Continuation of the explanation of the previous hadith.
Machine translationRead the Arabic original
The Shaykh : The rest of the hadith. Yes, the hadith states: It was narrated from Abu Sa'id al-Khudri (may Allah be pleased with him) Captives, meaning women. When the Muslims wage war against the disbelievers and overcome them, and some of the polytheists fall into their hands, the women and the young children become captives. Captivity means ownership by the Muslims as slaves. As for the fighters, the Imam or the commander of the army is given the choice regarding them: to kill them, or to release them without anything, releasing them like this, or to accept ransom in the form of money or ransom in the form of prisoners. The scholars differed on whether slavery applies here, meaning whether they are enslaved or not? Allah the Mighty and Majestic says: [Muhammad 47:4] And it is established from the Prophet (peace and blessings be upon him) So these are three things: killing, secondly, releasing without anything, and thirdly, ransom, either with money or with a prisoner or with a benefit. An example of money: it is said to the prisoner, "Give us, for example, such and such amount of money, and we will release you." Ransom with a prisoner: if the disbelievers have Muslim prisoners, they exchange prisoners. With a benefit: for example, it is said to the prisoner, "Teach us the craft of corn, teach us the craft of corn, and we will release you," just as the prisoners of Badr taught the Companions (may Allah be pleased with them) writing or recitation. But is this a choice of interest or a choice of desire? Meaning, does it return to what the person desires?
The student: Public benefit.
The Shaykh : The rule in all these choices is that what is for another person is a choice of interest, and what is for facilitation is a choice of desire. If you are acting on behalf of another person, the choice is a choice of interest. From this is the guardian of an orphan, if he is given the choice between two things in disposing of his wealth, he must choose what is better. And likewise the agent and others. The important point is that whoever acts on behalf of another, his choice is a choice of interest. And what is intended to facilitate for the one obligated is a choice of desire; it is said, "Choose what you wish." Now we say: If we take women or offspring from the disbelievers as spoils, what happens to them? They become captives, slaves, by virtue of the captivity. As for the fighters, the Imam is given the choice regarding them as you have heard.
It says: The Companions (may Allah be pleased with them) wanted to enjoy these women through intercourse without pregnancy. Musannaf Ibn Abi Shaybah 11:255 And 'azl (coitus interruptus): when a man has intercourse with his wife or his slave woman, and he is about to ejaculate, he withdraws so that the ejaculation is outside the vagina. They asked him, and he (peace and blessings be upon him) said: Mishkat al-Masabih 3186 Meaning, it is not upon you; if you wish, do it, and if you wish, do not. Sahih al-Bukhari 7409 So if you do not do it, meaning if you do not practice 'azl, a child may be created from this fluid, or it may not be created. The point of this hadith is his saying because the chapter heading is "The Chapter on the Saying of Allah the Exalted: Then the Prophet (peace and blessings be upon him) said Sahih Muslim 1438j Meaning, no created soul, for Allah the Exalted is the one who created it. This is from the category of emphasizing the previous sentence.
In the expedition of Banu al-Mustaliq, they took captives
في غزوة بني المصطلق أنهم أصابوا سباياuntil, when you have inflicted slaughter upon them, then secure their bonds, and either [confer] favor afterwards or ransom [them]
حتى إذا أثخنتموهم فشدوا الوثاق فإما مناً بعد وإما فداءًKilling the prisoners by beheading
قتل الأسرى صبراًThe student: Public benefit.
The Shaykh : The rule in all these choices is that what is for another person is a choice of interest, and what is for facilitation is a choice of desire. If you are acting on behalf of another person, the choice is a choice of interest. From this is the guardian of an orphan, if he is given the choice between two things in disposing of his wealth, he must choose what is better. And likewise the agent and others. The important point is that whoever acts on behalf of another, his choice is a choice of interest. And what is intended to facilitate for the one obligated is a choice of desire; it is said, "Choose what you wish." Now we say: If we take women or offspring from the disbelievers as spoils, what happens to them? They become captives, slaves, by virtue of the captivity. As for the fighters, the Imam is given the choice regarding them as you have heard.
It says:
