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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 13 · Page 165

Translation · EN

Abu Dawood (11) narrated with his chain of transmission from Ya'la ibn Munya (12), who said: The Messenger of Allah (may Allah bless him and grant him peace) called for Jihad while I was an old man with no servant. I sought a hired worker to suffice me, and I promised him his share [of the spoils]. I found a man, but when the time of departure drew near, he said: 'I do not know what the shares are nor what my share will reach, so specify something for me, whether there is a share or not.' So I specified three dinars for him. When the spoils arrived, I wanted to grant him his share, but I remembered the dinars, so I came to (13) the Prophet (may Allah bless him and grant him peace) and mentioned his affair to him. He said: 'He has nothing in his expedition [in this] (14) in the world and the Hereafter except the dinars he specified.'

It is possible that a share may still be granted to him, and this is the choice of al-Khallal. He said: A group narrated from Ahmad that the hired worker is entitled to a share if he fights. A group also narrated from him that everyone who witnesses the battle is entitled to a share. He said: This is what (15) I rely upon from the opinion of Abu Abd Allah. The reasoning for this is what was previously mentioned regarding the hadith of Abdullah ibn Amr and the hadith of Jubayr ibn Nufayr, and the statement of Umar: 'The spoils belong to those who witnessed the engagement (16).' Because he is present for the engagement and is among the people of fighting, he is entitled to a share like the non-hired worker. As for those who are given from their rights from the fay' (booty obtained without fighting), they have their shares because that is a right Allah has granted him (17) so that he may perform Jihad, not because it is a compensation for his Jihad; rather, the benefit of his Jihad belongs to him and not to anyone else. Likewise, those who are given from the sadaqat (charity) and are those who, when they are energized for Jihad, are given [means], they are given as an aid to them, not as compensation. Therefore, when one gives (18) to the warriors what (19) they can strengthen themselves with and seek help through, he has the reward for it, and it is not considered compensation. The Prophet (may Allah bless him and grant him peace) said: 'Whoever equips a warrior has the like of his reward.' (20)

Notes

(11) In: The Chapter of the Man Who Fights for Service Wages, from the Book of Jihad. Sunan Abi Dawood 2/16. And al-Bayhaqi, in: The Chapter of One Who Hires a Person for Service in Jihad, from the Book of Siyar. Al-Sunan al-Kubra 9/29. (12) In the original, (A), and (M): "Munabba", which is a distortion. In (B): "Umayyah", which is his father, and it appears in some copies of Sunan Abi Dawood. See: 'Awn al-Ma'bud 2/323. (13) Omitted from: Original, (A), and (B). (14) In (M): "fi hadhihi" (in this). (15) Omitted from: (A) and (B). (16) Previously cited on page 84. (17) In the original, (A), and (M): "lahum" (for them). (18) In the original and (B): "dafi'" (pusher/payer). (19) Omitted from: (M). (20) Recorded by al-Bukhari, in: The Chapter on the Virtue of Whoever Equips a Warrior..., from the Book of Jihad. Sahih al-Bukhari 4/32, 33. And Muslim, in: The Chapter on the Virtue of Assisting the Warrior in the Cause of Allah, from the Book of Jihad and Siyar. Sahih Muslim 3/1507. And Abu Dawood, in: The Chapter on What Suffices for Jihad, from the Book of Jihad. Sunan Abi Dawood 2/11. And al-Tirmidhi, in: The Chapter on What Has Come Regarding the Virtue of Whoever Equips

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