The scholars have rejected ti).is view and maintained, instead, that the booty taken by the Muslims as spoils of war is not the same as thefay, that God made possible for His Messenger without fighting. There is no contradiction in the two verses and therefore the one did not abrogate the other.
According to this author, what the scholars have said is clear and should not be disputed. It is sustained by the fact that it has not been recorded, in any biographical information on the Prophet, that he held the spoils of war for himself and his kins- men, excluding the fighters. Moreover, that which proves the claim to its abrogation as invalid is the opinion held by those who say that "Surat al-Anfal," containing the khums verse [the one-fifth verse, Q. ٨:٤١] was revealed, without the slightest doubt, before \SUrat al-J:Iashr," containing thefay,verse. ١٦٥ However, what is important to bear in mind is that the abrogator has to be revealed subsequent to the abrog!lted passage. [Hence, the khums verse could not have been abrogated by the Jay, verse, which is known to have been revealed after it.]
NOTES
١. Thetermal-naskhwasappliedtotheparticularization(takh~I~)intheQuranicexege- sis attributed to Ibn Abbas.
٢. For further details, see this authors book, lr.har al-l:faqq, and Balaghi, Huda.
٣. AI)mad b. Mui)ammad al-Nal)i)as, Al-Nasikh wa al-Mansukh, ed. Mul)ammad-Abd al- Salam Mui)ammad (Kuwait: Maktab al-Falai), n.d.) p. ١٠٦.
٤. Inthephrase"untilGodshallgiveHiscommand,"thewordyati(heremeaning"give") could equally be read as "to cause"; hence, the phrase would mean "until God causes His command to pass."-Trans.
٥. Ismaa b. Umar ibn Kathir,tafsir al-Qur,an al-lt;:Im, ٢d ed., ٦ vols. (Beirut: Dar al- Fikr, ١٩٧٠), vol. ١, p. ٢٧٦.
٦. Qul\ubi, Jami , vol. ٢, p. ٧٤. ٧. Ibid., p. ٧٥. ٨. Tabar!,tafsir, vol. ٢, pp. ٥٣٠-٣٢. ٩. Qul\ubi, Jami, vol. ٢, p. ٢٢٩. ١٠. Ibn Kathir,tafsir, vol. ١, p. ٣٦٩. ١١. Ibid. Ibn Kathir adds that al-Bukhan, Ali b. al-Madini, Ibrahim al-NakhaI, and al-
Thawri reported a tradition in which it is related that a master may be killed for killing his slave.
١٢. Al)mad b. Ali al-Ja~~a~, Kitab A/:Lkam al-Quran, ٣ vols. (Beirut: Dar al-Kitab al- Arabi, n.d.; offset copy of the Istanbul edition, published in Dar al-Khilafa al-Aliyya, by Matbaat al-Awqaf al-Islamiyya, ١٩١٦), vol. I, p. ١٣٧. _
١٣. Ibn al-Arabi, A/:Lkam al-Qur,an, vol. ١, p. ٢٧.
١٤. Ai)mad b. al-I:Iusayn al-Bayhaqi, Al-Sunan al-Kubra printed in the margins of Al- Jawhar al-Nafis, by Ali b. Uthman al-Mardini Ibn al-Turkumani, ١٠ vols. (Hyderabad: Matbaat Dar al-Maarif al-Islamiyya, ١٩٢٥-١٩٣٦), vol. ٨, p. ٣٦.
١٥. Ibid., pp. ٣٤-٣٥. ١٦. Ibid., p. ٣٤. ١٧. Ja~~a~, A/:Lkam al-Quran, vol. ١, p. ١٣٩. ١٨. Ibid., p. ١٤٠. ١٩. Ibn I:Iajar, Tahdhib al-Tahdhib, vol. ٤, p. ٨٦.
٢٠. Nal)l)as, Al-Nasikh, pp. ٨٨-٨٩.