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FQJ03 Fiqh of Jihad — Chapter on the Bounties of War

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Hatem al-Haj

Channel: Hatem al-Haj

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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,

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like the first out of his series, on on body fat

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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.

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It means the extra rewards granted beyond the deserve share of the booty. And it is of three types. It is all three types.

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Let me just give you like a quick overview of the three types and then I go back to

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one of the three types Is this a setup, which is personal booty.

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One type is basically basically on

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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

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and consequential during the war, so it's unconditional.

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Not unconditionally.

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No, this one is is basically we

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But

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when the commander says to them, this is the most truth one, which means it's conditioned in the sense of that

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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

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man tattler catiline Farah who said, well, who am I even the best was in our hand, were foreigners who will be

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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

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has has basically

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he's entitled to his spoils. These are the spoils that we are talking about here. Okay.

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Now, personal booty or the setup or the gear the you know, the jewelry, the sword, the clothes, the

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helmet, etc, all of that stuff that you acquire after you get an army can combatant.

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The province has Adam gave them

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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