The Share of the Spoils Allotted to Cavalry in Military Expeditions

21 Yahya related to me that Malik said that he had heard the 'Umar ibn 'Abd al-'Aziz used to say, " The man on horse-back has two shares, and the man on foot has one."

[cf Bukhari ]

Malik added, " I continue to hear the same."

Malik, when asked whether a man who was present with several horses took a share for all of them, said, " I have never heard that. I think that there is only a share for the horse on which he fought."

Malik said, " I think that working horses and half-breeds are considered as horses because Allah, the Blessed, the Exalted, says in His Book, 'And horses, mules and donkeys both to ride and for adornment.' (16: 8) He said, the Mighty, the Majestic, 'Arm yourselves against them with all the firepower and cavalry you can muster, to terrify the enemies of Allah and your enemies.' (8: 60) I think that working breeds and half-breeds are considered as horses if the governor accepts them."

Sa'id ibn al-Musayyab was asked about work-horses and whether there was zakat on them. He said, " Is there any zakat on horses? "

Stealing from the Spoils

22 Yahya related to me from Malik from 'Abd ar-Rahman ibn Sa'id from 'Amr ibn Shu'ayb that when the Messenger of Allah, may Allah bless him and grant him peace, came back from Hunayn heading for al-Ji'rana, the people crowded around so much to question him that his she-camel backed into a tree, which became entangled in his cloak and pulled it off his back. The Messenger of Allah, may Allah bless him and grant him peace, said, " Return my cloak to me. Are you afraid that I will not distribute among you what Allah has given you as spoils? By He in whose hand my self is! Had Allah given you as spoils as many camels as there are acacia trees in Tihama, I would have distributed it among you. You will not find me to be miserly, cowardly, or a liar." Then the Messenger of Allah, may Allah bless him and grant him peace, got down and stood among the people, and said, " Hand over even the needle and thread, for stealing from the spoils is disgrace, fire, ignominy on the Day of Rising for people who do it."

Then he took a bit of camel fluff or something from the ground and said, " By He in whose hand my self is! What Allah has made spoils for you is not mine - even the like of this! - except for the tax of one-fifth (khums), and the tax of one-fifth is returned to you."

[In an-Nasa'i]

23 Yahya related to me from Malik from Yahya ibn Sa'id from Muhammad ibn Yahya ibn Habban from Ibn Abi 'Amra that Zayd ibn Khalid al-Juhani said, " A man died on the day of Hunayn, and they mentioned him to the Messenger of Allah, may Allah bless him and grant him peace." Zayd claimed that the Messenger of Allah, may Allah bless him and grant him peace, said, " You pray over your companion." (i.e. he would not pray himself). The people's faces dropped at that. Zayd claimed that the Messenger of Allah, may Allah bless him and grant him peace, said, " Your companion stole from the spoils taken in the way of Allah." Zayd said, " So we opened up his baggage and found some Jews' beads worth about two dirhams."

[In Abu Dawud, an-Nasa'i and Ibn Majah]

24 Yahya related to me from Malik from Yahya ibn Sa'id from 'Abdullah ibn al-Mughira ibn Abi Burda al-Kinani that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, came to the people in their tribes and made du'a' for them, but left out one of the tribes. 'Abdullah related, " The tribe found an onyx necklace stolen from the booty in the saddle-bags of one of their men. The Messenger bless him and grant him peace, came to them, and then did the takbir over them as one does the takbir over of Allah, may Allah bless him and grant him peace, came to them, and then did the takbir over them as one does the takbir over the dead."

25 Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from Abu'l-Ghayth Salim, the mawla of ibn Muti' that Abu Hurayra said, " We went out with the Messenger of Allah, may Allah bless him and grant him peace, in the year of Khaybar. We did not capture any gold or silver except for personal effects, clothes, and household goods. Rifa'a ibn Zayd gave a black slave boy called Mid'am to the Messenger of Allah, may Allah bless him and grant him peace. The Messenger of Allah, may Allah bless him and grant him peace, made for Wadi'l-Qura. After he arrived there, Mid'am was struck and killed by a stray arrow while unsaddling the camel of the Messenger of Allah, may Allah bless him and grant him peace. The people said, 'Good luck to him! The Garden! '

The Messenger of Allah said, 'No! By He in whose hand my self is! The cloak which he took from the spoils on the Day of Khaybar before they were distributed will blaze with fire on him.' When the people heard that, a man brought a sandal-strap - or two sandal-straps - to the Messenger of Allah, may Allah bless him and grant him peace. The Messenger of Allah, may Allah bless him and grant him peace, said, 'A sandal-strap - or two sandal-straps - of fire! ' "

[In Bukhari and Muslim]

26 Yahya related to me from Malik from Yahya ibn Sa'id that he had heard that 'Abdullah ibn 'Abbas said, " Stealing from the spoils does not appear in a people but that terror is cast into their hearts. Fornication does not spread in a people but that there is much death among them. A people do not lessen the measure and weight but that provision is cut off from them. A people do not judge without right but that blood spreads among them. A people do not betray the pledge but that Allah gives their enemies power over them."

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