What is the distribution rule for valuable items acquired by a single soldier from Dar al-Harb after he is sated with its use or consumption?
General Chapter
Al-Mughni
Book of Jihad
Primary text
If a soldier takes something of value from Dar al-Harb and becomes self-sufficient from its consumption or utility, he must share it with the rest of the army. This is the opinion of Abu Hanifa and Al-Thawri. The rationale is that this item is valuable property taken from the land of war under the protection of Muslims, thus constituting spoils of war (ghanima), like foodstuffs. This differs from items taken from Dar al-Islam, as taking those does not necessitate the army's involvement. If the soldier needs to consume or utilize it, he may do so without returning it, as if he found owned provisions belonging to the unbelievers and needed them for consumption.
Supporting text
Al-Shafi'i holds that the taker retains exclusive ownership because if he had taken it from Dar al-Islam, he would own it, and the same applies to spoils from Dar al-Harb, similar to trivial items. This is the view of Mak'hul, Al-Awza'i, and is narrated from Al-Qasim and Salim.