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سنن ابي داود
Abu Dawud
كتاب الخراج والفيء والإمارةTribute, Spoils, and Rulership (Kitab Al-Kharaj, Wal-Fai Wal-Imarah)
باب فِي إِيقَافِ أَرْضِ السَّوَادِ وَأَرْضِ الْعَنْوَةِChapter: Making Endowments Of The Lands Of As-Sawad, And The Lands That Were Conquered By Force.
Hadith 3036
اُردوEn
حَدَّثَنَا أَحْمَدُ بْنُ حَنْبَلٍ ، حَدَّثَنَا عَبْدُ الرَّزَّاقِ ، حَدَّثَنَا مَعْمَرٌ ، عَنْ هَمَّامِ بْنِ مُنَبِّهٍ ، قَالَ : هَذَا مَا حَدَّثَنَا بِهِ أَبُو هُرَيْرَةَ ، عَنْ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، وَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " أَيُّمَا قَرْيَةٍ أَتَيْتُمُوهَا وَأَقَمْتُمْ فِيهَا فَسَهْمُكُمْ فِيهَا وَأَيُّمَا قَرْيَةٍ عَصَتِ اللَّهَ وَرَسُولَهُ فَإِنَّ خُمُسَهَا لِلَّهِ وَلِلرَّسُولِ ، ثُمَّ هِيَ لَكُمْ " .
Abu Hurairah reported the Messenger of Allah ﷺ as saying “Whatever town you come to and stay in, your portion is in it, but whatever town disobeys Allaah and His Messenger a fifth of it goes to Allaah and His Messenger and what remains is yours. ”
Related hadith on this topic
Brief Explanation
1؎: That is, unlike war booty (ghanimah), that village will not be distributed among you, because it has been acquired without battle; rather, the Imam has the authority to give from it to whomever and in whatever amount he wishes.
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
From this narration, it apparently seems to be understood
that the land acquired as a result of fighting should, after extracting the khums (one-fifth share), be distributed among the warriors as spoils of war (ghanimah).
And above, the position of Imam Abu Dawud and that of Umar radi Allahu anhu has been stated to be contrary to this.
The reconciliation and harmonization in this matter is as follows, as is the statement of Imam Malik:
That regarding such lands, after the consensus of all those Muslims among whom this land is to be distributed, the leader of the Muslims (Imam al-Muslimin) may exercise discretion.
From this narration, it apparently seems to be understood
that the land acquired as a result of fighting should, after extracting the khums (one-fifth share), be distributed among the warriors as spoils of war (ghanimah).
And above, the position of Imam Abu Dawud and that of Umar radi Allahu anhu has been stated to be contrary to this.
The reconciliation and harmonization in this matter is as follows, as is the statement of Imam Malik:
That regarding such lands, after the consensus of all those Muslims among whom this land is to be distributed, the leader of the Muslims (Imam al-Muslimin) may exercise discretion.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3036
