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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 13 · Page 57Section

Translation · EN

"Whoever kills a person has his spoils (salab)." Moreover, there is an interest and encouragement for fighting in it, so it is permissible, just like the entitlement to the spoils, the additional share for the horseman (16), the entitlement to the salab, and what they mentioned (17) is invalidated by these issues. As for his statement that the Prophet (peace and blessings of Allah be upon him) only assigned the salab to the killer after the fighting had cooled down, we say: That ruling of his is established for the battles that followed his statement, so it is, in relation to them, like a condition stipulated at the beginning of the battle. Al-Qadi said: This is not permissible unless it involves an interest for the Muslims (18). If there is no benefit in it, it is not permissible, because it is only carried out for the sake of an interest, so the need for it is considered, like the wages of a porter or a guard. When this is established, the extra share (nafal) is not limited to a specific type of wealth. Al-Khallal mentioned that there is no nafal in silver dirhams and gold dinars. This is the view of al-Awza'i, because the killer is not entitled to anything of them, so neither is anyone else. Our evidence is the hadith of Habib ibn Maslama, 'Ubada, and Jarir, for the Prophet (peace and blessings of Allah be upon him) assigned them a third or a fourth, and this is general to everything they took as spoils. Furthermore, because it is a type of wealth, nafal is permissible in it, as with all other forms of property. As for the killer, he was only assigned the salab, and silver and gold are not part of the salab, so he is not entitled to anything other than what was assigned to him.

Section: Abu Dawud narrated from Ahmad that he said to him: If he says, "Whoever returns to the rearguard (saqa) shall have a dinar," and the man works in driving the sheep? He said: The people of al-Sham always do this, and there may be a benefit in their returning to the rearguard and driving the sheep. It was said to him: If he raids a village and settles in it, and the captives, beasts, and household goods (khurthi) (20) are with them in the village, and laziness (21) prevents people from gathering them, and they do not fear the enemy for them, and the Imam says: "Whoever brings ten garments shall have one," [and whoever brings ten heads shall have one] (22)? He said: I hope there is no harm in that. It was said to him: If he says, "Whoever brings a load of flour from the Romans shall have a dinar," intending it for the food of the captives, what is your view on taking the dinar? He did not see any harm in it. It was said: What if the Imam sends out a detachment and promises them all an extra share, and then on the day of the raid he calls out: "Whoever brings ten heads shall have one, and whoever brings such-and-such shall have such-and-such," so the people go and seek them, what is your view on this nafal? He said: There is no harm in it if it encourages them, provided it does not exhaust the third. I said: Is there no harm in two nafals for one thing? He said: Yes, as long as it does not exhaust the third. I heard him say that more than once.

Notes

(16) In M: "al-faris" (the horseman). (17) That is, he and his companions. In the original: "dhakarahu" (he mentioned it). (18) In M: "wa al-muslimin" (and the Muslims). (19) In M: "wa in" (and if). (20) Al-Khurthi: Household furnishings, inferior items, and spoils. (21) In M: "likasal" (due to laziness). (22) In M: "And whoever brings ten heads, he shall have one."

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