Hadithcore
Sahih al-Bukhari, 2541
sahih

Narrated Ibn `Aun:

I wrote a letter to Nafi` and Nafi` wrote in reply to my letter that the Prophet (ﷺ) had suddenly attacked Bani Mustaliq without warning while they were heedless and their cattle were being watered at the places of water. Their fighting men were killed and their women and children were taken as captives; the Prophet (ﷺ) got Juwairiya on that day. Nafi` said that Ibn `Umar had told him the above narration and that Ibn `Umar was in that army.

حَدَّثَنَا عَلِيُّ بْنُ الْحَسَنِ، أَخْبَرَنَا عَبْدُ اللَّهِ، أَخْبَرَنَا ابْنُ عَوْنٍ، قَالَ كَتَبْتُ إِلَى نَافِعٍ فَكَتَبَ إِلَىَّ أَنَّ النَّبِيَّ صلى الله عليه وسلم أَغَارَ عَلَى بَنِي الْمُصْطَلِقِ وَهُمْ غَارُّونَ وَأَنْعَامُهُمْ تُسْقَى عَلَى الْمَاءِ، فَقَتَلَ مُقَاتِلَتَهُمْ، وَسَبَى ذَرَارِيَّهُمْ، وَأَصَابَ يَوْمَئِذٍ جُوَيْرِيَةَ‏.‏ حَدَّثَنِي بِهِ عَبْدُ اللَّهِ بْنُ عُمَرَ، وَكَانَ فِي ذَلِكَ الْجَيْشِ‏.‏

References2 variants
In-Book Reference
Book 49, Hadith 24
USC-MSA web (English) reference
Vol. 3, Book 46, Hadith 717 (deprecated numbering scheme)
Sharh · explanationclick to expand
Allah, Exalted is He,has prescribed Jihaad to support His religion, and this religious obligation shall remain binding until the Day of Resurrection, and nothing will abrogate it. A group of the believers shall continue to adhere to the truth (i.e., by upholding the obligation of Jihaad) and will be supported by Allah, Exalted is He, to strive for what is right, and will be granted triumph. In this hadeeth, ‘AbdullahIbn ‘Umar (may Allah be pleased with him) stated that the Messenger of Allah ﷺhad attacked Banee Mustaliq, a branch of Khuzaa‘ah tribe, in 5 A.H., and the battle came to be known as Banee Al-Mustaliq or Al-Muraysee‘, the name of the well where the battle took place. Upon hearing that they were preparing to attack Muslims, the Prophet ﷺ proactively attacked them without prior warning while they were heedless, although the basic principle is that Muslims must warn enemies before attacking them, but since the call of Islam had become widespread at that point and people were well-informed of Islam, this sufficed and there was no need for a prior warning. Being heedless to the Muslims’ attack, their cattle were being watered at the places of water; they did not take any precautions. The Prophet ﷺ fought them; their fighting men were killed and their women and children were taken as captives. The Prophet ﷺ got Juwayriyah bint Al-Haarith (may Allah be pleased with her) on that day and married her. Her father was the chief of his people. It was said that she was among the share of Thaabit ibn Qays (may Allah be pleased with him) and she bought her freedom through Mukaatabah (i.e., a contract of manumission between a master and a slave whereby the slave is required to pay a certain sum of money during a specific time period in exchange for freedom). The Prophet ﷺ approved her Mukaatabah and married her. Out of courtesy to the Prophet ﷺ, Muslims freed the captives from her people, the Prophet’s in-laws. There was no woman whose blessing shined on her people like her (i.e., they regained their freedom because of her). It is deduced from the hadeeth that it is allowable to attack enemy fighters without prior warning. It is also inferred therefrom that it is allowable to take Arab captives as prisoners of war and retain ownership of them,as is the case with non-Arab captives. It is also deuced that only the adult enemy fighters may be killed during battles, and that women and children may not be killed, and may be only seized as prisoners of war. .
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