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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 4 · Page 188Section

Translation · EN

of the Faithful," so he wrote to 'Umar, and 'Umar wrote back to him: "Leave it until the offspring of the offspring can be provided for from it." The Qadi said: It was not reported from the Prophet (peace and blessings of Allah be upon him), nor from any of the Companions, that he divided any land conquered by force except for Khaybar.

Section: Ahmad said: Who manages the land of treaty (sulh) and the land of force ('anwah), and from where is it, and to where does it go? He said: The land of al-Sham is [land of] force, except for Hims and another place. He said: What is below the river is [land of] treaty, and what is beyond it is [land of] force. He said: The Muslims conquered al-Sawad by force, except for what was by treaty, which is the land of al-Hirah and the land of Baniqiya. He said: Regarding the land of al-Rayy, they were confused in its matter. As for what was conquered by force, it is from Nahawand to Tabaristan, and it is kharaj land. Abu 'Ubayd said: The land of al-Sham is [land of] force, except for its cities, for they were conquered by treaty, except for Caesarea, which was conquered by force; and the land of al-Sawad, al-Jabal, Nahawand, al-Ahwaz, Egypt, and the Maghrib. Musa ibn 'Ali ibn Rabah said on the authority of his father: The entire Maghrib is [land of] force. As for the land of treaty, it is the land of Hajar, Bahrain, Ayla, and Dumah al-Jandal,

Notes

(14) In A, B, and M: "ya'ruwa". (15) Abu 'Ubayd said, I think he meant: that it should be a fai' held for the Muslims as long as they beget offspring, inherited by one generation from another, so it would be a strength for them against their enemy. (16) The conjunction 'wa' was omitted from A and M. (17) In A and M: "Maniqiya" [which is] a distortion. Baniqiya: A district from the districts of Kufa. (18) In A and M: "al-thara" [which is] an error. (19) In A and M: "min". (20) Nahawand: A great city, in the qibla direction of Hamadhan, between them is three days [of travel]. Mu'jam al-Buldan 4/827. (21) Tabaristan: Vast and numerous lands, neighboring Gilan and Daylam, between al-Rayy, Qumis, the sea, the lands of Daylam, and the mountains. Mu'jam al-Buldan 3/502. (22) Caesarea: A city on the coast of the Sea of al-Sham, considered among the districts of Palestine. Mu'jam al-Buldan 4/214. (23) In A and M: "wa-al-hall" [which is] an error. (24) Bahrain: A collective name for lands on the coast of the Indian Ocean between Basra and Oman. Mu'jam al-Buldan 1/506. (25) Ayla: A city on the coast of the Sea of Qulzum, in the direction of al-Sham. Mu'jam al-Buldan 1/422. (26) In A and M: "wa-al-Jandal" [which is] an error. Dumah al-Jandal is seven stages from Damascus, between it and the city of the Prophet (peace and blessings of Allah be upon him). Mu'jam al-Buldan 2/625.

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