وعن أبي هريرة رضي الله عنه أن رسول الله صلى الله عليه وآله وسلم قال : « أيما قرية أتيتموها فأقمتم فيها فسهمكم فيها وأيما قرية عصت الله ورسوله فإن خمسها لله ورسوله ثم هي لكم » رواه مسلم.
Abu Hurairah (RAA) narrated that The Messenger of Allah (ﷺ) said: “Whichever town you take peacefully (they surrendered without, fighting), and stay therein, you have a share in it (in whatever is obtained from it); and whichever town disobeys Allah and His Messenger, a fifth of (its booty) goes to Allah and His Messenger and what remains is yours. Related by Muslim.
Explanation & Benefits
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه مسلم، الجهاد والسير، باب حكم الفيء، حديث:1756.»©Explanation:
➊ It is understood from this hadith that the one-fifth (khums) is not taken out from the wealth of fay’; those who hold the view that it is obligatory, this hadith refutes their opinion.
➋ Ibn al-Mundhir said: We do not know of anyone before Imam Shafi’i rahimahullah who held the view that khums is to be taken from the wealth of fay’.
➌ In this hadith, the first town mentioned refers to a town where no fighting took place.
In this case, the share of the mujahideen is equal to that of other common Muslims.
And the town mentioned later refers to a town where fighting did take place.
In this case, one-fifth (khums) will be taken out and the remainder will be distributed among the mujahideen.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 1122