أَخْبَرَنَا
أَحْمَدُ بْنُ حَفْصِ بْنِ عَبْدِ اللَّهِ , قَالَ : حَدَّثَنِي
أَبِي , قَالَ : حَدَّثَنِي
إِبْرَاهِيمُ , عَنْ
يَحْيَى بْنِ سَعِيدٍ , عَنْ
عَمْرِو بْنِ شُعَيْبٍ , عَنْ
عَبْدِ اللَّهِ بْنِ أَبِي نَجِيحٍ , عَنْ
مُجَاهِدٍ , عَنِ
ابْنِ عَبَّاسٍ , قَالَ : " نَهَى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنْ بَيْعِ الْمَغَانِمِ حَتَّى تُقْسَمَ , وَعَنِ الْحَبَالَى أَنْ يُوطَأْنَ حَتَّى يَضَعْنَ مَا فِي بُطُونِهِنَّ , وَعَنْ لَحْمِ كُلِّ ذِي نَابٍ مِنَ السِّبَاعِ " .
´It was narrated that Ibn 'Abbas said:` "The Messenger of Allah forbade selling something from the spoils of war prior to its distribution, having intercourse with a pregnant woman until she gives birth, and (eating) the flesh of any predator that has fangs.
Explanation & Benefits
Hafiz Muhammad Ameen
(1) “Distribution of war booty (mal-e-ghanīmat)” — In the Age of Ignorance (Jāhiliyyah), it was customary that a person participating in battle would say to another person that whatever share I receive from the war booty, I sell it to you for such-and-such amount, even though he had not yet become the owner of his share, nor was it known what would come in his share. It is evident that the Shariah absolutely does not permit the sale of an unknown (majhūl) or non-owned (ghayr mamlūk) item.
(2) “Pregnant slave-woman (hāmilah)” — That is, a slave-woman who has become pregnant from her previous husband or owner. If she falls into someone’s hands during war or someone purchases her, then until the child is born, it is forbidden (harām) for the new owner to have intercourse (jamā‘) with her, because the pregnancy belongs to another person. He has no right to interfere in this matter.
(3) “Those with fangs (kachlī walay)” — “Kachlī” refers to the pointed tooth, which is located on either side of the four middle teeth. Here, it refers to predatory animals, which we call beasts of prey (darindah), because such animals necessarily have these teeth, whereas non-predatory animals do not. The prohibition (hurmah) of predatory animals has already been mentioned previously.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4649