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Text and translation
English translation
3332. Āšim bin Kulaib narrated from his father that an Anṣārī man said: “We attended a funeral with the Messenger of Allāh ﷺ and I saw the Messenger of Allāh ﷺ by the graveside, instructing the gravedigger: ‘Make it wide by his feet and make it wide by his head.’ When he came back, he was met by a man who brought an invitation from a woman. He came, and the food was served, and he put out his hand, and the people put out their
hands and ate. Our fathers saw the Messenger of Allāh ﷺ chewing a morsel in his mouth, then he said: 'Is it not the meat of a sheep that was taken without its owners' permission.' The woman sent word saying: 'O Messenger of Allāh, I sent (someone) to Al-Baqī' to buy a sheep for me, but I could not find one. So I sent word to a neighbor of mine who had bought a sheep, (saying) to send it to me in return for its price, but he could not be found. So I sent word to his wife, and she sent it to me.' The Messenger of Allāh ﷺ said: 'Feed it to the captives.'" (Sahīh)
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Commentary
Since it was implied that the wife had sold the sheep without her husband's permission, then it appeared that the sheep that was purchased by the host was sold to her without the permission of its rightful owner, the seller's husband. And since it had already been slaughtered and prepared – and it being unlawfully sold was only realized or learned about after it was purchased and prepared – then it was given as charity in a lawful category for expenditure of Zakāt, that being prisoners of war – who were non-Muslims – rather than it being wasted. When similar conditions are present, then it is advised to give that wealth in charity after it is known to be such wealth. And it is apparent that even up to the time of eating the meat, the husband had not approved of his wife selling the sheep, hence the author listing this narration in the chapter related to matters that lead to doubt.
