Ibn Mansur said: "I said to Ahmad: 'The Prophet (saws) gave the Nafl when he divided the fourth, after the Khumus, and when he was returning (he gave) the third from the Khumus.' So he said: 'The Khumus is taken, and then the Nafl is given from what remains, nothing beyond this.''"

[Abu 'Eisa said:] This Hadith is (understood) as Ibn Musayyab said: "The Nafl is from te Khumus." Ishaq said as he said.

That the Messenger of Allah (saws) said: "Whoever kills someone in battle, having a proof for that, then his goods are his."

[Abu 'Eisa said:] There is a story with this Hadith.

"The Messenger of Allah (saws) prohibited selling the spoils of war until it has been distributed."

There is something on this topic from Abu Hurairah.

[Abu 'Eisa said:] This Hadith is Gharib.

From her father who told her that the Messenger of Allah (saws) prohibited intercourse with female prisoners, until they deliver what is in their wombs."

[Abu 'Eisa said:] There is something on this topic from Ruwaifi' bin Thabit, and the Hadith of 'Irbad is a Gharib Hadith. This is acted upon according to the people of knowledge.

Al-Awza'i said: "When a man purchases a slave girl from the captives and she is pregnant, then it has been related from 'Umar bin Al-Khattab that he said: 'Do not have intercourse with the pregnant women until she gives birth.'" Al-Awza'i said: "As for the free women, then the Sunnah about them has passed, in that the 'Iddah is observed." All of this was narrated to me by 'Ali bin Khushram who said: " 'Eisa bin Yunus narrated to us from Al-Awza'i."

From his father, who said: "I asked the Prophet (saws) about the food of the Christians. He (saws) said: 'Do not allow food to put uneasiness in your chest similar to the doubts of Christianity about it."

[Abu 'Eisa said:] This Hadith is Hasan

Another chain with similar narration.

This is acted upon according to the people of knowledge regarding the permission for the food of the People of the Book.

That he heard the Messenger of Allah (saws) say: "Whoever separates between a mother and her child, then Allah will separate between him and his beloved on the Day of Judgement."

[Abu 'Eisa said:] There is something on this topic from 'Ali. This Hadith is Hasan Gharib.

This is acted upon according to the people of knowledge among the Companions of the Prophet (saws) and others. They dislike separating the captives, the mother and her child, the son and the father, and brothers.

That the Messenger of Allah (saws) said that Jibra'il had indeed descended upon him to say to him: "Tell them - meaning your Companions - to choose regarding the captives of Badr, between either killing them or ransoming the, so that the amount killed by them will correspond similarly to them." So they said: "Ranson, even though some of us may be killed."

There are narrations on this topic from Ibn Mas'ud, Anas, Abu Barzah, and Jubair bin Mut'im.

[Abu 'Eisa said:] This Hadith is Hasan Gharib as a narration of Ath-Thawri. We do not know of it except through the report of Za'idah.

Abu Usamah reported similar to this from Hisham, from Ibn Sirin, from 'Abidah, from 'Ali, from the Prophet (saws)

Ibn 'Awn reported it from Ibn Sirin, from 'Abidah, from 'Ali, from the Prophet (saws) in Mursal form.

Abu Dawud Al-Hafiri's ( a narrator in this chain) name is 'Umar bin Sa'd.

That the Prophet (saws) ransomed two men for the Muslims with a man from the idolaters.

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

The paternal uncle of Abu Al-Muhallab's name is 'Abdur Rahman bin 'Amr, and they also say it was Muhawiyah bin 'Amr. And Abu Qilabah's name is 'Abdullah bin Zaid Al-Jarmi (narrator in the chain)

This is acted upon according to most of the people of knowledge among the Companions of the Prophet(saws) and others. It is for the Imam to decide to be generous with whom he wills among the captives, or to kill whom he wills among them, or to ransom whom he wills among them. Some of the people of knowledge preferred killing over ransoming.

Al-Awzai' said: "It has been conveyed to me. that this Ayah is abrogated: Thereafter (is the time) either for generosity (to free them without ranson) or ransom (47:4). It was abrogated by: Kill them wherever you find them (2:191). This was narrated to us by Hannad (who said): "Ibn Al-Mubarak narrated to us, from Al-Awza'i."

Ishaq bin Mansur said: "I said to Ahmad: 'When the captives are captured' is killing or ransoming better to you?' He said: 'If they are able to ransom' then there is no harm in it. And if they kill, then I do not know of any harm in it.'" Ishaq said: "Wiping them out is better to me, unless it is someone well-known, so that it is hoped that a large amount will be obtained for him."

That a woman was found killed in one of the expeditions of the Messenger of Allah (saws), so the Messenger of Allah (saws) rebuked that, and he prohibited killing women and children.

There are narrations on this topic from Buraidah and Rabah - and they say he was Riyah - bin Ar-Rabi', Al-Aswad bin Sari', Ibn 'Abbas, and As-Sa'b bin Jaththamah.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. This is acted upon according to some of the people of knowledge among the Companions of the Prophet (saws) and others. They disliked killing women and children. This is the view of Sufyan Ath-Thawri and Ash-Shafi'i.

Some of the people of knowledge made an exception for killing the women who had children with them during night attacks, this is the view of Ahmad and Ishaq, they permitted it in night attacks.

"I was informed by As-Sa'b bin Jaththamah who said: " I said: "O Messenger of Allah our horses trampled over women and children of the idolaters." He said: "They are from their fathers.'"

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

"The Messenger of Allah (saws) sent us with an army and said: 'If you see so-and-so, and so-and-so' referring to two men from the Quraish: 'then burn them with fire.' Then, upon our departure, the Messenger of Allah (saws) said: 'I ordered you to burn so-and-so, and so-and-so with fire, and indeed, none punishes with fire except Allah. So if you see them, then kill them.'"

There are narrations on this topic from Ibn 'Abbas and Hamzah bin 'Amr Al-Aslami.

[Abu 'Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge. In this Hadith, Muhammad bin Ishaq mentioned a man (narrating) between Sulaiman bin Yasar and Abu Hurairah. Others reported this Hadith the same as Al-Laith reported it(here, without a man between them). The narration of Al-Laith bin Sa'd is more appropriate and more correct.