think that the captives should be returned to them. Any of you who are happy with this should do that. Any of you who want to keep their share until we can pay him from the first spoils which Allah brings us may do that. The people said, 'We are happy to do that in their case for the sake of the Messenger of Allah, may Allah bless him and grant him peace,.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'We do not know which of you have allowed it and which have not. Go back so that your leaders can inform us of your decision.' The people went back and their leaders spoke to them and then they returned to the Messenger of Allah, may Allah bless him and grant him peace,* and told him, 'They are happy with that and give their permission.' This is what reached us regarding the captives of Hawazin."

2964. It is related that Zahdam said, "We were with Abu Musa who brought a meal with chicken. There was present with him a man from the Banu Taym who was reddish as if he were one of the Greek clients. He was invited to the food but he said, 'I saw them eating something filthy and I swore that I would not eat them.' Abu Musa said, 'Come and I will inform you about that, I came to the Prophet, may Allah bless him and grant him peace, among the group of the Ash'arites, asking him to give us mounts. He said, 'By Allah, I will not give you mounts, and I do not have any mounts to give you.' Then the Messenger of Allah, may Allah bless him and grant him peace, was brought some camels as booty. He asked about us and said, 'Where are the Ash'arite group?' He commanded for us five camels with white humps. When we leave, we said, 'What have we done? There will be no blessings for us.' So we returned to him and said, 'We asked you to give us mounts and you swore that you would not give us mounts. Did you forget?' He said, 'I am not the one who gave you mounts, but Allah gave you mounts. By Allah, if Allah wills, I will never make an oath and then see something better than it without doing expiation for my oath and doing the thing that is better.'"

2965. It is related from Ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, sent out a party which contained 'Abdullah ibn 'Umar towards Najd. They took a lot of camels as booty. Their shares were twelve camels, or eleven, and they were each given an extra camel.

2966. It is related from Ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, used to give extra to some of those in parties whom he sent out for themselves in addition to the general share of the army.

2967. It is related that Abu Musa said, "The fact that the Prophet, may Allah bless him and grant him peace, had departed reached us while we were in the Yemen. So we set out to emigrate to him - me and two of my brothers, and I was the youngest of them. One of them was Abu Burda and the other was Abu Ruhm. (He said either, "We were some," or "We were fifty-three or fifty-two) men of our people. We embarked on a boat and out boat took us to the Negus in Abyssinia. We found Ja'far ibn Abi Talib with his companions. Ja'far said, 'The Messenger of Allah, may Allah bless him and grant him peace, has sent us here and ordered us to stay, so stay with us.' So we stayed with him until we all went and found the Prophet, may Allah bless him and grant him peace, when he had conquered Khaybar. He gave us a share. (or he said, "He gave us some of it.") He did not allot anything to anyone who was absent from the conquest of Khaybar other than those who were present with him, except for the people of our ship as well as Ja'far and his companions. He also gave them a share."

2968. It is related that Jabir was heard to say, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'If the money of Bahrayn comes, I will give you such-and-such.' The money of Bahrayn did not come until after the Prophet, may Allah bless him and grant him peace, had died. When the money of Bahrayn arrived, Abu Bakr commanded that it be announced, 'Whoever has a promise with the Prophet, may Allah bless him and grant him peace, or a debt should come to us.' I came to him and said, 'The Prophet, may Allah bless him and grant him peace, promised me such-and-such.' He gave me a double handful three times."

Sufyan began to scoop with both his hands. Then he said to us, "That is how Ibn al-Munkadir said it."

Once he said, "I went to Abu Bakr and asked for the money, but he did not give to me. Then I came to him and he did not give to me. Then I came to him a third time and I said, 'I asked you and you did not give to me, and then I asked you and you did not give to me, and then I asked you and you did not give to me. Either you give to me or you are miserly towards you.' He said, 'You say you have experienced miserliness from me? Every time I denied you, I wanted to give to you.'"

It is related from Jabir, "He scopped up a handful for me and said, 'Count it.' I found it to be five hundred. He said, 'Take its like twice.'" Ibn al-Munkadir remarked, "What ailment is more severe than miserliness?"

2969. It is said that Jabir ibn 'Abdullah said, "While the Messenger of Allah, may Allah bless him and grant him peace, was distributing the booty at al-Ji'rana when a man said to him, 'Be just.' He replied to him, 'I would be wretched if I were not just.'"

XVI. CHAPTER: The favour shown by the Prophet, may Allah bless him and grant him peace, to captives without taking the khumus

2970. It is related that Jubayr said that the Prophet, may Allah bless him and grant him peace, said about the captives of Badr, "If al-Mut'im ibn 'Adi had been alive and spoke to me about these foul ones, I would have left them for his sake."

XVII: Part of the evidence for the fact that the khumus is for the ruler and he can give to some of his relatives rather others is what the Prophet, may Allah bless him and grant him peace, distributed of the khumus of Khaybar to the Banu'l-Muttalib and Banu Hashim

'Umar ibn 'Abdu'l-'Aziz said, "He did not make that general to all of them and he did not single out one relative other than the one who was more in need. He gave to those who complained to him of need and because of what they suffered from their people and their allies for his sake."

2971. It is related that Jubayr ibn Mut'im said, "I and 'Uthman ibn 'Affan went to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, you have given to the Banu'l-Muttalib and left us out although we have the same position with you.' He replied, 'The Banu'l-Muttalib and the Banu Hashim are the same.'"

Furthermore Jubayr said, "The Prophet, may Allah bless him and grant him peace, did not distribute a share to the Banu 'Abdu Shams nor the Banu Nawfal."

Ibn Ishaq said, "'Abdu Shams, Hashim and al-Muttalib are maternal brothers. Their mother was 'Atika bint Murra. Nawfal was their paternal brother."

XVIII: The one who did not take the khumus from the spoils of a slain enemy. The one who kills the enemy is entitled to his spoils without any khumus, and the judgement of the ruler about it

2972. It is related that 'Abdu'r-Rahman ibn 'Awf said, "While I was standing in the ranks on the Day of Badr, I looked to my right and my left, and there were two young boys of the Ansar, and I hoped that I was stronger than them. One of them nudged me and asked, 'Uncle, do you recognise Abu Jahl?' I replied, 'Yes, what do you want of him, nephew?' He said, 'I have been informed that he insulted the Messenger of Allah, may Allah bless him and grant him peace, and by the One in whose hand my soul is, if I see him, then my person will not part from his person until one of us dies.' I was astonished at that. Then the other nudged me and said the like of it to me. It was quite soon that I saw Abu Jahl going aroung the people and I said, 'This is the one you asked me about!' So they went for him with their swords and they struck him until he was killed him. Then they went to the Messenger of Allah, may Allah bless him and grant him peace, and told him. He said, 'Which one of you killed him?' Each of them said, 'I killed him.' He asked, 'Have you wiped your swords?' They answered, 'No.' He looked at the swords and said, 'Both of you killed him, and the spoils will given to Mu'adh ibn 'Amr ibn al-Jamuh.' They were Mu'adh ibn 'Afra' and Mu'adh ibn 'Amr ibn al-Jamuh."

2973. It is related that Abu Qatada said, "We went out with the Messenger of Allah, may Allah bless him and grant him peace, in the year of Hunayn. When we met the enemy, the Muslims were routed. I saw a man of the idolaters over a man of the Muslims, and I turned around until I reached him from behind and hit with the sword on the shoulder vein. He turned against me and seized me so fiercely that I felt death approaching. Then death overcame him and he released me. I caught up to 'Umar ibn al-Khattab and asked, 'What is wrong with the people?' He answered, 'The command of Allah.' Then the people returned. The Prophet, may Allah bless him and grant him peace, sat and said, 'Whoever killed someone and has proof of it will have his spoils.' I stood up and said, 'Who will testify for me?' Then I sat down. Then he said, 'Whoever killed someone and has proof of it will have his spoils.' I stood up and said, 'Who will testify for me?' Then I sat down. Then he said the like of it a third time. I stood up and the Messenger of Allah, may Allah bless him and grant him peace, said, 'What is wrong, Abu Qatada?' I recounted the story to him and a man said, 'He spoke the truth, may Allah bless him and grant him peace. I have his spoils with me, so give him compensation for me.' Abu Bakr as-Siddiq said, 'No, by Allah, he will not go to one of the lions of Allah who fought for Allah and His Mesenger to give you his spoils.' The Prophet. may Allah bless him and grant him peace, said, 'He spoke the truth,' and he gave them and I sold the armour and with it I bought a garden in the Banu Salama, and it was the first property which I gained in Islam.'"

XIX: What the Prophet, may Allah bless him and grant him peace, gave to reconcile people's hearts and to other people from the khumus and its like

'Abdullah ibn Zayd related it from the Prophet, may Allah bless him and grant him peace. (see 4075)

2974. It is related that Hakim ibn Hizam said, "I asked the Messenger of Allah, may Allah bless him and grant him peace, to give to me, and he gave to me and then I asked him and he gave to me and then I asked him again and he gave to me. Then he said, 'Hakim, wealth is verdant and sweet. Anyone who takes it in a generous spirit will be blessed in it but anyone who takes it in an avaricious way will not be blessed in it, like someone who eats and is not satisfied. The upper hand is better than the lower hand.'" Hakim said, "I said, 'Messenger of Allah, by the One who sent you with the Truth, I will never again ask anyone for anything until I leave this world.'" Abu Bakr called Hakim to take his share and he refused to take it from him. Then 'Umar called him to give to him and he refused to accept anything from him either. 'Umar said, "I call on you to testify, company of Muslims, that I offered Hakim his share of this booty and he refused to take it. Hakim did not take anything from any person after the Messenger of Allah, may Allah bless him and grant him peace, until he died.

2975. It is related from Nafi' that 'Umar ibn al-Khattab said, "O Messenger of Allah, "I vowed during the time of Jahiliyya to do i'tikaf for one day." He commanded him to fulfil the vow.

Nafi' said, "'Umar received two slave-girls from the captives of Hunayn and put them in one of his houses in Makka." He said, "When the Messenger of Allah, may Allah bless him and grant him peace, freely released the captives of Hunayn, they began to walk about in the streets. 'Umar said, ''Abdullah! Go and see what has happened!' He said, 'The Messenger of Allah, may Allah bless him and grant him peace, has freely released the captives.' He said, 'Go and release the two girls.'"

Nafi' said, "The Messenger of Allah, may Allah bless him and grant him peace, did not make 'umra from al-Ji'rana. If he had done so, that would not have been concealed from 'Abdullah."

Nafi' added that Ibn 'Umar said, "They were part of the khumus."

Nafi' related it from Ibn 'Umar about vows, but did not say "a day".

2976. It is related that 'Amr ibn Taghlib said, "The Messenger of Allah, may Allah bless him and grant him peace, gave to some people and denied others and it seemed that they were critical of him. So he said, 'I give to some people fearing lest they should incline away and not be patient, while I entrust other people to what Allah has placed in their hearts of good and wealth. One of them is 'Amr ibn Taghlib.'" 'Amr ibn Taghlib said, "The words of the Messenger of Allah, may Allah bless him and grant him peace, are dearer to me than to red camels."

'Amr ibn Taghlib related that the Messenger of Allah, may Allah bless him and grant him peace, was brought some money or captives and shared them out.

2977. It is related that Anas said, "I give to Quraysh to reconcile them because they are near to their pact with Jahiliyya."

2978. It is related from Anas ibn Malik that when Allah gave the booty which He gave to His Messenger, may Allah bless him and grant him peace, from Hawazin, and he began to give a hundred camels to some men of Quraysh, some of the Ansar said about the Messenger of Allah, may Allah bless him and grant him peace, "May Allah forgive the Messenger of Allah! He gives to Quraysh and leaves us out even though our swords are dripping with their blood." Anas said, "The Messenger of Allah, may Allah bless him and grant him peace, was informed about what they said and so he sent to the Ansar and gathered them together in a hide tent. He did not invite anyone else with them. When they were together, the Messenger of Allah, may Allah bless him and grant him peace, came to them and said, 'What is this talk which I have heard that you said?' Those with understanding among them said to him, 'Those of us whose opinion carries weight did not say anything, Messenger of Allah. However, some of the young people among us said, "May Allah give the Messenger of Allah! He gives to Quraysh and leaves us out even though our swords are dripping with their blood."' The Messenger of Allah, may Allah bless him and grant him peace, said, 'I give to men who were recently unbelievers. Are you not pleased to let people go with property while you return to your homes with the Messenger of Allah, may Allah bless him and grant him peace? By Allah, You will return with better than what they are returning with.' They said, 'Yes,indeed, Messenger of Allah, we are pleased!' He said to them, 'You will see great self-interest after me, so be steadfast until you meet Allah Almighty and His Messenger at the Basin.'" Anas said, "But we were not steadfast."

2979. It is related from Jubayr ibn Mut'im that while he was travelling with the Messenger of Allah, may Allah bless him and grant him peace, with some people while returning from Hunayn, some people began to cling to him asking him until they forced him back against an acacia tree and his cloak was snatched away. The Prophet, may Allah bless him and grant him peace, stopped and said, "Give me  back my cloak. If I had had camels as many as these trees, I would have divided them between you and then you will not find me to be a miser, a liar nor a coward."

2980. It is related that Anas ibn Malik said, "I was walking with the Prophet, may Allah bless him and grant him peace, who was wearing a Najrani cloak with a thick hem when a desert Arab caught up to him and pulled it fiercely so that I saw the side of the Prophet's neck, may Allah bless him and grant him peace, was marked by the hem of the cloak due to the intensity of the tugging. Then he said, 'Order for me some of the property of Allah which you have with you!' He turned to him and laughed, and ordered that he be given a gift."

2981. It is related that 'Abdullah said, "On the Day of Hunayn, the Messenger of Allah, may Allah bless him and grant him peace, favoured some people over others in his division of the spoils. He gave al-Aqra' ibn Habis a hundred camels and gave 'Uyayna ibn Hisn the same. He also gave to some of the Arab nobles and favoured them in the division that day. A man said, 'By Allah, this a division which lacks justice and by which the face of Allah is not desired.' I said, 'By Allah, I will inform the Messenger of Allah!' So I went to him and informed him about what the man had said. His face changed colour until it was red and then he said, 'Who will be just if Allah and His Messenger are not just?' Then he said, 'May Allah have mercy on Musa! He was abused more than this and he was patient.'"

2982. It is related that Asma' bint Abi Bakr said, "I used to carry date-stones on my head from the land of az-Zubayr which had been granted to him by the Messenger of Allah, may Allah bless him and grant him peace, and it was two-thirds of a farsakh away."

It is related from Hisham's father that the Prophet, may Allah bless him and grant him peace, granted az-Zubayr a piece of land from the property of the Banu an-Nadir.

2983. It is related from Ibn 'Umar that 'Umar ibn al-Khattab expelled the Jews and Christians from the land of the Hijaz. When the Messenger of Allah, may Allah bless him and grant him peace, conquered Khaybar, he wanted to remove the Jews from it. When he conquered it, the land was for Allah and His Messenger, may Allah bless him and grant him peace, and the Muslims. He wanted to remove the Jews from it and the Jews asked the Messenger of Allah, may Allah bless him and grant him peace, to let them remain there and they would do the work on it and have half of the fruits. The Messenger of Allah, may Allah bless him and grant him peace, said to them, "We will let you remain in that as long as we wish," and they remained there until 'Umar expelled them to Tayma' and Ariha'.

XX: Food which is taken from the land of the enemy

2984. It is related that 'Abdullah ibn Mughaffal said, "While we were laying siege to the fortress of Khaybar, someone threw a leather bag contained ghee and I rushed to get it. I turned and there was the Prophet, may Allah bless him and grant him peace, and I was embarrassed before him."

2985. It is related that Ibn 'Umar said, "In our expedition we used to get honey and grapes which we would eat and not store up."

2986. It is related that Ibn Abi Awfa was heard to say, "In the days of Khaybar we were afflicted with hunger. On the day of the Battle of Khaybar, we caught and slaughtered domestic donkeys, and when the pots were boiling, the proclaimer of the Messenger of Allah, may Allah bless him and grant him peace, announced, 'Turn over the pots and do not eat any of the meat of the donkeys.'" 'Abdullah said, "We said, 'The Prophet, forbade them because the khumus had not been taken from them.'" He said, Others said, 'He has made them absolutely unlawful.' I asked Sa'id ibn al-Jubayr who said, 'He has made them absolutely unlawful.'"