He said, "I am only telling you what I heard the Messenger of Allah ﷺ say on the day of Hunayn. He said, 'It is not lawful for a man who believes in Allah and the Last Day to water another's crop with his own water,'" meaning intercourse with pregnant captive women, "'and it is not lawful for a man who believes in Allah and the Last Day to have intercourse with a woman from the captives until he has ascertained that she is not pregnant, and it is not lawful for a man who believes in Allah and the Last Day to sell any portion of the spoils of war until it has been divided.'"
أما إني لا أقول لكم إلا ما سمعت رسول الله ﷺ يقول يوم حنين قال: لا يحل لامرئ يؤمن بالله واليوم الآخر أن يسقي ماءه زرع غيره. يعنى إتيان الحبالي. ولا يحل لامرئ يؤمن بالله واليوم الآخر أن يقع على امرأة من السبي حتى يستبرئها، ولا يحل لامرئ يؤمن بالله واليوم الآخر أن يبيع مغنما حتى يقسم.
Reported by Abu Dawud (2158, 2708), Ahmad (16997), and Darimi (2520), all from the hadith of Ibn Ishaq, who said, Yazid bin Abu Habib narrated to me, from Abu Marzuq the mawla of Tujib, from Hanash Sanani, from Ruwayfi bin Thabit, and he mentioned it. Its isnad is hasan because of Muhammad bin Ibrahim... rather, because of Muhammad bin Ishaq, for he is a mudallis, except that he stated clearly that he heard it directly. It has also been corroborated, though only partially. Ibn Hibban reported it in his Sahih (4850), and Bayhaqi (9/62), both through the route of Ibn Wahb, from Yahya bin Ayub, from Rabia bin Sulaym Tujibi, from Hanash, with a similar isnad, containing some additional wording. Tirmidhi (1131) reported it in abbreviated form with this isnad, except that he put Busr bin Ubaydullah in place of "Hanash bin Abdullah." He said, "This is a hasan hadith, and it has been narrated through more than one route from Ruwayfi bin Thabit."Abu Marzuq is Habib bin Shahid. In Taqrib, he said, "Trustworthy," naming him thus, "Habib bin Shahid." And in the biography of Rabia bin Sulaym, he said he is Abu Marzuq, one of the narrators of Tirmidhi only, and said, "Acceptable." I think this is something that became confused for Hafiz, in that Abu Marzuq is one of the narrators of Abu Dawud and Tirmidhi, as he stated in his section on kunyas. For this Rabia is not the same as Abu Marzuq, and he added to it by saying, "or Abu Abdul-Rahman," and this is the correct view.On this subject there is also a report from Abu Umama that the Prophet ﷺ forbade, on the day of Khaybar, that the shares be sold before they were divided. Darimi (2519) and Tabarani in Al-Kabir (8/130) reported it, both through the route of Hammad bin Usama, from Abdul-Rahman bin Yazid bin Jabir, from Makhul and Qasim, from Abu Umama, and he mentioned it. Hammad bin Usama erred in naming his shaykh, for he is actually Abdul-Rahman bin Yazid bin Tamim, not Abdul-Rahman bin Yazid bin Jabir. Abdul-Rahman bin Yazid bin Tamim Sulami Dimashqi is daif according to the majority of the scholars, so much so that Bukhari said, "He has munkar narrations." Whoever did not notice this error graded the hadith sahih based on its apparent isnad, since Abdul-Rahman bin Yazid bin Jabir is trustworthy and one of the narrators found in the sahih collections. Among those deceived by the apparent isnad was Haythami, who said, "Its narrators are the narrators of the sahih collections" (see Majma al-Zawaid). Also, Makhul did not hear from Abu Umama, he only saw him, but Qasim corroborated him.On this subject there is also what has been reported from Abu Saeed Khudri, who said, the Messenger of Allah ﷺ forbade the purchase of what is in the wombs of livestock until it is born, and what is in their udders except by measure, and the purchase of a slave who is a runaway, and the purchase of war spoils before they are divided, and the purchase of charity funds before they are received, and the "diver's strike." Tirmidhi (1563), Ibn Majah (2196), Ahmad (11377), Daraqutni (3/15), and Bayhaqi (5/338) all reported it, from the hadith of Jahdam bin Abdullah Yamami, from Muhammad bin Ibrahim Bahili, from Muhammad bin Zayd Abdi, from Shahr bin Hawshab, from Abu Saeed, and he mentioned it. Tirmidhi mentioned it in abbreviated form, saying, "He forbade the purchase of war spoils before they are divided." Tirmidhi said, "This is a gharib hadith."I say, Jahdam bin Abdullah Yamami is trustworthy in himself, except that he narrates from unknown narrators, and this is one such case, for his shaykh Muhammad bin Ibrahim Bahili is "unknown," as Abu Hatim said. Then his shaykh Muhammad bin Zayd Abdi, if he is Ibn Abu Qalus, is "acceptable," meaning if corroborated, otherwise his hadith is weak, and if he is someone else, he is "unknown," as Ibn Hajar said in Taqrib. Bayhaqi declared this isnad daif, saying, "These prohibitions, even though found in this hadith with an isnad that is not strong, fall under the sale involving gharar, which was forbidden in the hadith established from the Messenger of Allah ﷺ."Likewise, what is reported from Abu Hurairah is not sahih, that he said, the Messenger of Allah ﷺ forbade the sale of war spoils before they are divided, and the sale of palm trees before they are secured from every calamity, and that a man pray without a waist wrap. Abu Dawud (3369) and Bayhaqi (2/240), in abbreviated form, both reported it from the hadith of Shuba, from Yazid bin Khumayr, from a mawla of Quraysh, from Abu Hurairah, and he mentioned it. In it there is a man who was not named.I say, on this subject there are other hadiths forbidding the sale of war spoils before they are divided, and the sahih one among them is the one I have mentioned. And success comes from Allah.