The Book of Jihad, Expeditions, and Authority-02b
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The reader: And Abu al-Tahir and Harimah narrated to us, and the wording is his, and 'Abdullah ibn Wahb informed us, saying: I heard Malik ibn Anas say: Yahya ibn Sa'id narrated to me from 'Amr ibn Kathir ibn Aflah from Abu Muhammad, the freed slave of Abu Qatadah, from Abu Qatadah, who said: , and in the narration of al-Layth, Abu Bakr said: Sahih al-Bukhari 7170, and in the narration of al-Layth: .
The Shaykh : The saying of the Prophet (peace and blessings be upon him):Muwatta Malik 21:21, the spoils are what is with him of weapons, armor, clothing, and weapons, and a mount, and the like of that.
Is this legislation or organization?
If we say it is legislation, then the spoils of the killer belong to every killer, whether the commander said so or not.
And if we say it is organization, then the spoils of the killer are with the war spoils, except if the commander of the army sees it in the public interest to say so, then let him say it.
And the apparent view is that it is not legislation, but it is legislation in the sense that it is permissible for the commander to do so, but it is not established for the killer whether it was stipulated for him or not.
And in it is evidence for the use of spending money to encourage good, because this undoubtedly encourages the mujahid if he expects the spoils.
So it is taken from this that what is given to the imams, the mu'adhdhins, the teachers, and the students from the public treasury is permissible and there is no doubt in it. Contrary to those who are scrupulous with a scrupulousness that is unjust, and say that it is not permissible, because it is taking money in exchange for a religious reward. It is said: This is from the category of encouragement.
And in this is the use by Abu Bakr:, which is evidence that the letter haa is among the letters of oath, but it is little used. Is it used as it was reported, that is, preceded by the emphatic la, or is it permissible to use it even in other cases?
Both possibilities are possible in my view, and Allah knows best.
In the hadith it says:, what does it mean?
The reader: We have: ad-daybi', there are narrations.
The Shaykh : With the ba?
We went out with the Messenger of Allah (peace and blessings be upon him) in the year of Hunayn, and when we met [the enemy], the Muslims had a moment of confusion. He said: I saw a man from among the polytheists who had gotten the upper hand of a man from among the Muslims, so I went around to him until I came up behind him and struck him on the tendon of his shoulder. He turned to me and embraced me in an embrace in which I felt the breath of death, and then death overtook him, so he let me go. I caught up with 'Umar ibn al-Khattab, and he said: What is the matter with the people? I said: It is the decree of Allah. Then the people returned and the Messenger of Allah (peace and blessings be upon him) sat down and said: Whoever kills a killer and has proof against him, then his spoils are his. He said: So I stood up and said: Who will testify for me? Then I sat down. Then he said the same thing, so I stood up and said: Who will testify for me? Then I sat down. Then he said it a third time, so I stood up, and the Messenger of Allah (peace and blessings be upon him) said: What is the matter with you, O Abu Qatadah? So I related the story to him. A man from among the people said: He is telling the truth, O Messenger of Allah. The spoils of that killer are with me, so satisfy him from his right. And Abu Bakr al-Siddiq said: No, by Allah, they will not take a lion from the lions of Allah who fights for Allah and His Messenger and give you his spoils. The Messenger of Allah (peace and blessings be upon him) said: He is telling the truth, so give it to him. So he gave it to me. I sold the armor and bought with it a date garden in Banu Salimah, for it was the first wealth I acquired in Islam.
خرجنا مع رسول الله صلى الله عليه وسلم عام حنين، فلما التقينا كانت للمسلمين جولة، قال : فرأيت رجلا من المشركين قد علا رجلا من المسلمين، فاستدرت إليه حتى أتيته من ورائه، فضربته على حبل عاتقه، وأقبل علي فضمني ضمة وجدت منها ريح الموت، ثم أدركه الموت، فأرسلني، فلحقت عمر بن الخطاب، فقال : ما للناس ؟ فقلت : أمر الله، ثم إن الناس رجعوا وجلس رسول الله صلى الله عليه وسلم، فقال : من قتل قتيلا له عليه بينة، فله سلبه ، قال : فقمت، فقلت : من يشهد لي ؟ ثم جلست، ثم قال مثل ذلك، فقال : فقمت، فقلت من يشهد لي ؟ ثم جلست، ثم قال ذلك الثالثة، فقمت، فقال رسول الله صلى الله عليه وسلم : ما لك يا أبا قتادة ؟ فقصصت عليه القصة، فقال رجل من القوم : صدق يا رسول الله، سلب ذلك القتيل عندي، فأرضه من حقه، وقال أبو بكر الصديق : لا ها الله، إذا لا يعمد إلى أسد من أسد الله، يقاتل عن الله وعن رسوله فيعطيك سلبه، فقال رسول الله صلى الله عليه وسلم : صدق، فأعطه إياه ، فأعطاني، قال : فبعت الدرع، فابتعت به مخرفا في بني سلمة، فإنه لأول مال تأثلته في الإسلامNo, he will not give the arms to a bird of Quraish and deprive one of Allah's lions of it
كلا لا يعطيه، أصيبغ من قريش ويدع أسدا من أسد اللهThe first wealth I acquired.
لأول مال تأثلتهThe Shaykh : The saying of the Prophet (peace and blessings be upon him):
Whoever kills someone can have his effects
من قتل قتيلا فله سلبهIs this legislation or organization?
If we say it is legislation, then the spoils of the killer belong to every killer, whether the commander said so or not.
And if we say it is organization, then the spoils of the killer are with the war spoils, except if the commander of the army sees it in the public interest to say so, then let him say it.
And the apparent view is that it is not legislation, but it is legislation in the sense that it is permissible for the commander to do so, but it is not established for the killer whether it was stipulated for him or not.
And in it is evidence for the use of spending money to encourage good, because this undoubtedly encourages the mujahid if he expects the spoils.
So it is taken from this that what is given to the imams, the mu'adhdhins, the teachers, and the students from the public treasury is permissible and there is no doubt in it. Contrary to those who are scrupulous with a scrupulousness that is unjust, and say that it is not permissible, because it is taking money in exchange for a religious reward. It is said: This is from the category of encouragement.
And in this is the use by Abu Bakr:
No, by Allah.
لا ها اللهBoth possibilities are possible in my view, and Allah knows best.
In the hadith it says:
He will not give it to him, a man from Quraysh.
لا يُعطيه وصيبُها من قريشThe reader: We have: ad-daybi', there are narrations.
The Shaykh : With the ba?