FQJ04 Fiqh of Jihad — Chapter on the Spoils of War

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Hatem al-Haj

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All right.

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I want

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to proceed. So now we'll go over the chapter on.

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Next time we would finish the book of jihad. So next week, we will go over

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security and hoarding like

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these issues, whatever it is, that happens after the war ends,

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granting asylum, given security,

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the covenant for the people of the Zim and the jizya. And all these discussions will be addressed next weekend. But

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today, let's just finish

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any

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chapter on spoils of war, but we're gonna me because Matty

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and the titles between the corner brackets are mine. So the first slide that I have here is deserving recipients of land.

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So now,

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when we talk about that, man, I am okay, we conquer. You know, they conquered, we conquer anything. So they conquered a town and took over the town. And

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now there are transferable and non transferable.

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That's the that's the biggest distinction. What about the land of this town itself? We know that, for instance, places like shamon, Iraq and Egypt were, you know,

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greater in Syria, Iraq and Egypt. These places are called Karachi. These are karate places in America that actually used to pay the garage of his own store, even though

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there is no garage on buildings or residential properties. But out of his What? He used to pay the garage because he lived in Baghdad, and

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the karate is on the agriculture land, not the residential land. So but in

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every year,

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just out of water.

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It's not required anyway. So what do we do with the land? What do we do with the transferable skills? That's what he talks about here. And he's so he says,

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about the war spoils when

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the man bainer cussed me out, he had an muslimeen where everybody has have Harada, Mr. nepcon. amendment here fi, cola min

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vertical images to the euro.

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It is of two types. First, the land, the Imam is given the choice between dividing it or making it for the Muslims, and then taking land taxes from it indefinitely, to be collected anybody as a form of rent from those who hold that in their possession, whatever it has been made by the Imams of those lands may not be changed or sold. So

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this conquered town at the beginning. I want to say one thing.

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Very important too, because if we don't say this at the beginning, the whole discussion is actually not done. Justice.

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Can the Muslims have a treaty where they don't require any of this?

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Is it forced on the Muslims to require us or or to take?

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No. So the Muslims can have the right the Imam has the right to have a treaty where none of this is required.

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In fact, the focus went as far as saying the man has the right to sign a treaty where Muslims pay tribute to their enemies. Of course, fear

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You know,

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it's all based on benefit risk ratio. So benefit based on the balance of power. And if you are overpowered, and you know you can pay a tribute to your enemy.

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That's it.

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You pay it.

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Just tell you how much this was the modus operandi of the time the talk about the transfer of ownership of property

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from the Muslims cannot Muslims are by force and validated. What do they have to validate?

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Like so if you were defeated, and your property was taken as war booty by the enemies, the folks will say, their ownership of this property is legal.

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That may sound unsurprising, except the Japanese, but I'm talking about the gym or herpes Maliki's adhan buddies, they say the transfer of ownership is legal. Because they took it by like seizure.

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And power.

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So transfer of ownership is legal. How is this consequential legally? Okay, it is very consequential. Because if it's the transfer of ownership

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between the Muslim and you know, the enemy combatant here, so this property belongs to a particular Muslim, the sword belong to a particular Muslim, a combatant took it from that Muslim.

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The War ended. Now.

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If you

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we talked about this last time, right. So if someone got if we divide the

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and then there's the other way around. But if someone by is this No, we talked about also, if someone if a Muslim by is this from the enemy combatant?

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And then and then the rightful owner, the original owner finds up and says this is mine? Does he have the right to take it for free? Now, no. If the transfer of ownership in the first place was not legal,

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then he would have the right to take it for free. But the transfer of ownership by seizure was legal. So

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he will have to pay for it now, because it just happened.

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That he lost

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ownership when it was taken from him by force.

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So it is important that the beginning to say that the Imams like and sign any treaty that would be advantageous, in the best interest of the community doesn't have to have courage doesn't have to have Gz.

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I talked to you before about raggio. So Tara could basically and you know, you don't have to agree with us here. I don't expect people in their 20s or 30s to agree with any of this stuff.

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But thorak habitually says, for instance, that all of this has been already taken away from us and given back to us. So like this is a new contract now.

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He has a book covers a lot about famous. So it's it's a new contract.

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This contract is not based on the original Islamic conquests, after the original Islamic conquest. The whole country was taken away from us by friends. And then Britain, and then l jamaa Wataniya, which is basically that would be the amount of money and every country in Palestine would be the Muslims and Christians of Palestine, and Iraq, it would be the Muslims and Christians and whatever else in

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it in Egypt, that would be the Muslims and Christians of Egypt. They recaptured that from Britain. They, you know, so this is a new contract now. So

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that was certainly

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controversial controversion sort of, preposition. I'm just like

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presenting it to tell you that

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On a very limited understanding of things may not be it, there may be other ways to look at things. That's all

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this will apply to land, I guess, somebody, yes, somebody will say that, you know, that the Palestinians

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you know, they,

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they were

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overtaken overpowered and

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it's over

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doesn't mean it's over, you know, the people of the land will fight to liberate their country like, like

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Iraqis and Egyptians did against France and Britain and so on, that liberated their country, but he was trying to say that this,

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this or the karate or the fact that Egypt is or the karate or or the karate or it is not applicable anymore because it is based on their the conquest,

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the whole country was overtaken already and given back to the people.

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That's a new contract, that's sort of a new beginning that is not based on the original conquest.

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So when karats necessarily apply to

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Egypt, because these are consequential things legally, the status of minorities and Muslim countries, these are discussions that are sort of, you know, much bigger than our discussion here.

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So, it is important for enlightened Muslim scholars that is enlightened in a good way, not necessarily in in a negative way

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to basically presented there which they had, whether it's accepted or not accepted, but they need to basically share their thoughts they have on these issues.

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So, first of the land, the shape says that we read the Arabic Yes, literally the English

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it is of two types, transferable, non transferable, non transferable, that's two types. The first type is the non transferable then I am, the man was given the choice between dividing it or making it for the Muslims and then taking land access from it indefinitely to be collected annually as a form of rent from those who hold it in their position. Whatever has been made by the Imams of those lands may not be changed or sold may not be changed or sold.

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So where is this understanding coming from? Amara Yvonne who used to be because he would hear that I'm particularly this year I will try to use this.

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To distribute Ahmed Ahmed had a disagreement, the big disagreements with Bella rhodiola. And other companions sided with blood most of the companions sided with the hammer.

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And the root of this disagreement is that they

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are the one who felt that the land should be the land should always be divided between the conquerors.

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Because of Is that right?

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He did not see a distinction he did not see a point in distinguishing between transferable and non transferable. You know, we conquered this now it's ours, we divide the land as we divide the non transferable, the non transferable.

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The last point had sort of Scripture, like maybe even scripturally, textually stronger. But of course, amaris point was stronger 50 wise. It's the same issue between

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same issue, it's not always

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a you know, it's not always or the right will not be always on the side of

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the rationalists. But sometimes it is. So what my dad is also he used the scriptures, but he used them in a very intelligent, thoughtful way. So that I happen to not attach the talk about divide and get unfair. Amari cited the whole thing and said, I only see from these I heard that they apply to all Muslims of all generations of all times until the day of judgment, the land will not be divided between the conquerors. Because if we divide the land between the concurrence conquerors, and then, you know, like a small number of Sahaba would have still or like that the descendants of a small number of Sahaba would have still Oh,

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Big swaths of land like Iraq,

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everything that was conquered,

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basically. So I'm

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going to work this way. We keep this for the generations to come that they will join the community and serve the cause of Islam. And when he cited

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it

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you know, there's an app and sort of at the start, manifests Allah Allah. I saw the Manhattan live.

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The

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Netherlands in

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the thermal Misaki weapon is a vehicle

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in Mexico multiple lines.

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So that was the first one. These are the five categories that are the categories that are included in comas.

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Whatever I had granted to has messenger of the towns of the towns,

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then attention to the five different categories that is Allah and His messenger that is one.

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The quarterback, the relatives of the Prophet sallallahu Sallam that is two, three would be

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the aterna, one, keen, Wabi Sabi.

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orphans, four would be needy Misaki. Five would be stranded travelers Agnes severe or wayfarers

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and then the highest stops here, how much did not stop at the end of the eye?

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The other Sahaba wanted to stop here almost, no, I'm not going to stop here. I'm going to continue reading the next ISS little floppy.

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So let's talk about what does that mean.

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So that the vision does not stop there, it continues lift

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theory memoriam yep

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homosassa co,

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well,

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in the Moto, moto cannot be in

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a coma.

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So,

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that is the following area, and then it describes them

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also for so many hours, for those also for Okay, and for

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the moderator, the needy among them are during the emigrants and so on.

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Very The next is says, what are the management problem?

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This refers to whom

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those basically who assumed the abode of in Medina before them and

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face and so on.

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And then the next is what after what

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would have been a gentleman by the

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name and orthodoxy khudobin de la Vina and then would have been in the car Oh for a while Athena gentlemen bother him

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and those who came after them

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dependent

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on law forgive us and forgive our president who preceded us to face

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and that is why some of some of the scholars that are not you know, part of this because they don't basically

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the currency the Sahaba and so on, and it's one of the conditions to have

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to say

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amen. Well,

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no, no, don't put hatred or rancor in our hearts for those who believe

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so anyway, it's its

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sun and it's another discussion but this also for,

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also for

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so Omar says if it is also for also for also for it means what the home

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so whatever has been granted by Allah subhanaw taala at

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I found this to be applicable to all things, not only to that which has been taken without engagement, but also that which is taken with engagement, it's applicable to all say things. So also for also for also for that means Muslims until the end of time. So what Homer, you know, and as genius as he was, what almost thought of is basically to make this land, Mount Kufa, Karachi, meaning this land is owned by

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the state, owned by the state. Now, the owners of this land will continue to be the owners of this land, and pass it on generation to generation, pass it on generation to generation, they take care of it, because if he takes the land from its owners, who is going to farm it, you know, I'll be completely reckless.

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So he left it with the owners, but then he would take taxes, corporate taxes on the land from them every year. Don't we pay property taxes here, astronomical property taxes in New Jersey, so just complaining about it?

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So yes, so he's taking property taxes on this land, every year, the state will take property taxes. That's the concept of non transferable.

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As I said,

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you know, in war nowadays, the the man's may decide to have a treaty that doesn't involve any of this.

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And it is not expected that wars nowadays would involve any of this. And additionally, about sort of regional ones.

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There's sort of this discussion or controversy about the origin of Karachi lands, like Egypt, Iraq, and Syria and those places

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to fulfill taxes, if they are unable to fulfill the taxes because there is a year of drought or something of that nature, they don't have to pay for that year. If there is a if the if the crops are not as good, like severe diminished, and, you know, severely diminished, the pay half of the taxes.

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You know, for two years, for instance, or one year, they don't have any crops, they can divided, they have two taxes this year, half the taxes next year, only one half.

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If they are not able to cultivate at all they are forced to give it to someone who can cultivate it, because if you're unable to cultivate it most temporarily, okay, we'll give you a concession here. But if you will just keep it like this, and not cultivated and keep on saying, Well, I'm not farming, I'm not doing anything

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that would affect the state revenue. So in this case, you will be forced to get rented to someone who will cultivate and pay the property taxes.

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contested this

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as a max, this is a form of

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No, that's how I did not contested

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Marcos or taxes. That's a haba contest contested the very idea that the land will not be the land and his group, but the other one who contested the very idea that the land would be acquired by the state, not the conquerors not divided between the conquerors that was the only dispute.

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Then the sixth

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and I gave a title to this section here deserving recipients of movables or transfer parables have said he said, he mentioned that what

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he mentioned, this is the very verbatim statement of Aviva Craigavon 37 and one for herriman Shaheed minium Kenobi, Westside doula who mean to dry I am so

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sorry that what he meant when he is our update on Muslim and how caffeine while I alter brew

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coffee honey it is in totality model

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what elements about the metal COVID Haldeman method our gallery woman balsa wood Amir they must know how to jaysh as Hannah who

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sariah female animate with Rico.

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So deserving recipients of movables second the rest of the property

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movables this is for those cable fighters who attended the battle, whether they were merchants or others. Why did he say this? Whether they were merchants or others, he says that's the say that is usually the way the road those Mattoon to

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basically hinted to a disagreement. The Hana fees will not give the people who crossed the borders with the intention of being merchants. Even if you participated thereafter, in the fight, you cross the border has a merchant, because the army have attachments, like people to use to go and sell stuff. And, you know,

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so if you cross the border as a merchant, the hunter fees will not give you the horrible. So he's saying we will give, we will give them that's actually the majority will get if they thereafter participated.

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And they were ready to, to, to to engage as well, whether they were merchants or not, and whether they fought or not, on the basis of their status. When they attended the battle, shall he then walk on their back and said, attended the battle, whether you whether you fought actually or not, because many times people did not not all people fought many times the front lines also there were skirmishes between the front lines of both armies. And that said, they disengaged, some people may have not fought at all. But since they participated, they're presently attended about at the battlefield. And they were ready to fight,

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they will be entitled to

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share.

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So he says here and whether they fought or not on the basis of their status when they attended the battle, whether horsemen, infantry, slaves, Muslims, or unbelievers. And as we saw in the previous section,

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you know, because some would get their settlement, some

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will get less than the full share.

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Based on their status, their status before or after the battle is not taken in consideration, their status before or after the battle is not taken in consideration. It's a hint to the Hanafi is this agreement, and we will clarify it further. Now. He says no chairs deserved by someone who could not fight because of eminence or something else, or by someone who came after the end of the battle, such as the reinforcement, or the like the HANA fees, consider, you know, the acquisition, the different phases of acquisition of the booty. So the general acquisition by the Muslim community legal transfer to the Muslims happens upon what seizure, the actual transfer of the property to the

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individual

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warriors what happened when, according to the canopies after the booty is moved to the land of

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the Muslim jurisdiction, except if the conquered land was adjacent to the land of Islam and has now been acquired and included. But it is one side that is basically

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the happies would say that

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if we get reinforcements before the division,

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the reinforcement will get their share, the reinforcement will get their share, sometimes the reinforcement this would be consequential for them. Because you know, at that time, this is how they financed war. And if you send an army of 1000 people, and they're getting overwhelmed, the same for reinforcements, but the Winds of War before the reinforcements arrive. Now the reinforcement is like 3000 people, they arrived. Now the 1000 had won the war, they have the booty and the 3000 people from the reinforcements are coming in. You know, congratulations guys.

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So, can we have our share the happies with give them their share? Now in you know the 1000 people taking the whole thing to be able to take one quarter of what they were entitled to because the reinforcement will take their full share.

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Okay, when is when is it final after we remove it to the lens of Islam and divided by 100 people saying okay, it's fine. But

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for us combat isn't for the majority in fact there's been four

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to not get anything after the war ended after the battle ended,

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then the CSS woman bounce Amelie must not happens ah as her mother who shouted causations or female kanemoto to Jericho female.

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Whoever the commander sense that way in the interest of the army is given a share whatever booty, the army seizes, is shared with its detached units, and they share with the army, whatever booty they seize. So, the army, you know, can engage in a battle when any particular unit is away, doing something. That's, particularly if this particular unit had left upon the request or command of the commander. Do they get their share of the booty that the army won? Yes. Now that particular unit, one, whatever brother they were engaged in, and the day sees booty, does the army share with them all the whole army share with them? Yes. This idea is important for the nature of the people, the

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intentions of the people. And also, so that war, so that the material of gain is not immediate.

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Because that would be exhilarating for some people, and would make them transgress and would make them like,

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just like the hyper warrior that we see in movies, we want, it's not wanted to subdue that and regulate that. So that you're fighting for the cause. He has the booty will be shared at the end, but it will be shared fairly by all the people. So

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it is a regulated matter.

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Anyway,

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moving on, then we'll talk about or their distribution. And he says, Why clouds? minima, the heavier one Aplia. was at Hagerty. So Matt Ford has now been in

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the US habia he starts by

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so how do we do this in the remember when we talked about someone dying? And how do we distribute the the inheritance? And what do we start to buy?

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Okay, first thing we start to buy is, you know, the Genesis

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you know, take money out for the NASA stuff here. First thing that we start by is you know, taking care of the booty itself, if the booty like if we have, you know, capital

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the father, this will have to go out before the distribution because we have to keep the capital life otherwise if we don't keep the capital live and we distributed the fire to some people, yeah. So,

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this is what he talks about here.

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He starts by keeping aside whatever is needed to preserve and transport, transport also the booty as well as other needs.

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Next, he gives the personal booties to match

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the personal booties and the promised rewards to those who are entitled to them. Remember, when we talked about an unfair, we talked about three different types of unfair. So, we talked about the fact that that is personal goatee, everybody will get their personal, you know the gear based on the face. And

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then we talked about all of the enamel also made that

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you know, declaration of the beginning of the war, or at the end of the war, in fact, or

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equivalent to the Maliki's, the man would not be saying

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at the beginning at the end that he would say do not corrupted. But anyway, so the personal booty will go out before the division.

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The first thing that will go out before the division is whatever is needed to preserve the booty itself. Second, the personal booty will go out before division. That's the gear on the combatants that were killed.

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Third is what

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promised booty about I wanted to call condition poor conditioned promise to booty.

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So if you say whoever does this, we'll get that. That will go out before the division that will go out before the division now

00:35:01--> 00:35:20

The rest of the unfair, you know, 1/3 for the unit that stays behind 1/3 for 1/4 for the unit that proceeds fourth will be for the army. The rest would be after the division. How is this consequential because the one fist

00:35:21--> 00:35:24

which is homeless, definitely we'll talk about now

00:35:26--> 00:35:33

is going to be affected because if it is before the 1/5 goes out, it will diminish the 1/5.

00:35:35--> 00:35:40

If it is after the one fix that goes out, it will not diminished 1/5 Okay.

00:35:41--> 00:35:43

Some of you have mental burpee,

00:35:44--> 00:35:45

folks

00:35:47--> 00:35:49

who comes at us

00:35:51--> 00:36:05

for ASIMO, homosassa comes at us almost over from seven as human, then he takes 1/5 of of it and the vice divides that into five parts. Someone like

00:36:09--> 00:36:22

Walmart, once here is for Allah and His Messenger sallallahu Sallam This is spent on weaponry, horses and other amounts and other interests

00:36:24--> 00:36:25

or needs.

00:36:27--> 00:36:27

Okay,

00:36:29--> 00:36:30

so in

00:36:31--> 00:36:33

Where is this coming from?

00:36:36--> 00:36:43

Korea, Taiwan, Misaki, Wabi Sabi. So this is where it is coming from.

00:36:46--> 00:36:49

Okay, the layout is one

00:36:51--> 00:36:54

not to Allah and His messenger is one not to

00:36:58--> 00:36:59

and then what's

00:37:03--> 00:37:08

wrong with appear? Zachary Mr. hubzilla. On say,

00:37:10--> 00:37:25

once here is for the profit skin, they are been awesome. And then one more thought for the rich and poor among them, with each man getting twice the share of the female. That's the second son or share.

00:37:27--> 00:37:31

The third what samlede uttama and Pokhara.

00:37:33--> 00:37:45

Once here for the orphans who are poor, was a key one share for the needy was only been one chair for the wayfarers. That's the stranded

00:37:46--> 00:37:48

travelers. Okay.

00:38:00--> 00:38:01

Which one?

00:38:03--> 00:38:11

We're not talking about combatants here at all. Yes, we will come to for the division for the combatants afterwards. This 1/5

00:38:13--> 00:38:28

for non combatants, and keep in mind that like reading carefully k lacuna doula campaign 11 Yeah, amen calm. So that money is not pre circulating among the wealthy among, among you, the combatants are the capable already,

00:38:30--> 00:38:36

we want to give a share of this for those who are not the capable ones.

00:38:37--> 00:38:57

So that money is not free circulating among the wealthy. That's, that's a point that Islam pays a lot of attention to. That is the point of upward mobility, the ability to move up in the society. That's a point that you find in all honesty, in America, nowadays, there is a good deal of

00:38:58--> 00:39:02

upward mobility, you could get a move up

00:39:03--> 00:39:13

in society, despite all the grievances that you have about the system and capitalism and how cool it is. But it is much better than Egypt at the end of the day. So there is

00:39:14--> 00:39:49

good room for upward mobility, in in America, for instance. And that is a sign on the health of the society. If you are brilliant, there will be room for you to move up and blossom. And there'll be room for you to do well on your SATs and then get or lsats and get into a good college and thereafter get it like do your graduate studies and or there will be room for you to discover things.

00:39:50--> 00:39:59

Etc, etc. So, that is an important concept. In this case. I couldn't even come to that money is not free Turkey.

00:40:00--> 00:40:01

latent among the wealthy.

00:40:03--> 00:40:11

So we take 1/5 of the booty and give it for these particular causes to relatives

00:40:15--> 00:40:28

the Prophet Ville quarterback well the ground does not say relative of the relatives of the Prophet but everybody understood this the mean relatives of the Prophet, but we will come back and talk about a little bit more three

00:40:36--> 00:40:37

orphans

00:40:39--> 00:40:42

for maybe

00:40:44--> 00:40:44

five

00:40:47--> 00:40:49

wayfair standard travelers.

00:40:51--> 00:40:53

I like that term the traveler thing.

00:40:55--> 00:41:06

Because it is because now he doesn't have money stream stranded without money. It's not anyone once anyway, so these are the five

00:41:07--> 00:41:25

Keep in mind, these five will get everything if it is what we will come to talk about now. These are the five that will get the whole faith that is booty without engagement booty earned without engagement is faith.

00:41:27--> 00:41:31

These five are getting the what and Soraka and fan

00:41:34--> 00:41:34

homes

00:41:36--> 00:42:07

to be the same five and sort of harsh. So unfair is talking about what the 1/5 of the minima, the booty after engagement in pseudocode has most of the interpreters are saying in sort of harsh words talking about the face, the whole face, which is booty, the whole booty without engagement. Now the army is not giving anything, there was no engagement. So the fight basically

00:42:08--> 00:42:23

and consider the fate as a clock taxes, property taxes, consider the failures of disease considering the fate is basically anyone who dies in the Muslim state, Muslim or non Muslim that has no heirs.

00:42:26--> 00:42:27

Did we talk before about

00:42:30--> 00:42:35

the founding of the you know who's responsible to support

00:42:36--> 00:42:48

the Muslim state was to talk about the whole thing. But when the lucky dies, the fukuhara said although Kumar said the person who took care of him will get us

00:42:49--> 00:42:52

his inheritance, but the fukuhara said by agreement

00:42:53--> 00:43:11

at least within the form of that therefore, the concept that when he dies, his money will be fake. Fake basically means anything that is acquired without force by the Muslim state. It will be for the Muslim state. All of this is fake.

00:43:12--> 00:43:29

Okay, so these five will get the whole fake booty without engagement. These five will get 1/5 of the booty after engagement because who gets the rest of the venema

00:43:32--> 00:43:34

soldiers the army

00:43:35--> 00:43:40

Okay. Why? Because they didn't have standing armies and people volunteered and this is how the finances

00:43:43--> 00:44:38

Okay, so these are the five ones. Now. The sound of Allah for Allah and His Messenger the prophets take all this for himself. No, he really didn't, you know, read the headings that I have here for you. He said what I had me come Miss rojava ill and homeless one homeless smart dude on FICO. So which which means what he was praying getting us he was praying towards the camel of the booty. And then after he finished the prayer, he took the hair off the candle and he said he pointed the hair of the camera like this and he said, I have no right to even this much of your booty aside from 1/5 and the 1/5 is returned to you. Basically, it is not that he was taking this money for himself. He

00:44:38--> 00:44:59

was taking this money to the vibrant part of this division is his own sustenance. Yes, because he is the leader of the community and he needs to be modified. He needs to be dedicated to his job. And part of this the frog Grove is to be supported by the community the community has this obligation towards him

00:45:00--> 00:45:23

to devote his keep him devoted to his job, that's what he did to Abu Bakar. That's what they did nothing peculiar about this. So part of it goes to the professor Lawson and he, you know, the foremost of many another year he spent from it for one year on his family. So that's understandable. But in general, you know, the, the sort of the,

00:45:26--> 00:45:33

the aesthetic life of the Prophet Solomon is one of the proofs of his prophethood. And

00:45:35--> 00:46:01

don't get to do that by anyone who will tell you that the profit level large, largely the profit on large sums of money at some point, but he would never keep it for himself, you know, as he said, to a borrower, I would not like to have the mountain of offered and accepted that they do with with it like this, and this and he, you know, we have to pretend like I was divided, immediately.

00:46:03--> 00:46:24

So, everybody recognizes all sort of observers, all historians recognize the ascetic life of the Prophet. So that Sam, you know, the perfect offseason and took some from it for his sustenance and then divided the rest, to give it back to the community, as he said, My luden fee

00:46:26--> 00:46:32

is returned to you. So that Sam is given in and Cora was set up means what?

00:46:34--> 00:46:38

The sort of the Beasts of War

00:46:40--> 00:46:53

horses and corner when x is met, and when that is mentioned alone, it means the horses and weapons cannot when it is mentioned with weapons, it means horses, the Beasts of War.

00:46:55--> 00:47:00

Okay, so that's this one. The second one is the relatives of the of the prophets of Allah is

00:47:01--> 00:47:09

like, I have it here in the commentary, I believe wholeheartedly in the Hanafi position that this was deserved by

00:47:11--> 00:47:13

the end of this course, people will call me hanafy.

00:47:15--> 00:47:17

But I'm very honest.

00:47:19--> 00:47:19

She's

00:47:21--> 00:47:32

You know, this particular one is the canopy position, position is they said the revenue or the profit these are the share of the M. Why?

00:47:34--> 00:47:50

Because they could not take from the sucker. So to make up for the fact that they cannot take from as well the poor monkey Benny Houseman, Benny muqtada, how could they be assisted, they will take from this, they will not take from this account, the poor Amanda

00:47:51--> 00:47:55

will take from this and not from the zakat.

00:47:57--> 00:48:10

But the Hanafi say it is not for the poor and the rich, it is only for the poor. Now, if you are somebody and say well, though, you know, it's like this apologetic and stuff, professors aren't gifted a bass and he gifted

00:48:12--> 00:48:21

it has to be, you know, for particular contribuciones you will always you will always be able to reinterpret

00:48:24--> 00:48:30

the particular incidents in a way that would be reconcilable with

00:48:33--> 00:48:35

the entire value system

00:48:37--> 00:48:48

and can always be interpreted that you don't know the whole context. So, you assume that, you know, if he gave to our bass would have been for a particular contribution.

00:48:49--> 00:49:01

Now, the third, third, fourth and fifth, this is a matter of agreement, you know, that it will be spent and that is what it means Kayla,

00:49:02--> 00:49:13

amen, calm, so that money is not re circulating among the wealthy. So, part will be given to the poor orphans, to the Misaki, the needy, and the stranded travelers and so on.

00:49:14--> 00:49:16

These three

00:49:17--> 00:49:23

are the only recipients according to the HANA fees after the Prophet sallallahu. So

00:49:25--> 00:49:51

these three are the only recipients so the homeless will not be you promise, they will come as homeless and that if you sell this, so meaning that the homeless will not be divided into five shares, according to the Hanafi is after the profits are so it will be divided into three. These are the three offerings needy and stranded travelers. They say that the profits on the last seven days deserve this during his life. It's

00:49:53--> 00:50:00

the the say that the profit that derivatives of the Prophet sallallahu sallam, they can take you know the

00:50:00--> 00:50:38

Pour among them, they will be given, but they are not taking a like a whole share their they'll be given of it. When the Quran talks, the Quran does not necessarily always talk about sort of the visions that are like, stringent, like, the vision like five pieces. So you give 20% not 19%, not 20%. These are the deserving recipients. So they'll get something. But the Hanafi say there's a three pronged division. The magic is

00:50:39--> 00:50:45

it's all up to the Imam, there is all of these to the Maliki's would be what?

00:50:47--> 00:50:53

Yeah, but But why is the crime mentioning them? to point out that these are deserving

00:50:54--> 00:51:01

so that the amount does not forget them. But at the end of the day, it's up to the man to decide that's the magic key understanding

00:51:07--> 00:51:15

some of these colors, you know, like the one of the major controversies that we have nowadays is, you know,

00:51:16--> 00:51:42

I'm writing something about it is whether Islamic organizations are deserving recipients of the cat. And whether they are included in PCB the law. So the scholars who said that PCB law is general and not specific, you know, there's a cap eight categories of the cat eat recipients of the cap, the scholars who said he submitted last general not specific to fighters, what did they say

00:51:43--> 00:52:03

about the eight other categories? Why would Allah mentioned it categories, and then give like one general category that includes everything, they said, to point out the importance of the eight cap of the seven other categories so that they are not forgotten. And these will be scholars like, you know, confirmed mentioned the term some of the folks

00:52:06--> 00:52:15

adopted that raazi, a TB, some of the scholars of the past, and many, many of contemporary scholars.

00:52:16--> 00:52:19

But regardless of that, when I'm not making

00:52:20--> 00:52:34

radical weightier position, concerning this point, but I'm trying to tell you, this is how this callers would understand. When the law talks about categories, some of the scholars will say that this is to point out sort of the

00:52:35--> 00:52:53

eligibility of those, it's a reminder, don't forget those, but it is not necessarily a five point division in the strict sense 20% 20% 20% 20% 20% because if you think about it, that would also be quite

00:52:54--> 00:52:59

like difficult for the Imam and sort of

00:53:00--> 00:53:04

20% of the needy 20% of the stranded travelers,

00:53:05--> 00:53:12

the needy 20% stranded travelers 20% looks alike,

00:53:13--> 00:53:16

basically proportionate, but it is not

00:53:17--> 00:53:19

necessarily 20%. Anyway,

00:53:21--> 00:53:24

what I wanted to say also, or That's it,

00:53:25--> 00:53:32

we covered that part, but I wanted to say about the relative profits, why is it the hanafy position is

00:53:33--> 00:54:07

is just the right position is that if this Sam was for the poor and the rich among the family of the processor, and we continue to apply like the trophies or companies have suggested, if we continue to applied, it means what it means is that the people who are of the family of the province of Southern will acquire enviable wealth, enviable wealth, which will make naturally naturally will make many many people harbor

00:54:10--> 00:54:47

resentment presentment. Because, if you like me, you have to understand this, if you're going to the, you know, the kitchen, and that is why the mixing between this liking of a family of the Prophet sallallahu Sallam because that making that distinction between that you can actually dislike someone from the family office on campus like Ali because we know who he is. But what if you are sitting in your junior high school next to someone from the family of the Prophet, and he happened to be such an annoying kid, you can dislike them. That would be crazy.

00:54:48--> 00:54:57

You know that that extension would be just crazy. Like if I dislike him, that will actually compromise my face.

00:54:59--> 00:54:59

You know

00:55:00--> 00:55:16

People that are from the family of the Prophet sallallahu Sallam that live among us nowadays could be such, like annoying people who if you have not come across some of them, you know, it's different. But I'm from Egypt, there are plenty of them.

00:55:17--> 00:55:18

There's plenty of them

00:55:20--> 00:55:21

should say this, but

00:55:22--> 00:55:24

my wife is not annoying, but she is,

00:55:25--> 00:56:06

you know, from the descendants of the prophets on Sunday, and I'm not I have nothing against her whatsoever. I'm just saying, but if I disagree with my wife, just the fact that I'm not from out of date. But certainly I do remind myself that she has to sort of have to be careful. But again, at the same time, if you hold the reason contemporary resentment against your wife, is that does not compromise your faith. If you have an argument. For instance, if you have an argument with a kid who's next sitting next to you, in the classroom, and they are from the family with a son, that does not compromise your faith, it would compromise your faith if you have resentment towards them,

00:56:06--> 00:56:20

because of their relationship with the Prophet Solomon said, um, of course, that would compromise anyone's faith. But just the fact that you have an argument with your classmate, some of the people from the family of the premises could not be Muslim anymore.

00:56:22--> 00:56:26

We know people from the family with the sentence, who left Islam.

00:56:28--> 00:56:29

There were people from the family

00:56:30--> 00:56:32

who did not become Muslim during his time.

00:56:33--> 00:56:44

But we know for people from the family of the program, we you know, the famous story about one of the descendants of the Prophet sallallahu sallam. And I don't actually remember the exact

00:56:46--> 00:57:38

narration but one of the descendants of the Prophet sallallaahu salam who saw one of the scholars, surrounded by a lot of people on entourage of people, and this, the Senate of the prophets of Salaam, was, like a wicked person not practicing necessarily, during the best time, not practice, necessarily. And then he marveled at how this man who is, you know, nothing, in terms of lineage has been surrounded by a large entourage of people. And he's, he's not, and so on. And the scholar said to him, that my obedience of your grandfather is what elevated me and your disobedience of him is what brought you down. So that's it. That's the bottom line. That's the bottom line. And in fact, we

00:57:38--> 00:58:16

hung bellies, consider, you know, Allahumma salli, ala Muhammad, Allah Muhammad that we say and that the childhood, in the Hanbury interpretation, which I believe to be the stronger interpretation of Muhammad, would be any Muslim, you are, I am, everybody is included. And, of course, the family of the province of Southern would be primarily included, because they have, you know, the bond of faith with him and the bond of kinship. But the bond of faith is more important, and Adam hammock would include everyone. So the Hanafi position,

00:58:18--> 00:58:41

you know, is stronger, because if we have a particular strand of people that are acquiring wealth exponentially among the community, without earning yet without working for it, the wicked and the Righteous Among them, the poor and the rich among the van, that would cause the rest of the community huge resentment.

00:58:43--> 00:58:50

So Hamdulillah, that Allah protected the legacy of the Prophet sallallahu Sallam by not going down that path.

00:58:53--> 00:59:04

Then Then the check sets of mayo clinic back in and found what rod then he takes out after the 1/5 is taken out from the minima when he takes out the rest of

00:59:05--> 00:59:20

unfound whatnot. Then he takes out the rest of the extra bounties of war and the prizes for those not entitled to fall shares for those not entitled to full shares. So, first one is

00:59:22--> 00:59:22

basically

00:59:23--> 00:59:26

vanilla which is whatever is required.

00:59:28--> 00:59:31

required to preserve

00:59:33--> 00:59:39

second one is what was the second one last lap what the diet salad

00:59:40--> 00:59:43

salad which has personal booty

00:59:48--> 00:59:49

promise

00:59:51--> 00:59:52

rewards.

00:59:54--> 00:59:55

Third one is

00:59:57--> 00:59:58

promise

00:59:59--> 00:59:59

no one

01:00:00--> 01:00:00

Fifth

01:00:03--> 01:00:04

fourth one is

01:00:06--> 01:00:11

Rob and the non promise booty

01:00:14--> 01:00:16

man promised

01:00:18--> 01:00:20

booty and

01:00:24--> 01:00:25

basically what

01:00:27--> 01:00:36

Kwazii shares that are not really shares that are for, you know the other contributors that are not free men, free Muslim men.

01:00:38--> 01:00:40

What do we call those oval shapes?

01:00:41--> 01:00:41

Sort of

01:00:48--> 01:00:49

undefined chairs,

01:00:53--> 01:00:54

undefined chairs.

01:00:55--> 01:00:56

Then what

01:00:58--> 01:00:59

shares

01:01:00--> 01:01:08

those are the famous men that contributed to war. And then we'll see how they will we will divide that among them.

01:01:09--> 01:01:10

This is the order

01:01:11--> 01:01:12

some

01:01:13--> 01:01:15

Roger Manuel in Pharisees

01:01:18--> 01:01:21

who sang with the Pharisees, Lima Robin Omar and

01:01:22--> 01:01:23

Pharisees

01:01:24--> 01:01:26

heavy sacrament.

01:01:28--> 01:01:33

Then he divides the rest for the foot soldier once here and for the horse man, three

01:01:34--> 01:01:47

shares one for him and two for his horse. This is because of m&r his narration that the Messenger of Allah sallallahu Sallam gave the horse two shares and its owner writer one share.

01:01:49--> 01:02:08

Not clear why because the horse man used to take care of their horse hats off sustenance. And you know, so honestly speaking, you come into war with a pistol and you come into war with a tank. There is a difference here between the two.

01:02:09--> 01:02:09

So the

01:02:10--> 01:02:12

the horses

01:02:13--> 01:02:16

were the you know, the tanks.

01:02:18--> 01:02:55

Okay? And then be because you have to sustain your horse and you have to take care of the horses and so on and so forth. Then the SEC said we're in cannon fodder. So hi Ravi infra who salmon what is our hobbies? If a man has to horse No, if the horse is not Arabian, it is entitled to one chair only. And its rider is entitled to one. So we give the rider is one chair but the horse will not get the two shares of the Arabian horse. Arabian horses had advantage up and down. Now this is not racism or anything you know, but up until now Arabian horses are just very good horses.

01:02:56--> 01:02:58

Just look at the prices of Arabian horses.

01:03:00--> 01:03:00

So,

01:03:02--> 01:03:13

the non Arabian horse is like you know you have the hygiene and you have the McGriff over the name is not particularly nice. You have the hygiene you have the milk

01:03:14--> 01:03:15

and you have the

01:03:17--> 01:03:36

the hygiene as father is Arabia his mother is not the McRib. As mother is Arabian his father is not but McGriff is not because it's disgusting it is because you know how to say ABC, you know,

01:03:37--> 01:03:39

it is because of Nixon.

01:03:40--> 01:03:41

But

01:03:42--> 01:03:58

his two parents are not Arabian horses. All the three will get one share according to the moment, but according to one eration from a moment. Now there is another generation from America that with give non Arabian horses to shares.

01:04:00--> 01:04:39

If you are in if you are open minded, you will say that if we find horses that perform as well as Arabian horses in war, we would give them like Arabian horses because this is not something in the crown Arabian horses get to chairs. This, you know so if you find horses that do as well as Arabian horses in war, or have qualities other than the Arabian horses that are just as price than war, as the qualities that Arabian horses have, many will go by this other generation from the moment will be completely fine.

01:04:40--> 01:04:49

And then the sheikh said we're in kenema Rajan Ferguson has Hamada Houma What are you seemly extra men for I say he what I asked him what he does.

01:04:51--> 01:04:59

If a man has two horses you bring into tanks, the commander gives two shares to each of them, two shares to each other

01:05:00--> 01:05:04

He will go home with how many shares this man five,

01:05:05--> 01:05:14

he does not give shares to more than two horses, you bring in three horses you will get five only. But seeland

01:05:16--> 01:05:24

he does not give shares to more than two horses per rider. And he does not give shares to beasts of burden other than horses.

01:05:25--> 01:05:34

So camels No, that's not going to help us that much. In war, they usually went to war on camels, you know.

01:05:36--> 01:06:28

You know, horses were not that available all the time when torn camels, but we wanted the piece that would help in the battlefield, not just for transport help in the battlefield, you get two horses, you bring two horses with you, you get five, okay, why not three, why not seven, if you get three horses, because you could alternate one horse gets fired, you get on the other. And the so the first one gets rested, you go back to the first one. So that's what gives you an advantage. But if you have three horses, that's extra, because all you need is to give some rest to one horse, use the other first one gets rested, you get on the third, and so on. That's it.

01:06:29--> 01:06:32

Then finally the last segment here

01:06:34--> 01:06:38

is in phase which we already talked about the CX

01:06:39--> 01:06:50

phi versus minima. Now that's my title here. Fight versus minima and she said first one one I thought I was on mute mujer

01:06:51--> 01:07:19

Allah He betrayed in the cabin. Okay, vermin whom vaidika tell for ya on yourself Kofi Masada Hello Muslim in subsection whenever the unbelievers leave behind when they run away in panic, which is acquired without needing any attack by horses or camels, highly neurotic cab or other beasts burden is considered fine and it will be spent in the various interests of the Muslims.

01:07:20--> 01:07:39

We already talked about the recipients of faith the same five categories are the recipients of faith we consider this to be P Masada muslimeen in general in the interest of Muslims, this even according to the choppies or combat ease, they consider this

01:07:40--> 01:07:51

category of recipients Allah and His Messenger category to be fimasartan Muslim in various Muslims interested of Muslims, particularly of kura Sera,

01:07:52--> 01:07:53

okay.

01:07:55--> 01:08:02

It says here that she says And like I said, I do present the tradition as it is. And then we talk about

01:08:04--> 01:08:09

you know, talk about application in six as one of the calphalon botlane.

01:08:12--> 01:08:46

faculty who for whoever, whoever finds an unbeliever from the warring enemies keep in mind that this is not any unbeliever. This is we have already done harm. You are you have come here you cross the borders you are how to be your from a warring enemy, and you cross the borders. So he's saying wherever finds an unbeliever from the warring enemies, and my edition of the from the warring enemies. This is not my arbitrary addition, this is what the meant to go back to the commentaries that says what they meant.

01:08:47--> 01:08:51

Last in the abode of Islam and takes him he will be is.

01:08:53--> 01:09:24

And then when the common laminata out about Harvey Mutasa, Sina derive the evidence from an aqua Zoo for what a home bad homes, if a group of Muslims without a significant force entered stealthily into the abode of war, without the permission of the Imam, they are entitled to whatever they capture after the 1/5 is taken out. So a group of Muslims it's like an excursion into the

01:09:25--> 01:09:59

territory of warring enemy. Keep in mind, they're not doing this with people with whom there is a covenant treaty, these borders with people with whom there is a covenant or treaty our respective borders, but this is a war any enemy and they inserted into the land of the warring enemy, whatever it is that they got. They wouldn't get it. Even if they did it without the permission of the email. Even if they get it without have they do this without the permission of the email. Why is he saying this to point out that

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Even though their action is hot.

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Remember last time when we talked about no Jihad without the permission of the Imam, the VEDA, isn't that the man? He's saying the action is haram. But what they had what they acquired despite the hardness, what they acquired, despite the Haram ness is theirs. After the homeless goes out the 1/5, it goes out.

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Because this border is not a respected border, because this enemy is a warring enemy. Now, in our times, are we keen on keeping all the conventions, the UN Charter, all the Geneva Conventions, all the answers of international law, we wouldn't be the first beneficiaries of that. And even if we were not, even if we were not, we'd be keen on keeping and promoting such applications of values that are inherent in our religion, and that have been prized by our Prophet sallallahu

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taala

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sorry for the extension, but I had