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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 13 · Page 129Section

Translation · EN

and it does not provide nourishment. Furthermore, because it is not permissible in the absence of a need, [it is not permissible] in its presence, like items that are not food. Our argument is that it is food for which there is a need, so it resembles fruits; and what they have mentioned is refuted by the case of fruit. We have only considered the 'need' here because such things are not consumed customarily except when there is a need for them.

Section: Ahmad said: He may not wash his garment with soap, because it is not food or fodder, and it is intended for improvement and adornment, so it does not fall under their meaning. If a warrior has a cheetah or a hunting dog, he may not feed them from the spoils of war. If he feeds them, he is liable for the value of what he fed them, because this is intended for amusement and adornment and is not something needed in warfare, unlike riding animals.

Section: It is not permissible to wear clothing or ride an animal from the spoils of war, based on what Ruwayfi' ibn Thabit al-Ansari narrated from the Messenger of Allah (peace be upon him) that he said: "Whoever believes in Allah and the Last Day, let him not ride an animal from the booty of the Muslims until, when [he has exhausted it, he returns it to it, and whoever believes in Allah and the Last Day, let him not wear a garment from the booty of the Muslims until, when] he has worn it out, he returns it to it." Narrated by Sa'id.

Section: It is not permissible to benefit from their hides, nor to make sandals or water skins (jurub) from them, nor threads or ropes. This was the view of Ibn Muhayriz, Yahya ibn Abi Kathir, Isma'il ibn 'Ayyash, and al-Shafi'i. Sulayman ibn Musa permitted making water skins from the hides of the spoils of war. Malik permitted [the use of] a needle, a rope made of hair, and sandals and khuff (leather socks) made from cow hides. Our argument is what was narrated

Notes

(22) In M: "it is not permissible". (23) In B: "at". (24) Omitted from: B, and in A: "for hunting". (25) In the original, B, and M: "he fed them". (26) Omitted from: B. Editorial note. (27) In: Kitab al-Jihad, Chapter: What has been narrated regarding ghulul (misappropriation of spoils). Al-Sunan 2/267, 268. It was also recorded by Abu Dawud, in: Kitab al-Jihad, Chapter: Regarding a man who benefits from a thing from the spoils of war. Sunan Abi Dawud 2/61. And al-Darimi, in: Kitab al-Siyar, Chapter: The prohibition of riding an animal from the spoils of war. Sunan al-Darimi 2/230. (28) In the original and M: "al-ghanam" (sheep/livestock).

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