Explanation of the Book of Fitnahs and Rulings-08b
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The reciter: Qutaybah narrated to us, al-Layth ibn Sa'd narrated to us from Yahya from 'Umar ibn Kathir from Abu Muhammad, the freed slave of Abu Qatadah, that Abu Qatadah said: Sahih al-Bukhari 7170.
The Shaykh : His statement (peace and blessings be upon him):Sahih al-Bukhari 7170 Is this legislation or organization? Some scholars said it is legislation, and that whoever kills a slain man, his spoils are his. And some said it is organization, meaning that if the commander of the army wishes to say such a thing in a battle to encourage them to jihad, he has that right. And if he does not say it, then the spoils of the slain man are added to the war spoils, and his spoils are what is on him of clothes, weapons, and the like. "I stood up to seek evidence regarding the man I had killed, but I did not see anyone to testify for me" means regarding the man he, Abu Qatadah, had killed. "So I sat down, then it occurred to me, so I mentioned his matter to the Messenger of Allah (peace and blessings be upon him)." A man among those sitting with him said: "The weapon of this slain man that is mentioned to me." He said: To whom is he saying it? He is saying it to this one who acknowledged it: "Reconcile Abu Qatadah with it." And this indicates that he ruled it for him because a witness testified to it. He said: "The weapon of this slain man that is mentioned to me." Then he said: And he did not say "include it in the war spoils" because he had said: Muwatta Malik 21:21 Then Abu Bakr said: "No, do not give it to him. Asbagh is from Quraysh, and let a lion from the lions of Allah fight for Allah and His Messenger." Explain this phrase to us, O Mustafa. What did he say in al-Fath?
The questioner : It seems, O Shaykh, that it was not mentioned here.
The Shaykh : Glory be to Allah, he did not say "come" or "advance" or anything.
The questioner : Shall I read al-Qastallani?
The Shaykh : There is something good in it.
Narrated Abu Qatada: Allah's Messenger (ﷺ) said on the Day of (the battle of) Hunain, "Whoever has killed an infidel and has a proof or a witness for it, then the salb (arms and belongings of that deceased) will be for him." I stood up to seek a witness to testify that I had killed an infidel but I could not find any witness and then sat down. Then I thought that I should mention the case to Allah's Messenger (ﷺ) I (and when I did so) a man from those who were sitting with him said, "The arms of the killed person he has mentioned, are with me, so please satisfy him on my behalf." Abu Bakr said, "No, he will not give the arms to a bird of Quraish and deprive one of Allah's lions of it who fights for the cause of Allah and His Apostle." Allah's Messenger (ﷺ) I stood up and gave it to me, and I bought a garden with its price, and that was my first property which I owned through the war booty.
قال رسول الله صلى الله عليه وسلم يوم حنين : من له بينة على قتيل قتله فله سلبه ، فقمت لألتمس بينةً على قتيلي فلم أر أحداً يشهد لي فجلست ثم بدا لي فذكرت أمره إلى رسول الله صلى الله عليه وسلم فقال رجل من جلسائه سلاح هذا القتيل الذي يذكر عندي قال : فأرضه منه ، فقال أبو بكر كلا لا يعطيه أصيبغ من قريش ويدع أسداً من أسد الله يقاتل عن الله ورسوله قال فقام رسول الله صلى الله عليه وسلم فأداه إلي فاشتريت منه خرافاً فكان أول مال تأثلته قال لي عبد الله عن الليث فقام النبي صلى الله عليه وسلم فأداه إليThe Shaykh : His statement (peace and blessings be upon him):
Whoever has killed an infidel and has a proof or a witness for it, then the salb (arms and belongings of that deceased) will be for him
من له بينة على قتيل قتله فله سلبهSo reconcile him with it.
فأرضه منهReconcile him with it.
أرضه منهWhoever kills someone can have his effects
من قتل قتيلا فله سلبهThe questioner : It seems, O Shaykh, that it was not mentioned here.
The Shaykh : Glory be to Allah, he did not say "come" or "advance" or anything.
The questioner : Shall I read al-Qastallani?
The Shaykh : There is something good in it.