صحيح البخاري
Bukhari
كتاب الجهاد والسيرThe Book of Jihad (Fighting For Allah’S Cause)
بَابُ إِذَا غَنِمَ الْمُشْرِكُونَ مَالَ الْمُسْلِمِ ثُمَّ وَجَدَهُ الْمُسْلِمُ:Chapter. If Al-Mushrikun take the property of a Muslim as war booty and later on the Muslim gets it back (on overcoming them), (does the owner have the right to get it back or should it be included in the war booty gained by the Muslims)?
Hadith 3067
اُردوEn
قَالَ ابْنُ نُمَيْرٍ : حَدَّثَنَا عُبَيْدُ اللَّهِ ، عَنْ نَافِعٍ ، عَنْ ابْنِ عُمَرَ رَضِيَ اللَّهُ عَنْهُمَا ، قَالَ : " ذَهَبَ فَرَسٌ لَهُ فَأَخَذَهُ الْعَدُوُّ فَظَهَرَ عَلَيْهِ الْمُسْلِمُونَ فَرُدَّ عَلَيْهِ فِي زَمَنِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَأَبَقَ عَبْدٌ لَهُ ، فَلَحِقَ بِالرُّومِ فَظَهَرَ عَلَيْهِمُ الْمُسْلِمُونَ فَرَدَّهُ عَلَيْهِ خَالِدُ بْنُ الْوَلِيدِ بَعْدَ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ " .
Narrated Nafi' (ra): A horse of Ibn 'Umar fled and the enemy took it. Then the Muslims conquered the enemy and the horse was returned to him during the lifetime of Allah's Messenger (saws). And also, once a slave of Ibn 'Umar (ra) fled and joined the Byzantines, and when the Muslims conquered them, Khalid bin Al-Walid returned the slave to him after the death of the Prophet (saws).
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
There is a difference of opinion on this issue.
The Shafi'is and the Ahl al-Hadith hold that disbelievers (kuffar) cannot become owners of any property belonging to Muslims, and whenever a Muslim's property is found in their possession, it should be returned to that Muslim, whether the property has been distributed or not.
According to Imam Malik and Ahmad, after the property has been distributed, it will not be returned to the Muslim.
And Imam Abu Hanifah rahimahullah says that when the disbelievers seize property and reach their own country with it, they become its owners. Imam Bukhari rahimahullah has brought this chapter to refute their view.
There is a difference of opinion on this issue.
The Shafi'is and the Ahl al-Hadith hold that disbelievers (kuffar) cannot become owners of any property belonging to Muslims, and whenever a Muslim's property is found in their possession, it should be returned to that Muslim, whether the property has been distributed or not.
According to Imam Malik and Ahmad, after the property has been distributed, it will not be returned to the Muslim.
And Imam Abu Hanifah rahimahullah says that when the disbelievers seize property and reach their own country with it, they become its owners. Imam Bukhari rahimahullah has brought this chapter to refute their view.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 3067
