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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 13 · صفحة 127

الترجمة · EN

"We have found land rich in food and fodder, and I disliked proceeding with anything of that without instructions." He (Umar) wrote to him: "Let the people graze and eat. Whoever among them sells anything for gold or silver, then in it is the fifth (khums) due to Allah and the shares of the Muslims." Recorded by Sa'id. It has also been narrated by 'Abd Allah ibn Mughaffal, who said: "A leather bag of fat was lowered on the day of Khaybar, so I seized it and said: 'By Allah, I will not give anyone anything from it.' Then I turned, and behold, the Messenger of Allah (peace and blessings of Allah be upon him) was laughing, and I felt shy before him." Muttafaq 'alayh (Agreed upon). And because necessity calls for this, and in preventing it there is harm to the army and their animals, for it is difficult for them to transport food and fodder from the land of Islam, and they do not find in the land of war what they can buy, and even if they found it, they would not find the price for it. It is not possible to divide what each of them takes, and even if it were divided, not one of them would obtain anything he could benefit from or use to satisfy his need, so Allah Almighty permitted them to do so. Thus, whoever takes anything of food—from what is eaten or what improves food, such as condiments or otherwise—or fodder for his animal, he is more entitled to it, regardless of whether he has other means to suffice him or not, and he is more entitled to what he takes than anyone else. If there remains any excess for which he has no need, he must return it to the Muslims, because he was only permitted what he needs. If one of the army members gives him what he needs, it is permissible for him to take it, and he becomes more entitled to it than anyone else. If he sells any food or fodder, he must return its price to the booty, according to what we mentioned from the hadith of Umar. A similar account is narrated from Fadala ibn 'Ubayd. This is the opinion of Sulayman ibn Musa, al-Thawri, and al-Shafi'i. Al-Qasim, Salim, and Malik disliked selling it. The Qadi said: The situation is either one of two: either he sells it to a warrior or someone else. If he sells it to someone else, the sale is void because he is selling the property of the booty without authority or agency, so the sold item must be returned and the sale annulled. If returning it is impossible, he must return its value—or its price if it is more than its value—to the spoils. On this basis, the statement of al-Khiraqi is interpreted. If he sells it to a warrior, it...",

الحواشي

(5) In: "Chapter on what is sold of the enemy's property for gold or silver," from the Book of Jihad. Al-Sunan 2/274, 275. It was also recorded by al-Bayhaqi, in: "Chapter on selling food in the land of war," from the Book of Siyar. Al-Sunan al-Kubra 9/60. (6) Its recording was previously mentioned in: 1/110. It is corrected to: Sahih al-Bukhari 5/72 to 5/172. (7) In M: "and others". (8) In M: "its price". (9) In A: "we mentioned it". (10) Recorded by al-Bayhaqi in the aforementioned location. See footnote 5. (11) In M: "a sale".

السابقمجلد 13 · صفحة 127التالي
السابق13·127التالي