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صحيح البخاري
Bukhari
كتاب الجهاد والسير
The 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)?
Sahih Bukhari 3069 — If Al-Mushrikun take the property of a Muslim
حَدَّثَنَا أَحْمَدُ بْنُ يُونُسَ ، حَدَّثَنَا زُهَيْرٌ ، عَنْ مُوسَى بْنِ عُقْبَةَ ، عَنْ نَافِعٍ ، عَنْ ابْنِ عُمَرَ رَضِيَ اللَّهُ عَنْهُمَا ، " أَنَّهُ كَانَ عَلَى فَرَسٍ يَوْمَ لَقِيَ الْمُسْلِمُونَ وَأَمِيرُ الْمُسْلِمِينَ يَوْمَئِذٍ خَالِدُ بْنُ الْوَلِيدِ بَعَثَهُ أَبُو بَكْرٍ ، فَأَخَذَهُ الْعَدُوُّ فَلَمَّا هُزِمَ الْعَدُوُّ رَدَّ خَالِدٌ فَرَسَهُ " .
Narrated Ibn `Umar: That he was riding a horse on the day, the Muslims fought (against the Byzantines), and the commander of the Muslim army was Khalid bin Al-Walid who had been appointed by Abu Bakr. The enemy took the horse away, and when the enemy was defeated, Khalid returned the horse to him.
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
It is understood from this that if any property belonging to a Muslim falls into the possession of an enemy harbi (combatant) disbeliever, then after the victory of Islam, that property will be returned to its original Muslim owner; it will not be included among the spoils of war (amwal-e-ghanīmah).
It is understood from this that if any property belonging to a Muslim falls into the possession of an enemy harbi (combatant) disbeliever, then after the victory of Islam, that property will be returned to its original Muslim owner; it will not be included among the spoils of war (amwal-e-ghanīmah).
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 3069
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
Imam Bukhari rahimahullah means that even when the disbelievers have dominance, the wealth belonging to a Muslim that is in their possession cannot be distributed as spoils of war (ghanimah); rather, that wealth should be returned to the Muslim who owns it, whether he identifies it before the distribution of the spoils or recognizes it afterwards.
Some individuals are of the opinion that when the disbelievers loot property and take it to their own land, they become its owners.
However, from the incident mentioned in these ahadith, it is established that if the wealth of a Muslim falls into the hands of a harbi (belligerent) disbeliever, then after victory, that wealth will be returned to its original Muslim owner.
It will not be included among the spoils of war (amwal ghanimah).
Imam Bukhari rahimahullah means that even when the disbelievers have dominance, the wealth belonging to a Muslim that is in their possession cannot be distributed as spoils of war (ghanimah); rather, that wealth should be returned to the Muslim who owns it, whether he identifies it before the distribution of the spoils or recognizes it afterwards.
Some individuals are of the opinion that when the disbelievers loot property and take it to their own land, they become its owners.
However, from the incident mentioned in these ahadith, it is established that if the wealth of a Muslim falls into the hands of a harbi (belligerent) disbeliever, then after victory, that wealth will be returned to its original Muslim owner.
It will not be included among the spoils of war (amwal ghanimah).
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 3069
