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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 13 · Page 96Section

Translation · EN

to children at Khaybar (25), and the leaders of the Muslims assigned shares to every child born in the land of war. Al-Juzajani narrated with his chain of transmission from al-Wadin ibn 'Ata, who said: My grandmother told me, saying: I was with Habib ibn Maslama, and he used to assign shares to mothers of children (umm al-walad) because of what was in their wombs. Our evidence is what was narrated from Sa'id ibn al-Musayyab, who said: Children and slaves were given gifts from the spoils if they were present at the battle during the early period of this Ummah. Al-Juzajani narrated with his chain of transmission that Tamim ibn Fir' al-Mahri (27) was in the army that conquered Alexandria in the final expedition. He said (28): Amr did not distribute to me anything from the fay' (spoils), and he said: A boy who has not reached puberty. This continued until there was almost an uprising between my tribe and people from the Quraysh over that. Some of the people said: You have among you people from the companions of the Messenger of Allah (peace and blessings of Allah be upon him), so ask them. They asked Abu Nadrah al-Ghifari and 'Uqbah ibn Amir, and they both said: Look, if he has reached puberty, then assign a share (30) to him. Some of the people looked at me, and it turned out that I had grown hair, so he assigned a share to me. Al-Juzajani said: This is among the well-known and authentic hadiths of Egypt. This is because he is not among those who are to fight, so a share is not assigned to him, like the slave. Furthermore, it is not established that the Prophet (peace and blessings of Allah be upon him) assigned a share to a child; rather, he would not allow them to fight. For Ibn Umar said: I was presented to the Prophet (peace and blessings of Allah be upon him) while I was fourteen years old (31), and he did not permit me to fight. I was presented to him while I was fifteen, and he permitted me (32). What they mentioned could be that the narrator called the gift (radkh) a share, evidenced by what we have already mentioned.

Section: If only those to whom a share is not assigned were to be involved in the spoils, such as slaves who entered the land of war and obtained spoils, or children, or slaves and children, one-fifth of it is taken, and the rest belongs to them. It is possible that it is divided among them;

Notes

(25) See what preceded regarding the hadith of Sahlah. (26) In the Original and A: "kull" (every). (27) In the manuscripts: "Qar' al-Mahdi". The correction is from the marginalia of al-Mushtabih 508. Ibn 'Abd al-Hakam mentioned his story and said: He witnessed the conquest of Alexandria in the second time. Futuh Misr 178. (28) Omitted from: Original, A. (29) In A: "al-nas" (the people). (30) In A: "fa-ashamu" (so they assigned a share). (31) Omitted from: Original, A, B. (32) Its authentication has preceded in: 6/599.

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