Azami 8057

Narrated by Abu Dawud (2748-2750), Ibn Majah (2851), Ahmad (17462), Ibn Hibban (4835), Hakim (2/133), and Bayhaqi (6/314), all of them through various routes from Makhul, from Ziyad bin Jariya (or Zayd bin Jariya), from Habib bin Maslama Fihri, who related it. The second wording is found in Ahmad, Ibn Hibban, and others. Hakim said, "Sahih isnad," and it is as he said. It is also reported in Abu Dawud (2750) that Makhul met Ziyad bin Jariya Tamimi and asked him, "Have you heard anything about the nafl?" He said, "Yes, I heard Habib bin Maslama Fihri say," and he related it.His statement, "and he gave an additional share after the fifth," means he first took the fifth from the whole of the spoils, then gave a third or a quarter of what remained from the four-fifths, then distributed the rest among those who took part in the raid. This is evidence that it is permissible for the leader to give some of the fighters an increase over their share, amounting to a third or a quarter of the four-fifths. This is the view of Anas bin Malik and the jurists of Syria, including Raja bin Haywa, Makhul, and Uzai. Ahmad, Ishaq, and Abu Ubayd held the same view. Malik held that there is no additional share except from the fifth. Nakhai and others said that the leader may give the additional share either before or after the fifth, as he wishes. See al-Mughni (13/60).Some of the companions held that there was no additional share after the Messenger of Allah ﷺ, among them Abdullah bin Amr bin As. Ibn Majah (2853) narrated through Raja bin Abu Salama, from Amr bin Shuayb, from his father, from his grandfather, who said, "There is no additional share after the Messenger of Allah ﷺ, the Muslims return the strong among them to the weak among them."His statement, "at the outset," means at the beginning of the raid, when a detachment from the army advances and rushes to engage the enemy at the start of the campaign. Whatever they gained from this, the leader would give them a quarter of it, and the rest would be divided among the entire army. If a group did the same thing upon the army's return, he would give them a third of what they gained, because doing so upon the army's return is more difficult, due to the weariness of the mounts, the depletion of supplies, exhaustion, and the increased longing for home, so the share was increased for that reason.As for what is reported from Ubada bin Samit, that the Prophet used to give a quarter as the additional share at the outset and a third upon return, this is not sound. It is narrated by Tirmidhi (1561), Ibn Majah (2852), and Ahmad (22726), all of them through various routes from Sufyan, from Abdul-Rahman bin Harith bin Ayyash bin Abu Rabia, from Sulayman bin Musa (who is Ashdaq), from Makhul, from Abu Salam Aaraj, from Abu Umama, from Ubada bin Samit, who related it.Tirmidhi said in al-Ilal (2/665), "I asked Muhammad about this hadith, and he said, 'It is not sound. Only Dawud bin Amr narrated this hadith, from Abu Salam, from the Prophet ﷺ, as a mursal report.'" Muhammad, meaning Bukhari, said, "Sulayman bin Musa is munkar al-hadith, I do not narrate anything from him. Sulayman bin Musa narrated hadiths, most of which are munkar." He then cited several munkar hadiths of his.I say, in its chain is Abdul-Rahman bin Harith bin Ayyash bin Abu Rabia, who is saduq but has instances of confusion, and there is also disagreement over him. As for Tirmidhi, he said, "A hasan hadith."