Azami 9056

Abu Dawud (3010) narrated it from Rabi bin Sulayman the muezzin, who said, Assad bin Musa told us, Yahya bin Zakariya told us, Sufyan told me, from Yahya bin Saeed, from Bashir bin Yasar, from Sahl bin Abu Hathma, and he related it. Its chain of transmission is sahih, except that there is disagreement regarding Yahya bin Saeed, who is the Ansari. Sufyan narrated it from him, from Bashir bin Yasar, from Sahl bin Abu Hathma. Abu Shihab narrated it from him, from Bashir bin Yasar, that he heard a group of the Prophet's companions ﷺ say, and he related this hadith, saying, half was the shares of the Muslims, and the share of the Messenger of Allah ﷺ, and the other half was set aside for the Muslims for whatever matters and emergencies befell him.Muhammad bin Fudayl narrated it from him, from Bashir bin Yasar, the freedman of the Ansar, from men among the companions of the Prophet ﷺ, that when the Messenger of Allah ﷺ prevailed over Khaybar, he divided it into thirty-six shares, each share comprising a hundred portions. Half of that belonged to the Messenger of Allah ﷺ himself and to the Muslims, and the remaining half was set aside for whoever came to him among delegations and for matters and emergencies affecting people.Abu Khalid, that is Sulayman bin Hayan, narrated it from him, from Bashir bin Yasar, as a mursal report, saying, when Allah granted His Prophet ﷺ Khaybar as spoils, he divided it into thirty-six shares, each share comprising a hundred portions. He set aside half of it for his emergencies and whatever befell him, namely Wateeha and Kateeba and whatever was annexed with them, and he set aside the other half, dividing it among the Muslims, namely Shiqq and Nataa and whatever was annexed with them. The share of the Messenger of Allah ﷺ was among what was annexed with them.Likewise Sulayman bin Bilal narrated it from him, from Bashir bin Yasar, as a mursal report, that when Allah granted the Messenger of Allah ﷺ Khaybar as spoils, he divided it into thirty-six shares combined, setting aside for the Muslims the half, eighteen shares, each share comprising a hundred, the Prophet ﷺ joining with them, having a share like the share of one of them. The Messenger of Allah ﷺ set aside eighteen shares, which was the other half, for his emergencies and whatever befell him of the affairs of the Muslims, and that consisted of Wateeh, Kateeba, and Salalim and what was attached to them. When these properties came into the hands of the Prophet ﷺ and the Muslims, they had no workers to manage the labor for them, so the Messenger of Allah ﷺ called upon the Jews and made an agreement with them to work it.All these paths of transmission were narrated by Abu Dawud, and they do not undermine its being traced back to the Prophet, but rather they explain it. When these narrations and others are brought together, it becomes clear how the spoils of Khaybar were divided. Khattabi points to this in his statement, in this is a point of jurisprudence, that when land is taken as spoils it is divided just as goods and movable property are divided, there being no difference between it and other kinds of wealth. What is apparent regarding the matter of Khaybar is that the Messenger of Allah ﷺ conquered it by force, and if he conquered it by force then it is spoils of war, and if it becomes spoils then his share of the spoils is only a fifth of the fifth, which is his portion that Allah Most High named in His saying, "And know that whatever spoils of war you may acquire, a fifth of it is for Allah, and for the Messenger, and for the near relatives, orphans, and needy travelers" [Anfal 8:41]. So how could he have half of it altogether, spending it on his needs and emergencies, according to the apparent meaning of what has come in the hadith?I say, meaning Khattabi, this only appears problematic to one who does not trace through the various reports narrated about the conquests of Khaybar so as to gather and arrange them. Whoever does that, the correctness of this division becomes clear in a way that leaves no confusion about its meaning. The explanation of that is that Khaybar had villages and estates outside it, among them Wateeha, Kateeba, Shiqq, Nataa, Salalim, and other named places. Some of it was taken as spoils, being what the Messenger of Allah ﷺ overcame if its way was division, and some of it remained as fay, land over which no horse or camel had been driven in battle, and this was reserved specially for the Messenger of Allah ﷺ, who disposed of it wherever Allah Most High showed him fit according to his need, his emergencies, and the interests of the Muslims. They looked at the total sum of all of that, and the division came out equal at half and half. Zuhri explained this.As for the hadith of Zuhri, it is what Abu Dawud (3016) and others also narrated as a mursal report from Muhammad bin Ishaq, from Zuhri and Abdullah bin Abu Bakr and one of the sons of Muhammad bin Maslama, who said, a remnant of the people of Khaybar remained who had fortified themselves, and they asked the Messenger of Allah ﷺ to spare their lives and let them go, and he did so. The people of Fadak heard of this and came down on the same terms. This became specially for the Messenger of Allah ﷺ, because no horse or camel had been driven against it in battle.Malik also narrated it from Zuhri, that Saeed bin Musayab informed him, that the Messenger of Allah ﷺ conquered part of Khaybar by force.Abu Dawud said, it was read to Harith bin Miskin, and I was present, Ibn Wahb informed you, Malik told me, from Ibn Shihab, that part of Khaybar was taken by force and part by treaty, and Kateeba was mostly taken by force, though there was treaty in it too. I said to Malik, what is Kateeba? He said, the land of Khaybar, and it is forty thousand date clusters.Yunus bin Yazid narrated it from Ibn Shihab, who said, the Messenger of Allah ﷺ took a fifth from Khaybar, then divided the rest among those who were present at it and those who were absent from it among the people of Hudaybiya. These mursal reports are strengthened by the marfu hadiths.Waqidi said, the Jews moved to the fortress of Zubayr, an impregnable stronghold atop a hill, and the Messenger of Allah ﷺ remained there three days. Then a man from the Jews called Azzal came and said, "O Abu Qasim, even if you stayed a month they would not care, for they have drinking water and springs underground, and they come out at night and drink from them, then return to their fortress and hold out against you. But if you cut off their water source, they will come out into the open for you." So the Messenger of Allah ﷺ went to their water and cut it off from them. When it was cut off from them, they came out and fought most fiercely. A few of the Muslims were killed, and about ten of the Jews were struck down, and the Messenger of Allah ﷺ conquered it.Then the Messenger of Allah ﷺ moved on to the people of Kateeba, Wateeh, and Salalim, the fortress of Ibn Abu Huqayq, and its people fortified themselves most fiercely, and every fleeing remnant that had been routed from Nataa and Shiqq came to join them. For Khaybar had two sides, the first being Shiqq and Nataa, which he had conquered first, and the second side being Kateeba, Wateeh, and Salalim. They refused to come out of their forts until the Messenger of Allah ﷺ resolved to set up the catapult against them. When they became certain of destruction, the Messenger of Allah ﷺ having besieged them for fourteen days, they asked the Messenger of Allah ﷺ for a peace treaty. Ibn Abu Huqayq sent to the Messenger of Allah ﷺ saying, "Shall I come down and speak with you?" The Messenger of Allah ﷺ said, "Yes." So Ibn Abu Huqayq came down and made peace with the Messenger of Allah ﷺ on the condition of sparing the lives of the fighters in their forts and leaving their offspring to them, that they would leave Khaybar and its land with their families, and that they would hand over to the Messenger of Allah ﷺ whatever wealth and land they had, along with the gold, the silver, the horses, and the weapons, except a garment on a person's back.The Messenger of Allah ﷺ said, "The covenant of Allah and His Messenger is released from you if you conceal anything from me." So they made peace with him on that basis.However, Hafiz bin Qayyim holds, in his Zad (3/328–329), and before him Hafiz bin Abdul-Barr in Durar, page 214, that all of Khaybar was conquered by force, and that the Messenger of Allah ﷺ took control of all its land by the sword through conquest. Had any part of it been conquered by treaty, the Messenger of Allah ﷺ would not have exiled them from it, for when he resolved to remove them from it, they said, "We know the land better than you, let us remain in it and cultivate it for you in exchange for half of what it produces." This is entirely explicit that it was conquered by force. War, single combat, and killing occurred between the Jews and the Muslims on both sides, as is well known, but when they were forced back into their fortress, they came down on the peace terms mentioned, that the Messenger of Allah ﷺ would have the gold, the silver, the weapons and arms, while they would keep their lives and their offspring and be exiled from the land. This was the peace agreement, and there was no peace agreement between them that any part of the land of Khaybar would belong to the Jews, nor did that happen at all. Had it been so, he would not have said, "We will let you remain as long as we wish," for how could he let them remain on their land for as long as he wished? And when Umar exiled all of them from the land, he did not make peace with them either on the basis that the land belonged to the Muslims with a land tax to be taken from them, this did not occur, for he never imposed a land tax on Khaybar at all.So the correct view, about which there is no doubt, is that it was conquered by force, and the Imam has the choice regarding land conquered by force between dividing it and endowing it as waqf, or dividing part of it and endowing part as waqf. The Messenger of Allah ﷺ did all three of these, for he divided Qurayza and Nadir, did not divide Makkah, and divided half of Khaybar while leaving the other half undivided.This is the end of the words of Hafiz bin Qayyim.