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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 13 · صفحة 126فصل

الترجمة · EN

Al-Zuhri said: It belongs to whoever took it as booty, and it is subject to the khums (one-fifth). Abu al-Khattab said: Whoever among them loses their way, or the wind brings them to us, it belongs to the one who takes it, according to one of the two narrations, because it is permitted [property] that one of the Muslims took without the force of a Muslim, so it belongs to him, like firewood. The second narration is that it is fay'.

Section: Whoever finds a luqata (lost property) in their territory: if it is of the belongings of the Muslims, it is a luqata that he must announce for a year, then he becomes its owner. If it is from the belongings of the polytheists, it is booty. If it could be either of the two, he must announce it for a year, then place it into the booty, as stated explicitly by Ahmad. He announces it in the land of the Muslims because it could be either, so the ruling of the Muslims' property prevails regarding the announcement, and the ruling of the property of the people of war prevails regarding its being booty, as a precaution.

1662 - Issue: He said: (Whoever takes fodder in excess of what they need must return it to the Muslims, and if he sells it, he must return its price to the division.)

Scholars have reached a consensus, except for those who deviated, that when warriors enter the land of war, they may eat whatever food they find and feed their animals from their fodder. Among them are Sa'id ibn al-Musayyab, 'Ata', al-Hasan, al-Sha'bi, al-Qasim, Salim, al-Thawri, al-Awza'i, Malik, al-Shafi'i, and the scholars of opinion. Al-Zuhri said: It is not to be taken except with the permission of the Imam. Sulayman ibn Musa said: It is not to be abandoned unless the Imam forbids it, in which case his prohibition must be observed. Our argument is what was narrated by 'Abd Allah ibn Abi Awfa, who said: We obtained food on the day of Khaybar, and a man would come and take an amount sufficient for him, then depart. It was recorded by Sa'id and Abu Dawud. It was also narrated that the commander of the army of the Levant wrote to Umar:

الحواشي

(22) In the original, M: "belongings". (23) In B: "the firewood gatherer". (24) In B, M: "could be". (1) In A: "division". (2) In M: "from what". (3) In M: "takes". (4) Recorded by Sa'id ibn Mansur in: Chapter on what is mentioned regarding the permissibility of food in the land of the enemy, from the Book of Jihad. Al-Sunan 2/272. And Abu Dawud, in: Chapter on the prohibition of prohibiting [food] when food is scarce in the land of the enemy, from the Book of Jihad. Sunan Abi Dawud 2/60.

السابقمجلد 13 · صفحة 126التالي
السابق13·126التالي