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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 13 · Page 58Section

Translation · EN

of the Romans, and he wants 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.

Section: It is permissible for the Imam and his deputy to offer compensation (ju'l) to anyone who guides them to something that serves the interest of the Muslims, such as an easy path, water in a wasteland, a fortress to be conquered, property to be seized, an enemy to be raided, or a gap through which to enter. We know of no disagreement on this; for it is compensation for an interest, so it is permissible, like the wages of a guide. The Prophet (peace and blessings of Allah be upon him) and Abu Bakr hired a guide to lead them along the path during the Hijra. One becomes entitled to the compensation by performing the act for which the compensation was offered, whether he is a Muslim or a disbeliever, from the army or someone else. If the compensation is offered from what is under his control, it must be known; because it is a wage (ja'ala) in exchange for known property, so it must be known, like the compensation for returning a runaway slave. If the compensation is from the property of the disbelievers, it is permissible for it to be unknown to a degree that does not prevent delivery and does not lead to dispute; because the Prophet (peace and blessings of Allah be upon him) assigned to the detachment a third or a fourth of what they captured, and it was unknown, as the entire spoils were unknown. Also, because it is something for which there is a need, and compensation is only permissible according to the need. If he promised him a specific slave girl if he guided him to a fortress that he would conquer, for instance, if he promised him the daughter of a man he specified from among the people of the fortress, he would not be entitled to anything until he conquered the fortress; because the compensation for a part of it necessitated the stipulation of

Notes

(23) In M: "falam yara" (he did not see). (24) In A: "yabdhal" (he offers). (25) In A: "sahla" (easy). (26) Its source has been cited previously, in: 8/5. (27) In A: "li-annahu" (because it). (28) In the original and M: "minhu" (from it). (29) In M: "iqtadat" (it necessitated).

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