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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 9 · Page 291Section

Translation · EN

I saw the Messenger of Allah, peace and blessings of Allah be upon him, doing with it exactly as I have done." This is agreed upon. It is also narrated from al-Hasan ibn Muhammad ibn al-Hanafiyyah that he said: "They differed regarding these two shares - meaning the share of the Messenger, peace and blessings of Allah be upon him, and the share of the kinsfolk - so their opinion reached a consensus to place them in [securing] horses and military equipment in the way of Allah. Thus, they remained [used] for horses and equipment in the way of Allah during the caliphates of Abu Bakr and Umar."

Section: The Messenger of Allah, peace and blessings of Allah be upon him, was entitled to the safiyy (special asset) from the spoils of war. This is a thing he would select from the spoils before the distribution, such as a slave girl, a male slave, a garment, a sword, or the like. This is the opinion of Muhammad ibn Sirin, al-Sha'bi, Qatada, and others among the scholars. Most of them said that this ceased upon the death of the Prophet, peace and blessings of Allah be upon him. Ahmad said: "The safiyy was a special entitlement of the Prophet, peace and blessings of Allah be upon him, which did not remain after him." We do not know of any dissenter regarding this except Abu Thawr, for he said: "If the safiyy was established for the Prophet, peace and blessings of Allah be upon him, then the Imam may take it in the same manner as the Prophet, peace and blessings of Allah be upon him, used to take it, and place it in the same category as the share of the Prophet, peace and blessings of Allah be upon him, from the fifth of the fifth." He thus combined hesitation regarding it during the life of the Prophet, peace and blessings of Allah be upon him, and opposition to the consensus regarding its continuation after his death. Ibn al-Mundhir said: "I do not know anyone who preceded Abu Thawr in this opinion." Some people have denied that the safiyy was for the Prophet, peace and blessings of Allah be upon him, and they argued based on what 'Amr ibn Shu'ayb narrated from his father, from his grandfather, that the Messenger of Allah, peace and blessings of Allah be upon him, lifted a tuft of hair from the back of a camel and said: "It is not lawful for me from what Allah has bestowed upon you, not even [a thing] like this, except for the fifth, and it is returned to you." Narrated by Sa'id. It was also narrated by Abu Dawud with his chain of transmission from

Notes

(6) Extracted by al-Bukhari, in: The chapter on the Battle of Khaybar, from the Book of Military Expeditions (Maghazi), and in: The chapter on the statement of the Prophet, peace and blessings of Allah be upon him: "We do not leave inheritance; what we leave is charity," from the Book of Prescribed Shares (Fara'id). Sahih al-Bukhari 5/178, 8/185. And Muslim, in: The chapter on the statement of the Prophet, peace and blessings of Allah be upon him: "We do not leave inheritance; what we leave is charity," from the Book of Jihad. Sahih Muslim 3/1380, 1381. It was also extracted by Imam Ahmad, in: Al-Musnad 1/4. (7) Omitted from A. (8) Extracted by 'Abd al-Razzaq, in: The chapter on mentioning the fifth and the share of the kinsfolk, from the Book of Jihad. Al-Musannaf 5/238. (9) In M: "exclusively". (10) In the original, A, and M: "a camel". (11) In: The chapter on what has been narrated regarding the distribution of spoils. Sunan Sa'id ibn Mansur 2/275, 276. (12) In: The chapter on the Imam appropriating a portion of the fay' (spoils), from the Book of Jihad. Sunan Abi Dawud 2/74, 75. But from

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