" مَنْ قَتَلَ قَتِيلاً لَهُ عَلَيْهِ بَيِّنَةٌ فَلَهُ سَلَبُهُ " . قَالَ أَبُو عِيسَى وَفِي الْحَدِيثِ قِصَّةٌ .
There is a story with this Hadith.
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There is a story with this Hadith.
This Hadith is Hasan Gharib. We only know it from this route through the report of Ibn Abi Az-Zinad.
The people of knowledge differ over giving the Nafl from the Khumus. Malik bin Anas said: "It has not reached me that the Messenger of Allah (ﷺ) gave the Nafl during every expedition, but it has been conveyed to me that he gave the Nafl in some of them. That is according to the discretion of the Imam during the beginning of the division of the spoils or the end of it."
Ibn Mansur said: "I said to Ahmad: 'The Prophet (ﷺ) gave the Nafl when he divided the fourth, after the Khumus, and when he was returning (he gave) the third from the Khumus.' So he said: 'The Khumus is taken, and then the Nafl is given from what remains, nothing beyond this.''"
This Hadith is (understood) as Ibn Musayyab said: "The Nafl is from te Khumus." Ishaq said as he said.
There are narrations on this topic from Ibn 'Abbas, Habib bin Maslamh, Ma'n bin Yazid, Ibn 'Umar, and Salamah bin Al-Akwa'. This Hadith of 'Ubadah is a Hasan Hadith. This Hadith has also been reported from Abu Salam from a man among the Companions of the Prophet (ﷺ).
This Hadith is Hasan Sahih.
This Hadith has been reported through routes other than this from Abu Tha'labah. Abu Idris Al-Khawlani reported it from Abu Tha'labah. Abu Qilabah did not hear from Abu Tha'labah, he only reported it from Abu Asma', from Abu Tha'labah.
This Hadith is Hasan Sahih Gharib. This is acted upon according to some of the people of knowledge. Al-Awza'i said: "Whoever meets up with the Muslims before the horses, share is distributed, then he is given a share." And Buraid's (a narrator) Kunyah is Abu Buraidah and he is trustworthy. Sufyan Ath-Thawri, Ibn 'Uyainah and others report from him.
The Hadith has more dialogue than this. And this is a Hasan Gharib Hadith. This is acted upon according to some of the people of knowledge. They say that the people of Adh-Dhimmah do not recieve a share, even it they were to fight along with the Muslims against the enemy.
Some of the people of knowledge said that they are given a share when they attend the battle with the Muslims.
There is something on this topic from Ibn 'Abbas.
This Hadith is Hasan Sahih. This is acted upon according to the some of the people of knowledge. A complete portion is not given to slave, but something is conferred upon him. This is the view of Ath-Thawri, Ash-Shafi'i, Ahmad, and Ishaq.
There is something on this topic from Anas and Umm 'Atiyyah.
This Hadith is Hasan Sahih. This is acted upon according to most of the people of knowledge. It is the view of Sufyan Ath-Thawri and Ash-Shafi'i. Some of them said that a share is given to the woman and the boy, and this is the view of Al-Awza'i.
Al-Awza'i said: The Prophet (ﷺ) gave a portion to the boys at Khaibar, and the Aimmah of the Muslims gave a portion to every child born in the land of war." Al-Awza'i said: "The Prophet (ﷺ) gave a portion to the women at Khaibar, and that was followed by the Muslims after him." This was narrated to us by 'Ali bin Khashram (who said): "'Eisa bin Yunus narrated this to us from Al-Awza'i."
The meaning of his saying: "They received something from the spoils of war" it is said that he conferred something on them (the women) from the spoils of war.