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السنن الكبرى للبيهقي
Sunan al-Kubra al-Bayhaqi
كتاب قسم الفيء والغنيمة
Book of the Division of Fai and Spoils of War
باب: وجوب الخمس في الغنيمة والفيء، ومن قال: لا تخمس الجزية وما في معناها
Chapter: The obligation of the fifth in spoils and fay, and those who said: No fifth is taken from the jizyah and the like
Bayhaqi Q12720 — The obligation of the fifth in spoils and fay
اُردوEn
قَالَ الشَّافِعِيُّ: وَالْغَنِيمَةُ وَالْفَيْءُ يَجْتَمِعَانِ فِي أَنَّ فِيهِمَا مَعًا الْخُمُسَ مِنْ جَمِيعِهِمَا لِمَنْ سَمَّاهُ اللهُ لَهُ فِي الْآيَتَيْنِ مَعًا وَقَالَ فِي الْقَدِيمِ: إِنَّمَا يُخَمَّسُ مَا أُوجِفَ عَلَيْهِ.
Imam al-Shafi'i (may Allah have mercy on him) said: "Ghanimah (spoils of war) and fay' are alike in that, from the whole of both of them, the khumus (one-fifth) belongs to those whom Allah Almighty has named in the two verses."
And he said in his old (opinion): "The khumus is taken only from that wealth which was obtained by spurring on (horses and camels) against it (that is, by fighting)."
And he said in his old (opinion): "The khumus is taken only from that wealth which was obtained by spurring on (horses and camels) against it (that is, by fighting)."
