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Hadith 139
اُردوEn
قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " أَيُّمَا قَرْيَةٍ أَتَيْتُمُوهَا وَأَقَمْتُمْ فِيهَا فَسَهْمُكُمْ "، وَأَظُنُّهُ قَالَ : فَهِيَ لَكُمْ أَوْ نَحْوَهُ مِنَ الْكَلامِ، وَأَيُّمَا قَرْيَةٍ عَصَتِ اللَّهَ وَرَسُولَهُ، فَإِنَّ خُمُسَهَا لِلَّهِ وَرَسُولِهِ ثُمَّ هِيَ لَكُمْ "
And the Messenger of Allah, peace and blessings be upon him, said: "When you go to any town and stay there," I think then he said: "then your share will be in that town or it will be your property." Or something similar to this. "And whichever town (people) disobey Allah and His Messenger, then in the case of victory, one fifth of it is for Allah and His Messenger, then that too is for you."
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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
