Is the booty acquired by a group entering enemy territory without the Imam's permission subject to Khums?

General Chapter

Al-Mughni

Book of Deposits

Book 34 · Issue 4 · Bab 1

Open in Qurani

Primary text

The correct ruling is that any spoils acquired by a group who enter the lands of war (Dar al-Harb) without the Imam's permission must have the Khums taken from it, and four-fifths are returned to them. This is because the acquisition falls under the general scope of the Quranic verse regarding Khums, and there is no textual evidence that warrants exempting it.

Supporting text

There is a differing opinion suggesting that whatever they seize belongs to them entirely without the obligation of Khums.