—that is, the pregnant women among the captives.
The Messenger of Allah ﷺ said:
“It is not lawful for a man who believes in Allah and the Last Day to have intercourse with a woman taken captive until her womb is found to be clear; it is not lawful for a man who believes in Allah and the Last Day to sell any portion of booty before it has been distributed; it is not lawful for a man who believes in Allah and the Last Day to ride an animal belonging to the Muslims’ fayʾ, only to return it after he has worn it down; and it is not lawful for a man who believes in Allah and the Last Day to wear a garment from the Muslims’ fayʾ, only to give it back after he has worn it threadbare.”
Abū Dāwūd related this ḥadīth as well, through the chain of Muḥammad ibn Isḥāq.(1)
Al-Tirmidhī(2) transmitted it—by way of ʿUmar ibn Ḥafṣ al-Shaybānī,(3) from Ibn Wahb, from Yaḥyā ibn Ayyūb, from Rabīʿah ibn Sulaym, from Bishr ibn ʿUbayd Allāh, from Ruwayfiʿ ibn Thābit—in an abridged form, and he judged it to be ḥasan.
In Ṣaḥīḥ al-Bukhārī(4), on the authority of Nāfiʿ from Ibn ʿUmar, it is reported that the Messenger of Allah ﷺ, on the day of Khaybar, forbade the flesh of domesticated donkeys and the eating of garlic. Ibn Ḥazm cites ʿAlī and Sharīk ibn Ḥanbal as holding raw onions and garlic to be unlawful, whereas al-Tirmidhī(5) records from them that they deemed them merely disliked. Allah knows best.
Scholars have also examined the ḥadīth found in the two Ṣaḥīḥs(6) transmitted through al-Zuhrī, from ʿAbd Allāh and al-Ḥasan, the sons of Muḥammad ibn al-Ḥanafiyyah, from their father, from his father ʿAlī ibn Abī Ṭālib—may Allah be pleased with him—stating that the Messenger of Allah ﷺ, on the day of Khaybar, forbade nikāḥ al-mutʿah (temporary marriage) and the meat of domesticated donkeys. This wording, relayed by Mālik and others from al-Zuhrī, appears to limit the prohibition of nikāḥ al-mutʿah to the day of Khaybar, and that is problematic for two reasons:
First, on the day of Khaybar there were no women with whom to contract mutʿah, for the presence of female captives made such a practice unnecessary.
Second, it is authentically reported in Ṣaḥīḥ Muslim(7) from al-Rabīʿ ibn Sabrah ibn Maʿbad, from his father, that the Messenger of Allah ﷺ permitted them to contract mutʿah during the Conquest, yet before leaving Mecca he forbade it, saying, “Indeed Allah has forbidden it until the Day of Resurrection.” According to this, it was forbidden, then permitted, then forbidden again, which would require two instances of abrogation—something unlikely. Even so, al-Shāfiʿī explicitly stated that he knew of nothing made lawful, then unlawful, then lawful, then unlawful once more, except nikāḥ al-mutʿah.