21.

The Book on Military Expeditions

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كتاب السير عن رسول الله صلى الله عليه وسلم

Abu Qatadah narrated that the Apostle of Allah (صلى الله عليه وآله وسلم) said, ‘whoever kills someone in battle, having a proof for that, then his goods are his.’ Imam Tirmidhi said, there is a story with this Hadith. There is another chain for this Hadith with similar meaning. There are narrations on this topic from Awf bin Malik, Khalid bin Al-Walid, Anas, and Samurah (رضي الله تعالى عنهم). This Hadith is Hasan Sahih. Abu Muhammad is Nafi' the freed slave of Abu Qatadah. This is acted upon according to some of the people of knowledge among the Companions of the Prophet ( صلى الله عليه وآله وسلم) and others. It is the view of Al-Awza'i, Ash-Shafi'i and Ahmad. Some of the people of knowledge said that the Imam takes Khumus from those goods. Ath-Thawri said, the Nafl is when the Imam says, 'whoever got something, then it is his. And whoever killed a fighter, then his goods are his.' So, it is allowed, and there is no Khumus taken from it.’ Ishaq said, ‘the goods are for the one who did the killing, unless it is something that is a large amount.’ So, he saw that the Imam could take the Khumus from that, just as Umar bin Al-Khattab (رضي الله تعالى عنه) did.