150 - Chapter on Women and Slaves Being Given a Share of the Spoils

2727 - Maḥbūb ibn Mūsā Abū Ṣāliḥ narrated to us, Abū Isḥāq al-Fazārī narrated to us, from Zāʾidah, from al-Aʿmash, from al-Mukhtār ibn Ṣayfī, from Yazīd ibn Hurmuz, who said:

Najdah wrote to Ibn ʿAbbās asking him about such-and-such and other matters, and about the slave: does he have a share in the fayʾ? And about women: did they used to go out with the Prophet ﷺ?

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= It was also recorded by al-Khaṭīb in "Mūḍiḥ Awhām al-Jamʿ wa-l-Tafrīq" 2/5, and al-Mizzī in his biography of Ḥabīb ibn Abī Mulaykah from "Tahdhīb al-Kamāl" 5/401-402, via the chain of Abū Isḥāq al-Fazārī with this isnād.

It was also recorded by al-Ṭaḥāwī in "Sharḥ Mushkil al-Āthār" (5774) and in "Sharḥ Maʿānī al-Āthār" 3/244, and by al-Ṭabarānī in "al-Awsaṭ" (8494), via the chain of ʿAbd al-Wāḥid ibn Ziyād, from Kulayb ibn Wāʾil, with it. The name of ʿAbd al-Wāḥid was omitted from the printed edition of "al-Mushkil" and we restored it from "Sharḥ al-Maʿānī."

It was also recorded by Ibn Abī Shaybah 12/46-47, Ibn Ḥibbān (6909), and al-Mizzī in his biography of Ḥabīb from "Tahdhīb al-Kamāl" via the chain of Zāʾidah ibn Qudāmah, and by al-Ḥākim 3/98 via the chain of Muʿtamir ibn Sulaymān — both from Kulayb ibn Wāʾil, from Ḥabīb ibn Abī Mulaykah, from Ibn ʿUmar. They did not mention Hānīʾ ibn Qays in the chain, and al-Mizzī did not address this matter at all. However, Kulayb explicitly stated that he heard it from Ḥabīb in the narration of Muʿtamir!

Al-Bukhārī (3130) recorded via the chain of ʿUthmān ibn Mawhab, from Ibn ʿUmar, who said: ʿUthmān only stayed behind from Badr because he had the daughter of the Messenger of Allah ﷺ under his care, and she was ill. The Prophet ﷺ said to him: "You have the reward of a man who witnessed Badr, and his share." It is also in "Musnad Aḥmad" (5772).

Al-Khaṭṭābī said: This is specific to ʿUthmān, may Allah be pleased with him, because he was tending to the daughter of the Messenger of Allah ﷺ. This is the meaning of his saying: "the need of Allah and the need of His Messenger" — meaning thereby ʿUthmān's need in regard to the right of Allah and the right of His Messenger. This is like His saying, exalted is He: {Indeed, your messenger who was sent to you is mad} [al-Shuʿarāʾ: 27] — rather, he is Allah's Messenger to them.

Whoever uses this as evidence for the obligation of giving a share to one who joins the army before the division of spoils is not correct, because ʿUthmān, may Allah be pleased with him, was in Medina, and this proponent does not give a share to one who was in the garrison city. Thus there is no basis for his inference in this.