Tribute, spoils, and rulership (kitab al-kharaj, wal-fai' wal-imarah) - محصورات اراضی اور امارت سے متعلق احکام و مسائل - Book 20 of Sunnan Abu Dawood with Urdu and English Translation

Narrated Saburah ibn Mabad al-Juhani: The Prophet صلی ‌اللہ ‌علیہ ‌وسلم alighted at a place where a mosque has been built under a large tree. He tarried there for three days, and then proceeded to Tabuk. Juhaynah met him on a wide plain. He asked them: who are the people of Dhul-Marwah? They replied: Banu Rifaah of Juhaynah. He said: I have given this (land) to Banu Rifaah as a fief. Therefore, they divided it. Some of them sold (their share) and others retained and worked on it. (Sub-narrator Ibn Wahab said: I then asked Abdul Aziz about this tradition. He narrated a part of it to me and did not narrate it in full.

Narrated Asma daughter of Abu Bakr: The Messenger of Allah صلی ‌اللہ ‌علیہ ‌وسلم assigned to az-Zubayr palm-trees as a fief.

Narrated Qaylah bint Makhramah: Abdullah ibn Hasan al-Anbari said: My grandmothers, Safiyyah and Duhaybah, narrated to me, that hey were the daughters of Ulaybah and were nourished by Qaylah, daughter of Makhramah. She was the grandmother of their father. She reported to them, saying: We came upon the Messenger of Allah صلی ‌اللہ ‌علیہ ‌وسلم. My companion, Hurayth ibn Hassan, came to him as a delegate from Bakr ibn Wail. He took the oath of allegiance of Islam for himself and for his people. He then said: Messenger of Allah صلی ‌اللہ ‌علیہ ‌وسلم, write a document for us, giving us the land lying between us and Banu Tamim at ad-Dahna' to the effect that not one of them will cross it in our direction except a traveller or a passer-by. He said: Write down ad-Dahna' for them, boy. When I saw that he passed orders to give it to him, I became anxious, for it was my native land and my home. I said: Messenger of Allah, he did not ask you for a true border when he asked you. This land of Dahna' is a place where the camels have their home, and it is a pasture for the sheep. The women of Banu Tamim and their children are beyond it. He said: Stop, boy! A poor woman spoke the truth: a Muslim is a brother of a Muslim. Each one of them may benefit from water and trees, and they should cooperate with each other against Satan.

Narrated Asmar ibn Mudarris: I came to the Prophet صلی ‌اللہ ‌علیہ ‌وسلم, and took the oath of allegiance to him. He said: If anyone reaches a water which has not been approached before by any Muslim, it belongs to him. The people, therefore, went out running and marking (on the land).

Narrated Abdullah ibn Umar: The Prophet صلی ‌اللہ ‌علیہ ‌وسلم gave az-Zubayr the land as a fief up to the reach of his horse when he runs. He, therefore, made his horse run until it stopped. He then threw his flog. Thereupon he said: Give him (the land) up to the point where his flog has reached.

Narrated Saeed ibn Zayd: The Prophet صلی ‌اللہ ‌علیہ ‌وسلم said: If anyone brings barren land into cultivation, it belongs to him, and the unjust vein has no right.

Narrated Urwah: The Prophet صلی ‌اللہ ‌علیہ ‌وسلم said: If anyone brings barren land into cultivation, it belong to him. He then transmitted a similar tradition mentioned above (No. 3067). He (Urwah) said: One who transmitted this tradition to me said that two persons brought their dispute to the Messenger of Allah صلی ‌اللہ ‌علیہ ‌وسلم. One of them grew palm trees in the land of the other. He decided to return the land to its owner of the palm-trees to remove his palm-trees. He said: I saw when their roots were being struck with axes. The trees were fully grown up, but they were removed from there.

The tradition mentioned above has also been transmitted by Ibn Ishaq through a different chain of narrators and to the same effect. Instead of the phrase “one who transmitted this tradition to me” this version has “A man from among the Companions of the Prophet صلی ‌اللہ ‌علیہ ‌وسلم and probably he was Abu Saeed Al Khudri. I saw the man striking at the roots of the palm trees. ”

Narrated Urwah: I testify that the Messenger of Allah صلی ‌اللہ ‌علیہ ‌وسلم decided that the land is the land of Allah, and the servants are the servants of Allah. If anyone brings barren land into cultivation, he has more right to it. This tradition has been transmitted to us from the Prophet صلی ‌اللہ ‌علیہ ‌وسلم by those who transmitted the traditions about prayer from him.

Narrated Samurah: The Prophet صلی ‌اللہ ‌علیہ ‌وسلم said: If anyone surrounds a land with a wall, it belongs to him.

Hisham said “The unjust vein means that a man implants a tree in the land of another man so that they may be entitled to it. Malik said “The unjust vein means that a man takes (a thing) digs a pit and implants a tree without (his) right.

Abu Humaid Al Saeedi said “I went to Tabuk on an expedition along with the Messenger of Allah صلی ‌اللہ ‌علیہ ‌وسلم. When he reached Wadi Al Qura, he found a woman in her garden. The Messenger of Allah صلی ‌اللہ ‌علیہ ‌وسلم said to his Companions “Assess (the quantity o fruits). The Messenger of Allah صلی ‌اللہ ‌علیہ ‌وسلم assessed ten wasqs. ” He said to the woman “Count the produce of it. We then came to Tabuk. ” The monarch of Ailah presented a white mule as a gift to the Messenger of Allah صلی ‌اللہ ‌علیہ ‌وسلم. He presented a cloak as a gift o him and wrote a document for his land at sea coast. When we came to Wadi Al Qura he said to the woman “How much is the produce of your garden?” She replied “Ten wasqs which the Messenger of Allah صلی ‌اللہ ‌علیہ ‌وسلم had assessed. ” The Messenger of Allah صلی ‌اللہ ‌علیہ ‌وسلم said “I am going quickly to Madeenah if any of you intend to go quickly with me, he should make haste. ”

Narrated Zaynab: She was picking lice from the head of the Messenger of Allah صلی ‌اللہ ‌علیہ ‌وسلم while the wife of Uthman ibn Affan and the immigrant women were with him. They complained about their houses that they had been narrowed down to them and they were evicted from them. The Messenger of Allah صلی ‌اللہ ‌علیہ ‌وسلم ordered that the houses of the Immigrants should be given to their wives. Thereafter Abdullah ibn Masud died, and his wife inherited his house in Madina.

Narrated Muadh ibn Jabal: He who put the necklace of jizyah in his neck abandoned the way followed by the Messenger of Allah صلی ‌اللہ ‌علیہ ‌وسلم.

Narrated Abud Darda: The Prophet صلی ‌اللہ ‌علیہ ‌وسلم said: If anyone takes land by (paying) its jizyah, he renounces his immigration; and if anyone takes off the disgrace of an unbeliever from his neck he turns away his back from Islam. He (the narrator) said: Thereafter Khalid ibn Madan heard this tradition from me, and he said: Has Shubayb narrated it to you? I said: Yes. He said! When you come to him, ask him to write this tradition to me. He said: He then wrote it for him. When I came, Khalid ibn Madan asked me for the paper and I gave it to him. When he read (the paper), he abandoned the lands he had in his possession the moment he heard this. Abu Dawud said: This Yazid bin Khumair al-Yazani is not the disciple of Shubah.

Al Sab bin Jaththamah reported the Messenger of Allah صلی ‌اللہ ‌علیہ ‌وسلم as saying “There is no (permission for) protected land except for Allaah and His Prophet. Ibn Shihab said “It has reached me that the Messenger of Allah صلی ‌اللہ ‌علیہ ‌وسلم protected Naqi’. ”

Narrated As-Sab ibn Jaththamah: The Prophet صلی ‌اللہ ‌علیہ ‌وسلم protected Naqi and said: There is no (permission for) protected land except for Allah Most High.

Narrated Abu Hurairah: The Prophet صلی ‌اللہ ‌علیہ ‌وسلم said: A fifth is payable on buried treasure.

Al hasan said “Rikaz means treasure buried in pre Islamic times. ”

Narrated Dubaah daughter of az-Zubayr ibn Abdul Muttalib: Al-Miqdad went to Baqi' al-Khabkhabah for a certain need. He found a mouse taking out a dinar from a hole. It then continued to take out dinars one by one until it took out seventeen dinars. It then took out a red purse containing a dinar. There were thus eighteen dinars. He took them to the Prophet صلی ‌اللہ ‌علیہ ‌وسلم, informed him and said to him: Take its sadaqah. The Prophet صلی ‌اللہ ‌علیہ ‌وسلم asked him: Did you extend your hand toward the hole? He replied: No. The Messenger of Allah صلی ‌اللہ ‌علیہ ‌وسلم then said: May Allah bless you in it.