Is it permissible to utilize property taken from rebels, such as fodder or weapons, during active warfare?
General Chapter
Al-Mughni
Book of Fighting Rebellious Groups
Primary text
Regarding the seizure of their fodder (kura') and weapons, these items are not returned to them during the state of war to prevent them from using them against the Muslims. Al-Qadi reported that Ahmad inclined toward the permissibility of utilizing these items while the war is ongoing, but not otherwise. This view aligns with Abu Hanifa, who reasons that since it is permissible to take their lives and restrain their weapons during battle, it is permissible to benefit from them, analogous to the weapons of active combatants. This utilization must cease immediately upon the conclusion of hostilities, at which point the property must be returned, based on the Hadith: 'The wealth of a Muslim is not lawful except by his willing consent.'
Supporting text
Al-Shafi'i holds that such utilization is impermissible unless necessitated by dire need, arguing that since the property belongs to Muslims, it cannot be utilized without their consent, just like other property. Abu al-Khattab acknowledged two differing opinions on this matter, corresponding to the two main legal positions. Abu Qays narrated that 'Ali (may Allah be pleased with him) called out for anyone who found their property to take it back, which supports the view of Malik and Al-Shafi'i that property must be returned.