Reconciling the Prohibition on Selling War Spoils with the Permissibility of Selling a Shared Share of Land
Machine translationRead the Arabic original
Question:
Honorable Shaykh, may Allah grant you success. In a past hadith, the Messenger of Allah (peace and blessings be upon him) prohibited selling war spoils until they are distributed. However, in the chapter on pre-emption, it appears permissible to sell a man’s share if it is a shared portion of land. How is the reconciliation between these two matters achieved?
Answer:
Land is not included in the war spoils, as previously mentioned. Land becomes a possession of the public treasury (Bayt al-Mal). What is distributed is the movable wealth. As for lands, if the Muslims take possession of them, they become a possession of the public treasury.
Honorable Shaykh, may Allah grant you success. In a past hadith, the Messenger of Allah (peace and blessings be upon him) prohibited selling war spoils until they are distributed. However, in the chapter on pre-emption, it appears permissible to sell a man’s share if it is a shared portion of land. How is the reconciliation between these two matters achieved?
Answer:
Land is not included in the war spoils, as previously mentioned. Land becomes a possession of the public treasury (Bayt al-Mal). What is distributed is the movable wealth. As for lands, if the Muslims take possession of them, they become a possession of the public treasury.
Source
ما يقسم في المغانم — alfawzan.live
The Arabic text is a machine transcription of the audio recording.