Sahih al-Bukhari

Hadith 2733

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Sahih al-Bukhari · Hadith 2733

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Al-Mukātab (i.e., the slave who is given the writing of emancipation for a certain sum) and about the invalidity of those conditions which contradict Allāh's Laws.

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Darussalam · Volume 3

54 - THE BOOK OF CONDITIONS

Sahih al-Bukhari Darussalam English translation

Arabic source
Shamela Arabic edition (opens in a new tab)

الجزء: 3 ¦ الصفحة: 193

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English translation

2733. Narrated Az-Zuhri: 'Urwa said,"Aishah told me that Allah's Messenger ﷺused to examine the women emigrants. Wehave been told also that when Allah تعالىrevealed the order that the Muslims shouldreturn to the Mushrikun (polytheists,idolaters, pagans) what they had spent ontheir wives who emigrated (after embracingIslam) and that the Muslims should not keepdisbelieving women as their wives, 'Umardivorced two of his wives, Qariba, thedaughter of Abu Umaiyya and the daughterof Jarwal Al-Khuzai. Later on Mu'awiyamarried Qariba and Abu Jahm married theother." When the Mushrikun refused to pay whatthe Muslims had spent on their wives, Allahتعالى revealed: "And if any of your wives had gone fromyou to the disbelievers ...." (V.60:11) So, Allah ordered that the Muslim whosewife has gone, should be given, as acompensation of the Mahr he had given tohis wife, from the Mahr of the wives of theMushrikun who had emigrated deserting theirhusbands. supporters.” When Abū Baṣir heard that he understood that the Prophet ﷺ would return him to them again, so he set out and left till he reached the seashore. Abū Jandal bin Suhail got himself released from them (i.e., infidels) and joined Abū Baṣir. So, whenever a man from Quraish embraced Islam he would follow Abu Baṣir till they formed a strong group. By Allāh, whenever they heard about a caravan of Quraish heading towards Sham, they stopped it and attacked and killed them (i.e., infidels) and took their properties. The people of Quraish sent a message to the Prophet ﷺ requesting him for the sake of Allāh and kith and kin to send for (i.e., Abū Baṣir and his companions) promising that whoever (amongst them) came to the Prophet ﷺ would be secure. So the Prophet ﷺ sent for them (i.e., Abū Baṣir’s companions) and Allāh تعالى revealed the following Divine Verses: “And it is He Who has withheld their hands from you and your hands from them in the midst of Makkah, after He made you victors over them.. (up to).. pride and haughtiness, the pride and haughtiness of the time of ignorance.” (V.48:24-26) And their pride and haughtiness was that they did not confess (write in the treaty) that he (i.e., Muḥammad ﷺ) is the Prophet of Allāh and refused to write: “In the Name of Allāh, the Most Gracious, the Most Merciful,” and prevented the Muslims from visiting the Ka’bah. there was a danger of killing each other. Then some believing women came (to the Prophet ﷺ); and Allāh تعالى revealed the following Divine Verses: “O you who believe, when the believing women come to you as emigrants examine them... (up to).. the disbelieving women as wives.” (V.60:10) ‘Umar then divorced two wives of his who were infidels. Later on Mu‘āwiya bin Abū Sufyān married one of them, and Ṣafwān bin Umaiyya married the other. When the Prophet ﷺ returned to Al-Madīna, Abū Baṣīr, a new Muslim convert from Quraish came to him. The infidels sent in his pursuit two men who said (to the Prophet ﷺ), “Abide by the promise you gave us.” So, the Prophet ﷺ handed him over to them. They took him out (of the city) till they reached Dhul-Ḥulaifa where they dismounted to eat some dates they had with them. Abū Baṣīr said to one of them, “By Allāh, O so-and-so, I see you have a fine sword.” The other drew it out (of the scabbard) and said, “By Allāh, it is very fine and I have tried it many times.” Abū Baṣīr said, “Let me have a look at it.” When the other gave it to him, he hit him with it till he died, and his companion ran away till he came to Al-Madīna and entered the mosque running. When Allāh’s Messenger ﷺ saw him he said, “This man appears to have been frightened.” When he reached the Prophet ﷺ he said, “My companion has been murdered and I would have been murdered too.” Abū Baṣīr came and said, “O Allāh’s Messenger, by Allāh, Allāh has made you fulfil your obligations by your returning me to them (i.e., the infidels), but Allāh has saved me from them.” The Prophet ﷺ said, “Woe to his mother! what an excellent war kindler he would be, should he only have Tawāf around it? He said, 'Yes, but did I tell you that we would visit the Ka'bah this year?' I said, 'No.' He said, 'So you will visit it and perform Tawāf around it' " Umar further said, "I went to Abū Bakr and said, 'O Abū Bakr! Isn't he truly Allāh's Prophet?' He replied, 'Yes.' I said, Isn't our cause just and the cause of our enemy unjust?' He replied, 'Yes.' I said, 'Then why should we be humble in our religion?' He said, 'Indeed, he is Allāh's Messenger and he does not disobey his Lord, and He will make him victorious. Adhere to him as, by Allāh, he is on the right.' I said, 'Was he not telling us that we would go to the Ka'bah and perform Tawāf around it?' He said, 'Yes, but did he tell you that you would go to the Ka'bah this year?' I said, 'No.' He said, 'You will go to Ka'bah and perform Tawāf around it.'" (Az-Zuhri said, "Umar said, 'I performed many good deeds as expiation for the improper questions I asked them'.") When the writing of the peace treaty was concluded, Allāh's Messenger ﷺ said to his companions, "Get up and slaughter your sacrifices and get your head shaved." By Allāh none of them got up, and the Prophet ﷺ repeated his order thrice. When none of them got up, he left them and went to Umm Salama and told her of the people's attitudes towards him. Umm Salama said, "O the Prophet of Allāh! Do you want your order to be carried out? Go out and don't say a word to anybody till you have slaughtered your sacrifice and call your barber to shave your head." So, the Prophet ﷺ went out and did not talk to anyone of them till he did that, i.e., slaughtered the sacrifice and called his barber who shaved his head. Seeing that, the companions of the Prophet ﷺ got up, slaughtered their sacrifices, and started shaving the heads of one another, and there was so much rush that Prophet ﷺ said to Suhail, "On the condition that you allow us to visit the House (i.e., Ka'bah) so that we may perform Tawāf around it." Suhail said, "By Allāh, we will not (allow you this year) so as not to give chance to the 'Arabs to say that we have yielded to you, but we will allow you next year." So, the Prophet ﷺ got that written. Then Suhail said, "We also stipulate that you should return to us whoever comes to you from us, even if he embraced your religion." The Muslims said, "Glorified be Allāh! How will such a person be returned to the Mushrikūn (polytheists, idolaters, pagans) after he has become a Muslim?" While they were in this state Abū Jandal bin Suhail bin 'Amr came from the valley of Makkah staggering with his fetters and fell down amongst the Muslims. Suhail said, "O Muḥammad! This is the very first term with which we make peace with you, i.e., you shall return Abū Jandal to me." The Prophet ﷺ said, "The peace treaty has not been written yet." Suhail said, "I will never allow you to keep him." The Prophet ﷺ said, "Yes, do." He said, "I won't do." Mikrāz said, "We allow you (to keep him)." Abū Jandal said, "O Muslims! Will I be returned to the pagans though I have come as a Muslim? Don't you see how much I have suffered?" Abū Jandal had been tortured severely for the Cause of Allāh. 'Umar bin Al-Khaṭṭab said, "I went to the Prophet ﷺ and said, 'Aren't you truly the Messenger of Allāh?' The Prophet ﷺ said, 'Yes, indeed.' I said, 'Isn't our cause just and the cause of the enemy unjust?' He said, 'Yes.' I said, 'Then why should we be humble in our religion?' He said, 'I am Allāh's Messenger and I do not disobey Him, and He will make me victorious.' I said, 'Didn't you tell us that we would go to the Ka'bah and perform Ka'bah." When he returned to his people, he said, "I saw the Budn garlanded (with coloured knotted ropes) and marked (with stabs on their backs). I do not think it is advisable to prevent them from visiting the Ka'bah." Another person called Mikraz bin Ḥaṣf got up and sought their permission to go to Muḥammad ﷺ, and they allowed him, too. When he approached the Muslims, the Prophet ﷺ said, "Here is Mikraz and he is a vicious man." Mikrāz started talking to the Prophet ﷺ and as he was talking, Suhail bin 'Amr came. When Suhail bin 'Amr came, the Prophet ﷺ said, "Now the matter has become easy." Suhail said to the Prophet ﷺ, "Please conclude a peace treaty with us." So, the Prophet ﷺ called the clerk and said to him, "Write: By the Name of Allāh, the Most Gracious, the Most Merciful." Suhail said, "As for 'Gracious,' by Allāh, I do not know what it means. So write: By Your Name O Allāh, as you used to write previously." The Muslims said, "By Allāh, we will not write except: By the Name of Allāh, the Most Gracious, the Most Merciful." The Prophet ﷺ said, "Write: By Your Name O Allāh." Then he dictated, "This is the peace treaty which Muḥammad, the Messenger of Allāh has concluded." Suhail said, "By Allāh, if we knew that you are Allāh's Messenger we would not prevent you from visiting the Ka'bah, and would not fight with you. So, write: "Muḥammad bin 'Abdullāh." The Prophet ﷺ said, "By Allāh! I am Messenger of Allāh even if you people do not believe me. Write: Muḥammad bin 'Abdullāh." (Az-Zuhri said, "The Prophet ﷺ accepted all those things, as he had already said that he would accept everything they would demand if it respects the Ordinance of Allāh, (i.e., by letting him and his companions perform Umra.)" The anything of it. (As it was taken through treason.)” ‘Urwa then started looking at the companions of the Prophet ﷺ. By Allāh, whenever Allāh’s Messenger ﷺ spat, the spittle would fall in the hand of one of them (i.e., the Prophet’s companions) who would rub it on his face and skin; if he ordered them they would carry his orders immediately; if he performed ablution, they would struggle to take the remaining water; and when they spoke to him, they would lower their voices and would not look at his face constantly out of respect. ‘Urwa returned to his people and said, “O people! By Allāh, I have been to the kings and to Caesar, Khosrau and An-Najāshī, yet I have never seen any of them respected by his courtiers as much as Muḥammad (ﷺ) is respected by his companions. By Allāh, if he spat, the spittle would fall in the hand of one of them (i.e., the Prophet’s companions) who would rub it on his face and skin; if he ordered them, they would carry out his order immediately; if he performed ablution, they would struggle to take the remaining water; and when they spoke, they would lower their voices and would not look at his face constantly out of respect.” ‘Urwa added, “No doubt, he has presented to you a good reasonable offer, so please accept it.” A man from the tribe of Banī Kināna said, “Allow me to go to him,” and they allowed him, and when he approached the Prophet ﷺ and his companions, Allāh’s Messenger ﷺ said, “He is so-and-so who belongs to the tribe that respects the Budn (i.e., camels of the sacrifice). So, bring the Budn in front of him.” So, the Budn were brought before him and the people received him while they were reciting Talbīya. When he saw that scene, he said, “Glorified be Allāh! It is not fair to prevent these people from visiting the proposal, you'd better accept it and allow me to meet him." They said, "You may meet him." So, he went to the Prophet ﷺ and started talking to him. The Prophet ﷺ told him almost the same as he had told Budail. Then 'Urwa said, "O Muḥammad! Won't you feel any scruple in extirpating your relations? Have you ever heard of anyone amongst the Arabs extirpating his relatives before you? On the other hand, if the reverse should happen, (nobody will aid you, for) by Allāh, I do not see (with you) dignified people, but people from various tribes who would run away leaving you alone." Hearing that, Abū Bakr abused him and said, "Do you say we would run and leave the Prophet ﷺ alone?" 'Urwa said, "Who is that man?" They said, "He is Abū Bakr." 'Urwa said to Abū Bakr, "By Him in Whose Hands my soul is, were it not for the favour which you did to me and which I did not compensate, I would retort on you." 'Urwa kept on talking to the Prophet ﷺ and seizing the Prophet's beard as he was talking while Al-Mughīra bin Shu'ba was standing near the head of the Prophet ﷺ, holding a sword and wearing a helmet. Whenever 'Urwa stretched his hand towards the beard of the Prophet ﷺ, Al-Mughīra would hit his hand with the handle of the sword and say (to 'Urwa), "Remove your hand from the beard of Allāh's Messenger ﷺ." 'Urwa raised his head and asked, "Who is that?" The people said, "He is Al-Mughīra bin Shu'ba." 'Urwa said, "O treacherous! Am I not doing my best to prevent evil consequences of your treachery?" Before embracing Islām Al-Mughīra was in the company of some people. He killed them and took their property and came (to Al-Madīna) to embrace Islām. The Prophet ﷺ said (to him), "As regards your Islām, I accept it, but as for the property I do not take Hudaibiya and they had milch camels (or their women and children) with them, and will wage war against you, and will prevent you from visiting the Ka'bah." Allāh's Messenger ﷺ said, "We have not come to fight anyone, but to perform the Umra. No doubt, the war has weakened Quraish and they have suffered great losses, so if they wish, I will conclude a truce with them, during which they should refrain from interfering between me and the people (i.e., the Arab infidels other than Quraish), and if I have victory over those infidels, Quraish will have the option to embrace Islām as the other people do, if they wish; they will at least get strong enough to fight. But if they do not accept the truce, by Allāh in Whose Hands my soul is, I will fight with them defending my Cause till I get killed, but (I am sure) Allāh will definitely make His Cause victorious." Budail said, "I will inform them of what you have said." So, he set off till he reached Quraish and said, "We have come from that man (i.e., Muḥammad ﷺ) whom we heard saying something which we will disclose to you if you should like." Some of the fools among Quraish shouted that they were not in need of this information, but the wiser among them said, "Relate what you heard him saying." Budail said, "I heard him saying so and so," relating what the Prophet ﷺ had told him. Urwa bin Mas'ūd got up and said, "O people! Aren't you the sons?" They said, "Yes." He added, "Am I not the father?" They said, "Yes." He said, "Do you mistrust me?" They said, "No." He said, "Don't you know that I invited the people of 'Ukāz for your help, and when they refused I brought my relatives and children and those who obeyed me (to help you)?" They said, "Yes." He said, "Well, this man (i.e., the Prophet ﷺ) has offered you a reasonable on the right.” By Allāh, Khālid did not perceive the arrival of the Muslims till the dust arising from the march of the Muslim army reached him, and then he turned back hurriedly to inform Quraish. The Prophet ﷺ went on advancing till he reached the Ḥāḍiya (i.e., a mountainous way) through which one would go to them (i.e., people of Quraish). The she-camel of the Prophet ﷺ sat down. The people tried their best to cause the she-camel to get up but in vain, so they said, Al-Qaṣwā’ (i.e., the she-camel’s name) has become stubborn! Al-Qaṣwā’ has become stubborn!” The Prophet ﷺ said, “Al-Qaṣwā’ has not become stubborn, for stubbornness is not her habit, but she was stopped by Him Who stopped the elephant.” Then he said, “By the Name of Him in Whose Hands my soul is, if they (i.e., the Quraish infidels) ask me anything which will respect the Ordinances of Allāh, I will grant it to them.” The Prophet ﷺ then rebuked the she-camel and she got up. The Prophet ﷺ changed his way till he dismounted at the farthest end of Al-Ḥudaibiya at a pit (i.e., well) containing a little water which the people used in small amounts, and in a short while the people used up all its water and complained to Allāh’s Messenger ﷺ of thirst. The Prophet ﷺ took an arrow out of his arrow-case and ordered them to put the arrow in that pit. By Allāh, the water started and continued sprouting out till all the people quenched their thirst and returned with satisfaction. While they were still in that state, Budail bin Warqa Al-Khuẓā’i came with some persons from his tribe Khuẓa’a and they were the advisers of Allāh’s Messenger ﷺ who would keep no secret from him and were from the people of Tihāma. Budail said, “I left Ka’b bin Lu’āi and ‘Āmir bin Lu’āi residing at the profuse water of Al- they are our enemies and the only people whom we suspect, I have made up my mind to exile them." When 'Umar decided to carry out his decision, one of Abū Al-Ḥuqīq's sons came and addressed 'Umar, "O chief of the believers, will you exile us although Muḥammad (ﷺ) allowed us to stay at our places, and made a contract with us about our properties, and accepted the condition of our residence in our land?" 'Umar said, "Do you think that I have forgotten the statement of Allāh's Messenger (ﷺ), i.e.: What will your condition be when you are expelled from Khaibar and your camel will be carrying you night after night?" The Jew replied, "That was a joke from Abul-Qāsim." 'Umar said, "O the enemy of Allāh! You are telling a lie." 'Umar then drove them out and paid them the price of their properties in the form of fruits, money, camel saddles and ropes, etc."

Arabic text

٢٧٣٣ - وَقَالَ عُقَيْلٌ، عَنِ الزُّهْرِيِّ: قَالَ عُرْوَةُ: فَأَخْبَرَتْنِي عَائِشَةُ: أَنَّ رَسُولَ اللهِ ﷺ كَانَ يَمْتَحِنُهُنَّ، وَبَلَغَنَا أَنَّهُ لَمَّا أَنْزَلَ اللهُ تَعَالَى: أَنْ يَرُدُّوا إِلَى الْمُشْرِكِينَ مَا أَنْفَقُوا عَلَى مَنْ هَاجَرَ مِنْ أَزْوَاجِهِمْ، وَحَكَمَ عَلَى الْمُسْلِمِينَ أَنْ لَا يُمَسِّكُوا بِعِصَمِ الْكَوَافِرِ، أَنَّ عُمَرَ طَلَّقَ امْرَأَتَيْنِ قَرِيبَةَ بِنْتَ أَبِي أُمَيَّةَ، وَابْنَةَ جَرْوَلٍ الْخُزَاعِيِّ، فَتَزَوَّجَ قَرِيبَةَ مُعَاوِيَةُ، وَتَزَوَّجَ الْأُخْرَى أَبُو جَهْمٍ، فَلَمَّا أَبَى الْكُفَّارُ أَنْ يُقِرُّوا بِأَدَاءِ مَا أَنْفَقَ الْمُسْلِمُونَ عَلَى أَزْوَاجِهِمْ أَنْزَلَ اللهُ تَعَالَى: ﴿وَإِنْ فَاتَكُمْ شَيْءٌ مِنْ أَزْوَاجِكُمْ إِلَى الْكُفَّارِ فَعَاقَبْتُمْ﴾ وَالْعَقَْبُ مَا يُؤَدِّي الْمُسْلِمُونَ إِلَى مَنْ هَاجَرَتِ امْرَأَتُهُ مِنَ الْكُفَّارِ، فَأَمَرَ أَنْ يُعْطَى مَنْ ذَهَبَ لَهُ زَوْجٌ مِنَ الْمُسْلِمِينَ مَا أَنْفَقَ مِنْ صَدَاقِ نِسَاءِ الْكُفَّارِ اللَّاتِي هَاجَرْنَ، وَمَا نَعْلَمُ أَحَدًا مِنَ الْمُهَاجِرَاتِ ارْتَدَّتْ بَعْدَ إِيمَانِهَا. وَبَلَغَنَا أَنَّ أَبَا بَصِيرِ بْنَ أَسِيدٍ الثَّقَفِيَّ قَدِمَ عَلَى النَّبِيِّ ﷺ مُؤْمِنًا مُهَاجِرًا فِي الْمُدَّةِ، فَكَتَبَ الْأَخْنَسُ بْنُ شَرِيقٍ إِلَى النَّبِيِّ ﷺ يَسْأَلُهُ أَبَا بَصِيرٍ، فَذَكَرَ الْحَدِيثَ.

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