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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 13 · Page 99Section

Translation · EN

al-Juzajani. Imam Ahmad narrated (8), with his chain of narration from Abd al-Rahman ibn Khubayb (9), who said: I came to the Messenger of Allah (peace and blessings of Allah be upon him) while he was intending a military expedition, I and a man from my people, and we had not yet embraced Islam. We said: We are ashamed that our people should witness an event that we do not witness with them. He said: "Have you two embraced Islam?" We said: No. He said: "For we do not seek the assistance of polytheists against polytheists." He said: So we embraced Islam, and we participated with him. And because he is not trusted regarding the Muslims, he resembles the one who discourages or spreads rumors. Ibn al-Mundhir said: What has been mentioned regarding his seeking assistance from them is not established.

Section: The reward (radkh) for a horseman does not reach the share of a horseman, nor does the reward for a foot soldier reach the share of a foot soldier, just as the discretionary punishment (ta'zir) does not reach the legal penalty (hadd). The Imam does with the recipients of the reward what he deems appropriate; he grants preference to the fighting slave, and the one of valor, over those who are not like him (10), and he gives preference to the fighting woman, and the one who provides water, treats the wounded, and provides benefit, over others. If it is said: Why did you not make them equal, just as you made the recipients of shares (sahman) equal? We reply: The share is explicitly ordained and is not left to ijtihad (discretionary judgment) (11), so it does not vary, like the legal penalty and the blood money (diya) of a free person. The reward, however, is not fixed; rather, it is subject to ijtihad and is referred to the discretion of the Imam, so it varies, like discretionary punishment and the valuation of a slave.

Section: There are two views regarding the reward (radkh); one of them is that it is from the original spoils, because it is deserved by assisting in the acquisition of the spoils, so it resembles the wages of those who transport and guard them. The second is that it is from the four-fifths, because it is deserved by witnessing the battle, so it resembles the shares of the warriors. Al-Shafi'i has two sayings similar to these two.

Notes

(8) In: al-Musnad 3/454. It was also recorded by al-Bayhaqi, in: Chapter on what has been narrated regarding seeking assistance from polytheists, from the Book of Siyar. al-Sunan al-Kubra 9/37. It is also in Tabaqat Ibn Sa'd 3/534. (9) In the manuscripts: "Habib". In al-Musnad, al-Sunan al-Kubra, and al-Tabaqat al-Kubra: "From Khubayb ibn Abd al-Rahman, from his father, from his grandfather". (10) In B: "bi-mithlihi" (one like him). (11) In A, M: "the ijtihad of the Imam". (12) Omitted from: B, M. (13) In A: "yustahaqq" (is deserved).

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