Hatem al-Haj – FQJ03 Fiqh of Jihad — Chapter on the Bounties of War

Hatem al-Haj
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The speakers discuss the term " war spoils" and its relation to actions of individuals during war. They emphasize the importance of transparency and disclosure in various fields, including politics and publicity. The speakers also touch on the controversial actions of the Hana and Maliki during the Battle of honey, and the potential for failure in war due to the use of military equipment and the need for more women to fight. The speakers stress the need for transparency and disclosure in various fields, including politics and publicity.

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			To set an audience
		
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			to proceed, today inshallah we will talk about
		
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			two chapters from the book of rehab. first chapter is on Allen fan. And fan means bounties of war,
the second chapter will be on China and that is war spoils, we will also address
		
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			two other concepts related to material earnings or gains from more.
		
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			One of them is a setup, that's personal booty. And the other one is an fi, which would be booty
earned without war, without engagement.
		
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			Without engagement, and war.
		
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			These are all the different
		
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			concepts that are related to war, you could say this is number one of though this will be the second
chapter, or you say this is number two.
		
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			Anyway, so it is
		
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			basically a concept that may sound to some people ironic to talk about in a religious class.
		
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			Why is this, I mean, it, it is not.
		
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			Basically,
		
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			it's not difficult to understand the difficulty that people may have about a concept of this nature.
		
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			Very simply, if you look at the definition of booty or spoils
		
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			the current definition of booty or spoils it will be about stealing and looting.
		
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			The concept of looting, getting war is a concept of that is,
		
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			is a vocation.
		
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			So the concept of
		
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			looting and the concept of
		
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			basically seizing the property of others, is a concept that makes some people uncomfortable, even
though it is a war. And it is basically not only about property, it's also about the lives of
people.
		
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			And as we talked before, the concept of war and Islam or the just war and Islam is a very coherent
concept.
		
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			Now, in this context of just war, in this context of just the war, let us try to basically
deconstruct the,
		
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			the basis of the discomfort
		
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			not to make us comfortable with it, because we basically wanted to have it back. We want for
instance, to repeal the Geneva Conventions or anything of that nature, we will come to see why Islam
would welcome such developments. And why Islam in terms of the value system of Islam,
		
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			pointed to such values and promoted such values that will later be
		
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			sort of interpreted and conventions like the Geneva Conventions for instance. And we will do this
methodically and objectively, it's not just mere emotions or zeal for our religion.
		
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			So the concept of war booty, why was it allowable for people to take the property of others during
war, and
		
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			and set up a personal booty or a personal fighters gear and phi, that is booty without engagement
and so on. You have to understand that there were no standing armies at the time, particularly when
it comes to
		
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			the companions and when it comes to the the Arabs and and that period of time. There were no
standing armies. The Romans and Persians also recruited people for their own wars, because they
could not afford to have such huge standing armies. They did have standing armies, but they also
recruited for the purpose of war. The models
		
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			operandi of that time was to finance war through booty. That is basically the way war was financed
at the time, because they have, you know, you can think about standing armies of 1000s of 10s of
1000s of hundreds of 1000s of people that you pay, like, Who's going to pay for those people. So
people used to volunteer,
		
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			to go to war. And the war was largely financed through booty, or war spoils. So now, for the
revelation, that revelation
		
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			basically descends on people that are living within a certain reality. And in for the revelation to
completely dismiss the reality would be imprudent for the revelation to talk to the people without
factoring in their reality that they live in. And to point them ideals that are unattainable in
their within their context, within their circumstances, it would not be doable, to put the fighters
for the cause of justice, at a severe disadvantage against the fighters for the cause of tyranny
would not be prudent. If the fighters for the cause of tyranny, would get to get the spoils of war,
the booty and everything, every time there is engagement, and the fighters for the cause of justice
		
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			will be required to give up all the booty every time,
		
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			then it would be a severe disadvantage, that will impede the progress of the cause itself, the cause
of goodness and the cause of justice, the cause of God. So within the context of just war, and
within the context, not not all the time war, waged by Muslims was just, we're talking about two
decades within the context of just war that was prescribed in the scriptures. And within the context
of just the war that was conducted. By the early generations. We're saying that the idea of war
booty was an idea that was one, the modus operandi of the time to, it would have put the fighters
for the cause of justice had a severe disadvantage
		
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			to to deprive them of that resource. Three, it would have impeded the cause of justice itself,
because people would have not been able to defend the cause of justice.
		
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			And Allah wanted, wanted the believers to engage with their realities based on the universe of laws,
you could say, well, why didn't lodges support them with money from the heavens, or weapons from the
heavens, and instead of looting,
		
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			you know, towns and villages and so on and so forth? Well, that doesn't it doesn't work this way. We
know that Allah wants everyone to deal with the universal laws that he instilled Otherwise, there
would be no test of the believers would have magical or you know, miraculous powers. There would be
no test in this life. Everybody would believe in this case. So
		
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			so that's why war booty was, you know, permitted, it was permitted for people to
		
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			acquire such war spoils, and beef before I proceeded a couple of more things that I wanted to say.
		
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			One of them is
		
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			that is Islam did not really make this up. This was this was legislated in the previous books. I'm
going to read from the 2014. Only the women and the children in Deuteronomy 2014. Only the women and
the children, hand the animals and all that is in the city, or that's for him. You shall take as
booty for yourself and usually you
		
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			This point of your enemies, which the Lord your God has given you.
		
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			So basically, don't tell me this is an Islamic thing. It is basically
		
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			an established sort of more than operandi of those times. And it is also has been also revealed and
permitted, sanctioned. They are the acquisition of war booty sanctioned by previous scriptures. Why
did Islam not prevented? I said, because it's not wanted us to deal with the world as it existed.
And it would have put them at severe disadvantage if they were prevented from acquiring such worse
points.
		
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			And this, you know, the when I say that this was the modus operandi of the time, oftentimes people
say, you guys always compare yourselves to the occident. So it is,
		
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			you're always comparing yourself to Europe, why don't you compare yourselves to the rest of the
world?
		
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			Because it's not only about you and Europe. Of course, it's not only about us, and Europe, it's not
only about the sort of traditional Islamic,
		
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			Muslim versus Christendom.
		
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			But this has been the case throughout the world. Up until recently, we're not talking about the very
distant past. We're talking about very recently, we're talking about Japan, looting China in World
War Two, that is 1900s, not nine hundreds, oh, everybody knows how much Japan basically took or
acquired. And this was not necessarily a just war, and atrocities have been committed by by Japan,
against China, or against the Chinese people. So we're not defending that war. But we're saying that
the idea of war spoils or booty is not a foreign idea to the world. It's not an Islamic legislation
has been basically prescribed by previous scriptures.
		
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			And it has been the modus operandi of humanity throughout its history. Now, Islam wants to come and
regulate this regulator, it's important to regulate, because it is not like, certainly when you have
so many regulations, as we said, in the past, when you have so many,
		
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			the past lecture,
		
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			it means that this is this is not like basically a rogue war or rogue armies that are being because
who would be the commander that wants to restrain his fighters and impose so many restrictions on
their fighters during those times during those times? This is not. This was not the modus operandi
of the time to have so many regulations. That is what Islam contributed at that time. And last time,
we talked about the choices that the Imam was given, and we read from
		
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			even a overview of where we're at from Amazon.
		
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			But we didn't comment on the four choices that he mentioned. He said that in terms of the Osada or
the captives of war, the captives of war. The Eman has one of four choices.
		
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			One or four choices,
		
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			basically death
		
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			enslavement.
		
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			manland.
		
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			So ransom
		
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			or a gracious release?
		
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			gracious release.
		
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			So these are the four options that the Imam has
		
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			come, that's what that email Kodama said. So some of you may, may know, and I'm sorry, I missed that
portion. Last time I should have talked about last time. So some of you may have said, Well, that
sounds very cruel, giving prisoners of war.
		
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			Sounds very cruel. Again, like I said, there is much presenteeism in that which means we're judging
the past by the standards of the current times. And that is a logical fallacy.
		
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			That is
		
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			basically incoherent. judging the past by the standards of the current times, it is not a good way
of examining history, it is not a good way of examining the trajectory of the species, you know, the
human race, not a good way, you have to judge the past within its own contexts. So, but at any rate,
some of you may say that still sounds, you know,
		
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			cruel, and it may sound crew getting captives of war, and you don't need basically to shy away from
those feelings because those are justified feelings and
		
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			we want to basically cultivate our humanity, not suppressing.
		
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			So let me tell you this, that you will find that Abner roster for instance, in his book with so much
died when it happened Mufasa you find that Neeraj, the reporting from Hassan Abu Muhammad Tamimi
that the companions had agreed
		
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			the consensus of the companions knuckle Allah, Hassan, Abu Mohammed Hamid, Moussa, that Muhammad,
Muhammad Tamiya reported the consensus of the companions of the Prophet told them that prisoners of
war are not to be killed, prisoners of war cannot be killed.
		
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			So how is it that the prevalent sort of discourse in the tradition is it just sounds like what is
happening here? I mean, if you have a consensus of the companions, and then just like a light
switch, and you know, you have four different options,
		
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			then people may say, So what happened? Why is it all of a sudden, so dark here?
		
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			You're the consensus of the companions is based on a verse in the Quran, and then sort of Muhammad
Allah subhanaw taala said,
		
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			For the
		
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			moment, for sure, dude was phenomenal. We
		
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			had talked about horrible I was. So if you encounter the disbelievers then strike their necks.
That's a merciful way of getting the by the way.
		
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			So
		
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			until you have caused the great
		
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			basically, harm to them, and some of the translators of that great slaughter, I wouldn't actually
translate that this way.
		
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			hotter, more home, like you debilitated their army like which is the objective of any war.
		
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			For sure, then, you know, make secure the ties or the bonds
		
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			for a man and bow to mF thereafter.
		
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			It's either gracious release or ransom. that these are the two options that the Parang the crown
gave,
		
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			had
		
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			ozada anti
		
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			war lays down its burdens. And then war lays down its burdens I was out.
		
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			So the so where did we get come up with these to have supper and has given us only two options, that
is gracious release, or ransom, the sun, the practice of the Prophet sallallahu Sallam and the
companions. So the practice of the Prophet sallallahu Sallam and the companions, it is hard to argue
against enslavement and the practice of the prophets of Solomon the companions, pirate argue against
thus, given the
		
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			the sort of the
		
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			the volume of reports about enslavement of the defeated in war.
		
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			However, there has to be also said that in during the time of the prophet SAW suddenly it was never
reported that the Prophet enslave a free man
		
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			via war was usually the women and children. And someone may also need to remember that the women
whose husbands and protectors have been killed in war, if they would not have someone to look after
them. This was, you know, the Arabian desert.
		
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			It's not like you're going to go home and apply for a job or get sort of the life insurance from
your husband.
		
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			Stop labor's
		
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			so you don't have to fend for yourself. You don't have to find food to eat and fend for yourself to
be left without a caretaker without Ben, who would have put those women and children at a huge
disadvantage, a particular caretaker, because they would have been up for grabs.
		
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			And it would have been, like what happened in
		
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			basically, modern times.
		
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			You know, where, you know,
		
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			you all remember, like things that happened, the modern times of this nature. But
		
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			what I wanted to say here is that you can't argue against this particularly. But when it comes to
death, we have very rare incidents where the profits are some of them, or they're thus pow, or
executed, then extremely rare ones, mostly inauthentic. Whatever it is, that could still be
traceable to the Prophet sallallahu Sallam has authentic, those people would completely and
wholeheartedly wholeheartedly, I would say this with complete objectivity. Those people would be
classified as work criminals.
		
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			There were no Nuremberg Trials during those times, but the Prophet, the fairest of all human beings
held his own trials. And those were criminals were condemned to the US, because they weren't truly
workers, they, they completely qualified for being worked remnants.
		
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			So
		
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			So that's, you know, that's part of the they wanted to mention here before I proceed. Now, having
said that,
		
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			having said that,
		
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			and we talked about the justifiability and apologetics in general, you want to clarify the different
positions, you want to justify the different positions, particularly the mainstream position.
		
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			And you want
		
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			to
		
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			apply these positions to modernity in modern times, how do we deal with this? Now? So war booty POW
is? Would would, would we be interested, interested and key in on keeping the Geneva Conventions? Of
course, because we were not required to do this, we were allowed to do this. But we were, we were
actually encouraged to do men a gracious release. Just calling it men is an encouragement in and of
itself. To call it man, a religious person would want to do men. You know, one of the names of
allies and men man. So you want to gracious for the release people and that used to be the
		
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			I would say the modus operandi of the prophets Allah is release, release release. After in what did
he do? He released the captives. After Mecca. What did he do his Abu fantinato he released them.
		
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			Benny, Masada despite their aggressions and hostilities, when he married to IRA, all the Sahaba
released, you know the captives of variable static that
		
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			they had. And that's why I said they have not seen any woman more certain, that brought about more
blessing to her people than to IRA because when the prophet SAW that married her, all of her tribe,
the captives of war, were released. So that used to be gracious release used to be the modus
operandi of the Prophet sallallahu Sallam
		
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			during his time, so it was about releasing people semana when he came to kill the Prophet sallallahu
sallam, and he was caught. We know how the professor's hadn't treated him well, and he would say to
people accident in Sierra casino.
		
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			He would always tell people, be good to your captives. You know, that was one of these are also
criminal people. But still because they are now captives. They are now prisoners of war. They would
be told be good to captives. Do you know how they kept them? They could he could have actually put
them in a stable of like horses and have guards.
		
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			Make sure that they don't turn away. But the captives were distributed between the companions to
take their homes.
		
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			So that is, you know, it's not like, like a solitary, you know, the the companions took the captives
to their own homes, basically to take care of them, and to feed them and so on. Yes, they will be
tied, of course, because keep in mind that we're at the end of the day we are not sort of idealists
and Kuma here, completely disconnected from reality. We try to cultivate the great great values the
good cause of Allah subhanaw taala, with no reality that is not
		
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			that sterile. So we will have to deal with the reality as it is not as we wish it to work so.
		
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			So they used to tie them and keep them in their homes, and feed them won't
		
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			be miskeen nyrt my words were Sierra, and they feed the captives of war, despite their need for the
food and despite their sort of interest in the food for themselves, where they, they give the food
to the captives. Who were the captives, the prophet never captivate over, never basically
		
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			took the captivity, a Muslim, these were non Muslim captives, these were liquefied captives during
the time of the Prophet sallallahu sallam. So the excellent treatment of captives was always part of
the value system. Now, given that, and given given that gracious release was the one that operandi
and given that the Prophet sallallahu sallam, when it comes to that as the option for it was
limited, as we said, to war criminals,
		
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			then we could say that we would be interested, and we would be interested in signing the Geneva
Conventions as we hope Muslim countries signed, and we will be keen on keeping the Geneva
Conventions, and we will be keen on keeping this as the new modus operandi of our era or our
generation, now.
		
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			They beat us to it
		
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			possible, are we like, do we have to be necessarily
		
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			too upset about this? Now? We want
		
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			basically the good of humanity. And if someone beats us to something good, that's fine, too. I mean,
in terms of like, laying down the foundations for the Geneva Convention and inviting people to the
Geneva Convention and asking, you know, like pushing in that direction, certainly, you know, the way
the POW are treated and gunpowder, one hour, not necessarily.
		
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			consistent. But But at any rate,
		
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			it doesn't matter, there is no problem and heck modality moment. We don't have a problem with this
and we did not have a problem with the Geneva Conventions.
		
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			The time of their signing, whether in late
		
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			19th century or in the middle of the 20th century.
		
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			Okay. Why because we were these values and these ends, we were already pointed to these values and
the songs and honestly speaking, you know, that applies to other things as well. Just like you have
to understand that
		
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			there are certain things that you know, that we could be,
		
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			we could be beat into that, that will be fine, as long as we are not beating to the principal.
		
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			We can learn from the applications of the principal, or we have we been beaten to the principle of
transparency and disclosure. Now, you know, that is a value that is embedded in our religion. The
Prophet sallallahu Sallam says, for instance, and beyond even fear of biani but fear Melania
		
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			in South Africa, Baba Yana Bodhi kalamaki Berry, in cassava, what cattle man Maki cut Baraka to obey
Him. So that to basically transactors in a same transaction, that's the buyer and the seller, they
have the option to option to terminate
		
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			as long as they have not separated, they have not separated physically according to the surveys and
bodies to leave physical separation they have not physically separated for in Sabah comma bagdana
ever they were truthful but that it's just safer.
		
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			For no slob, aka we're Vienna.
		
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			So subaqua that's truthful. Why, Brianna? That is what
		
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			this cause?
		
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			What is the difference between Sakaba Ghana, South Africa is the same the truth and to not say
falsehoods. So when I asked you, were you What was your car involved in an accident?
		
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			You would say the truth, right?
		
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			If your car was involved in an accident, and I did not ask you
		
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			to tell me that it was involved in an accident is Breanna
		
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			that's been transparent, this close. Now, when you see all the time, and of course, they've been as
many of these things, you know, like laws of plagiarism and things of that nature.
		
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			These are not particularly permanent, what about particularly common in and Muslim countries, and we
have to be honest about
		
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			the concept of disclosure, he is like every, like scientists starting their lecture, they have to
make a disclosure about sort of conflict of interest, financial interests, and so on and so forth.
transparency, you know, non for profit organizations, they need to be transparent, they need to be
to basically publish their financial reports every year and things of that nature. All of this,
isn't it all, under that concept, that value that was that we were talking about, that we were
encouraged to uphold, but maybe we have not basically developed in recent in modern times as, as
well as others.
		
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			With that prevent us from
		
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			taking a volatile moment for hakuba. What are they from reclaiming this wisdom that we have been
invited to that we have been taught about? And that we're learning some of its applications from non
Muslims? Now? We're learning some of the applications of Vienna from some non Muslims. No, I don't
think that I would have any discomfort with this at all.
		
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			So we're done with that part.
		
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			Now, we'll just go to
		
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			anyone is still uncomfortable with the idea of worse points.
		
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			Because if you want to, yeah, I want to just remove that discomfort first before we get to
		
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			open up with them as part here. So the line is booked on down which is a company primer.
		
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			That
		
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			hero
		
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			first sort of initial
		
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			book,
		
00:33:08 --> 00:33:13
			like the first out of his series, on on body fat
		
00:33:14 --> 00:33:18
			for different levels. So this was his level one,
		
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			not put on the diet in the year 620, after under the book of rehab, and the chapter on an on unfair
or Babylon, bounties of war have been having to put down I said, Well, here's the other thought
assignment, Mr. hopko. Here.
		
00:33:37 --> 00:33:49
			It means the extra rewards granted beyond the deserve share of the booty. And it is of three types.
It is all three types.
		
00:33:55 --> 00:34:00
			Let me just give you like a quick overview of the three types and then I go back to
		
00:34:02 --> 00:34:06
			one of the three types Is this a setup, which is personal booty.
		
00:34:12 --> 00:34:17
			One type is basically basically on
		
00:34:19 --> 00:34:41
			like, basically, extra bounties that were not previously stated by the commander. So the commander
decides that this guy did a good job. So let's give him a little bit more, you know, so someone who
did something particularly helpful
		
00:34:42 --> 00:34:48
			and consequential during the war, so it's unconditional.
		
00:34:53 --> 00:34:54
			Not unconditionally.
		
00:34:56 --> 00:35:00
			No, this one is is basically we
		
00:35:00 --> 00:35:00
			But
		
00:35:01 --> 00:35:09
			when the commander says to them, this is the most truth one, which means it's conditioned in the
sense of that
		
00:35:10 --> 00:35:56
			the commander would have beforehand promised this or that or this for that. This one is is without
previous promise with our previous condition or without previous promise. It just happened that
someone did a marvelous job during the war. So the Imam decided to give him in addition to his share
of the booty, extra bounties because of what they have done. So that's it. So let's hear what come
and say how to set up on maptool viral mcmmo saying the car T cell motto the viral moments in the
country recovered in Libya Somalia Southern
		
00:35:58 --> 00:36:06
			man tattler catiline Farah who said, well, who am I even the best was in our hand, were foreigners
who will be
		
00:36:09 --> 00:36:57
			so first the person that booty of each enemy is given without the usual five prank division to the
one who killed him. This is because of the statement of the Messenger of Allah sallallahu Sallam
anyone who has killed an enemy is entitled to his spoils. This refers to the clothes he was wearing
his jewelry and his horse with its gear, his horse with its gear, it is not it does not apply to
whatever else he owns. That's not on him has to be on him at the time of his death. It's not on him
it's not you know, it's not part of this. So Mankato, lock it down for them to celebrate who ever
comes an enemy combatant
		
00:36:59 --> 00:37:01
			has has basically
		
00:37:03 --> 00:37:11
			he's entitled to his spoils. These are the spoils that we are talking about here. Okay.
		
00:37:12 --> 00:37:20
			Now, personal booty or the setup or the gear the you know, the jewelry, the sword, the clothes, the
		
00:37:22 --> 00:37:31
			helmet, etc, all of that stuff that you acquire after you get an army can combatant.
		
00:37:32 --> 00:37:34
			The province has Adam gave them
		
00:37:35 --> 00:37:39
			gave the Warriors sat above those
		
00:37:42 --> 00:37:44
			army combatants or combatant enemies.
		
00:37:47 --> 00:38:25
			When did the Prophet sallallahu Sallam say this? He said this and when I in the Battle of honey. So
this was not the usual thing that the prophets of Allah Sutherland did. And that is why this is a
controversial issue. a controversial issue the controversy is is an interesting controversy.
Remember when we talked before about Menaka Orban mouth and whoever revives a barren land, it will
be his and we said that there is some controversy here. What was the controversy? With or without
the permission of the Imam?
		
00:38:27 --> 00:38:43
			That Is it his automatically or after the permission of the Imam? So the Hanafi said after the
permission of the Imam, everybody goes Hanafi No, that is you know, and the more sad it is
automatically if you revive a barren land, it's yours automatically.
		
00:38:45 --> 00:39:04
			Now, you know forget about everybody being happy nowadays, for practical reasons, pragmatic reasons.
But why did the Hanafi say that? Because they said that this was a command of the prophet in his
capacity as an Eman not as a prophet.
		
00:39:05 --> 00:39:47
			So we can emulate him but who would emulate him the Imams not the public. So it is the profits of
acting in his capacity as an Imam who would emulate the prophet in his capacity as an Imam, the
Imams and other public so that's how these according to the Hanafi is does not transfer ownership of
this land automatically to the rivers without with the permission of the Imam only. So the same
would apply here that the Prophet sallallahu Sallam Simon Katara petite and fella who said abou as
an Imam or as an as a prophet.
		
00:39:50 --> 00:39:59
			Okay, you've ever been Maliki here? I know that we have sort of outsiders. So yeah. So he said that
the province
		
00:40:01 --> 00:40:09
			Okay, you're being literalist here. Now, but that's very safaree position as well.
		
00:40:10 --> 00:40:18
			Okay, so the reason Maliki said he said that as an email, the Chava is and somebody said he said
that as a profit.
		
00:40:20 --> 00:40:21
			Okay, so
		
00:40:22 --> 00:40:33
			why would the 100 ps and Maliki say that he said that as a man, he said that this was not the usual
thing. He said that on her nine to encourage the people. And if you make it a general,
		
00:40:34 --> 00:40:40
			basic, the premise a basic, General commandment, you when
		
00:40:42 --> 00:41:00
			you will have problems, which problems than a year of the fighters than a year in killing will be to
acquire, not to preserve the life of people. But if someone is wearing like a lot of jewelry, you
would want to give him to acquire his seller.
		
00:41:02 --> 00:41:08
			Because if you take him as captive, not only him will be subject to fair the vision,
		
00:41:10 --> 00:41:24
			but also the stuff on him. So it's not the kind of he's a medic, he said that this was corrupt
peoples in a year, in addition to this, the hanafis and medic is will say that this would attract
fighters to
		
00:41:26 --> 00:41:54
			wealthier fighters, not necessarily braver fighters you want, you know. So the way it happened is
that those who ran to the stronger, bear bigger braver fighters were the celebrated ones, you know,
so if you are part part of an army, you would run to the stronger bigger braver fighter, but now
this may
		
00:41:55 --> 00:41:59
			encourage people to run to spy
		
00:42:00 --> 00:42:02
			engaged in sparring with
		
00:42:03 --> 00:42:07
			wealthier fighters fighters that look like you know, they're wearing like,
		
00:42:09 --> 00:42:31
			more jewelry or stuff like this. So that's what the sort of defeating to the cause of war,
corrupting the near of the fighters and so on. So the enemy isn't medic, he said no, he said this in
his position as an he-man during a particular bout. And although we have some instances afterwards
that some people like the
		
00:42:33 --> 00:43:14
			have the sell up the Sharpies and somebody said no, he said this in his capacity as a prophet
because and the trophies I'm buddies have, technically speaking, technically speaking, have a good
point. And that is when you may decide this time technical or to do so. Because the rational
propositions of the of the HANA fees and medic is made more sense to you. So the Japanese and ham
buddies use technicality to support their position. What is the technicality here, matter of the
verbinden? Harlequin nather y'all have been hard. So that which
		
00:43:15 --> 00:43:26
			when you're in doubt, when something can be attributed, or when something is in the middle between
that which is common and that which is uncommon.
		
00:43:29 --> 00:43:35
			You will attribute it to that which is common. So what is common in the prophets basically
		
00:43:37 --> 00:44:25
			mentioned or ministry, acting as a prophet or acting as a leader and, of course, acting as a
prophet. So when we are not waiting, when we are basically unsure whether he said this in his
capacity as a prophet, or his capacity as an Imam, what do we do? We consider it to be his command
his capacity as a prophet. So anyway, that is, that is the disagreement between them. And regardless
of which side you'll stay on, that's fine. I'm not you know, we're teaching somebody here and
somebody said, it is in his capacity as a prophet, and this applies all the time. But regardless on
which side you decide to stay on, you can certainly appreciate the beauty of
		
00:44:27 --> 00:44:30
			the reasoning,
		
00:44:31 --> 00:44:33
			the rationale,
		
00:44:34 --> 00:44:36
			things like okay,
		
00:44:37 --> 00:44:38
			that's, that's, that's
		
00:44:40 --> 00:44:47
			the condition. We'll come back to in deposition because we're losing the time and who's trying to
		
00:44:48 --> 00:44:54
			be whoever says that this is this applied to, they would say that
		
00:44:56 --> 00:44:59
			then the six about the setup about the person or booty
		
00:45:00 --> 00:45:28
			In the master data hierarchy I'm at Harbor Ira mackanin. Montana in middle Peter, he deserves the
personal booty only if he can the enemy in combat without him the enemy having been severely wounded
or given up fighting, severely wounded or given up fighting. So you don't scavenge German you know
we can sick and wounded people take care of them and take their their
		
00:45:29 --> 00:45:30
			personal year.
		
00:45:31 --> 00:45:34
			If you engage with like,
		
00:45:35 --> 00:45:43
			healthy, active, engaging combatant, then that's when you deserve with our personal gear.
		
00:45:45 --> 00:45:52
			A Fanny Han unit phila Amir manana and Muslim Mina Ivana and men Girish are
		
00:45:54 --> 00:46:01
			coming up on the beach in Santa Monica. Y'all know the Santa fairies in Rajan when a fella who are
working
		
00:46:03 --> 00:46:04
			with Satya
		
00:46:06 --> 00:46:14
			second whatever the mere grants without the prior promise to someone who dead Muslims a valuable
service.
		
00:46:15 --> 00:46:19
			They have caught up the Prophet sallallahu Sallam give someone
		
00:46:20 --> 00:46:29
			the share of a horse man and that other foot soldier so he combined for him the share of a horse man
and a foot soldier.
		
00:46:31 --> 00:46:54
			And also Abu Bakr granted him on the night, he brought him nine families, a woman from among them.
And as we said before, I did talk in, you know, last time about the concept of enslavement, and the
best time as well. They talk about the POW and
		
00:46:55 --> 00:47:10
			the different ways of dealing with and I also said that we would be keen on keeping the Geneva
Conventions and promoting such concepts and even improving them as Muslims
		
00:47:21 --> 00:47:21
			condition
		
00:47:24 --> 00:47:29
			Forever, forever, whoever did something consequential for the Muslims whoever
		
00:47:30 --> 00:47:40
			the these are the people that will be given from the second type of unfed or extra bounties. Now,
the third type is Exodus 32 minus
		
00:47:42 --> 00:47:42
			one
		
00:47:45 --> 00:47:45
			Monday after an
		
00:47:47 --> 00:47:47
			hour nap.
		
00:47:49 --> 00:47:52
			outside a surah Farah who
		
00:47:54 --> 00:47:56
			woman asked me not
		
00:47:58 --> 00:48:01
			to mean her face to heckle Maduro either.
		
00:48:03 --> 00:48:57
			When the Amir says whoever enters through a breach in the wall or climbs the fence will be entitled
to such and such and whoever brings from the enemy's positions 10 cows or the like will be entitled
to one of them when he who fulfills that condition, what deserve the designated compensation. So the
example itself may make some people smile, you know, if you're renting cows, do you think that they
carried cows with them on their way to war when they marched to war and no, they ate from whatever
they found? When they got there and it is whatever they acquired. There they may have carried a
little bit of sustenance, a little bit of food, that food almost always ran out and they would need
		
00:48:57 --> 00:48:59
			for sustenance.
		
00:49:01 --> 00:49:04
			Basically to seize it by force from that me
		
00:49:06 --> 00:49:18
			and Sonny and habasit Amir for better it said a year. Robo ferrati okra solos from the homosexuals
some
		
00:49:20 --> 00:49:23
			mozzarella workers some tea.
		
00:49:27 --> 00:49:39
			Tea, man. Okay, so he says the other one that's still on number and under number three. So number
one is who was the person of booty
		
00:49:44 --> 00:49:59
			number one was the person of booty. Keep in mind that he said the personal booty before dividing the
general booty into five sections. He will take the person booty before the division when he talked
about
		
00:50:00 --> 00:50:07
			Listen this this is this is controversial when he talked about this, he said that this happens the
unfair,
		
00:50:09 --> 00:50:14
			someone who did something marvelous, spectacular, they will get the extra
		
00:50:15 --> 00:50:22
			for their contribute contribution to the cause of war
		
00:50:24 --> 00:50:29
			or for their outstanding core exceptional
		
00:50:30 --> 00:50:32
			exceptional contribution
		
00:50:34 --> 00:50:45
			it's particularly contribution because it has to be consequential, not just because you are brave,
but you did something that Agatha and you know, he did something that actually helped us
		
00:50:47 --> 00:50:54
			and then this one also based on a book with Emma here this one would go out before the division
		
00:50:55 --> 00:51:19
			before the homeless 1/5 that goes out and we will talk about the homeless when we come to it. Now he
talks here about two different ones when the when the commander says whoever does whoever does this
climb the fence breach the wall wherever he will get that reward
		
00:51:24 --> 00:51:24
			in the
		
00:51:25 --> 00:51:30
			this particular one these will happen he says here
		
00:51:43 --> 00:51:45
			funding for the need for better
		
00:51:47 --> 00:51:48
			referred Raja RT
		
00:51:49 --> 00:51:50
			okra
		
00:51:58 --> 00:52:02
			Okay, so he is talking here about the
		
00:52:04 --> 00:52:14
			particular unit of the army that will be sent out before the sort of the main engagement
		
00:52:17 --> 00:52:18
			basically,
		
00:52:22 --> 00:52:42
			before the main engagement engage with enemy or after the main engagement, engage with the enemy. So
like one unit, so the army before the Army goes and engages with the enemy, you will send out one
unit to go and engage with the enemy. That unit can take
		
00:52:43 --> 00:52:44
			one quarter
		
00:52:48 --> 00:52:49
			of the booty
		
00:52:50 --> 00:52:58
			on their way back while they are retreating. If he sends a unit engage with enemy they will take 1/3
		
00:52:59 --> 00:53:13
			and they justify this by saying that now it's after the war everybody's tired, everybody wants to go
home. And after the war finishes if you send me back, that would take a lot more
		
00:53:14 --> 00:53:24
			sort of determined willpower to go back and engage with that I mean after everybody is now going
home and we want to go home with everyone, but you're sending us back.
		
00:53:26 --> 00:53:43
			So that this particular one here will take place after the division after that division which we
will talk about in the following session inshallah, when we talk about the division of elkanah or
constant
		
00:53:50 --> 00:53:51
			yeah Special Forces.
		
00:53:54 --> 00:54:04
			Then the six first the wire Bakula malasana luminesce. Was vianna lobbied while Kufa viotti mother
cabri
		
00:54:05 --> 00:54:06
			ahem
		
00:54:07 --> 00:54:41
			whatever who barozzi remain home, sama Rajan what is the minimum Santa ferrous subsection. Those not
entitled to full chairs of the spoils such as the women, children, slaves and unbelievers will be
given rewards in proportion to their contribution. He the commander Amir will not give the foot
soldiers among them the full Chair of the foot soldiers or those on horses, the full Chair of horse
men.
		
00:54:45 --> 00:54:52
			I know it says you know, there will be no salmon for women but they will take
		
00:54:53 --> 00:54:59
			part of the kanima it will be short of one son, the son of the man
		
00:55:00 --> 00:55:09
			But doesn't have to be, you know, much less. What what is required to do anyway is to keep women at
a
		
00:55:12 --> 00:55:31
			you know, so the share that the women will get from fighting will be less than that the men will
get, at the end of the day, you're given the factors, which is the horse, man, three hours home,
although two are for the
		
00:55:32 --> 00:55:45
			horse itself. But you're given the first three hours home and you're given the foot soldier, one
son, so it is about your contribution to the cause of war. Now, if you are a child, a woman,
		
00:55:47 --> 00:56:10
			non Muslim, or a slave, you will not take the full chair, the free male. And whenever you say that
sounds so patriarchal, but that is what it is. So you don't get the share of the free male. It is
not expected of women to contribute as much as men to the cause of war.
		
00:56:11 --> 00:56:43
			The fact that they are still that they were still getting, because these this was not like we're
like electronic war. This was like having like, full gear on you as sword spear and all of that
stuff, and fighting horsemen, and foot soldiers. Realistically speaking, it was not expected of
women to inflict the same harm on the enemy, as men.
		
00:56:45 --> 00:56:53
			So that's why they're getting less of this year. But at the end of the day, it does recognize their
contribution.
		
00:56:55 --> 00:57:01
			So on this side, you can celebrate things like it does recognize their contribution to the war
effort.
		
00:57:05 --> 00:57:07
			Well, that is what that is.
		
00:57:14 --> 00:57:36
			But because honestly speaking, but but honestly speaking, but just like one moment of impartiality
here, do you really think that war like that, that women in their contribution to or contribute as
much as men know what they Yes. Nowadays, what honestly could not even know those?
		
00:57:38 --> 00:57:41
			Like, exceptional cases were gone by model?
		
00:57:44 --> 00:57:53
			Well, you could give her enough, you could give her extra bounties, if she does really well. You
could give her extra bounties there is the
		
00:57:54 --> 00:58:01
			concept of 10 fee is given up to the Imam for special instances, special circumstances.
		
00:58:03 --> 00:58:16
			So, like if Amara did a marvelous job in the film, that's fine. Give her as much as you want. The
man has the right to do this from the nap, but not from the US home.
		
00:58:21 --> 00:58:22
			Did they're not variable at all?
		
00:58:24 --> 00:58:26
			Was it too small for the woman?
		
00:58:28 --> 00:58:29
			Oh,
		
00:58:34 --> 00:58:35
			no, it is not.
		
00:58:36 --> 00:58:40
			I can't argue that, that just established tradition that they will
		
00:58:42 --> 00:59:11
			also be searching Marvel, I think that the failure is on the males. So they're fulfilling the
failure. So you know, they should be entitled to a greater share, whereas the woman's are not, you
know, obligated to go out there again. Yeah. So that's an argument for the gender as a whole or even
the body or for the particular man and woman is because men were expected to contribute more to the
war effort in a you know,
		
00:59:12 --> 00:59:20
			and that's why they were given more than women. But the fact that that women's
		
00:59:21 --> 00:59:34
			effort was recognized, women's contribution was recognized and that they are deserving of the war
booty. So does not mean much less than a second.
		
00:59:36 --> 00:59:54
			And you may in addition to a rock, which is a little less than a second, get, you know, 10 nap or to
enough or to get extra bounties by the Imam if your contribution was in fact
		
00:59:55 --> 00:59:56
			special
		
01:00:00 --> 01:00:14
			Don't have to always agree. If they're talking about nowadays, you know, both men and women,
regardless of their contribution, they won't get worse. Yeah, so yeah, why are you talking about
this? He wants to go back to the
		
01:00:15 --> 01:00:15
			anyway.
		
01:00:17 --> 01:00:18
			Where was that? So
		
01:00:19 --> 01:00:20
			anyway?
		
01:00:21 --> 01:00:30
			First Babb the chapter on it and when we come back after the five minute break inshallah, we will go
over the chapter on spoils of war