If an enemy captures goods previously sold from the spoils before division, who bears the loss?
General Chapter
Al-Mughni
Book of Jihad
Primary text
If the commander sells an item from the spoils before division for a necessary reason, the sale is valid. If the enemy later overpowers the buyer and takes the item in the land of war (Dar al-Harb), the loss depends on fault. If the loss occurred due to the buyer's negligence, such as leaving the camp, the buyer is liable, similar to destruction by his own action. The stronger opinion holds that the loss is on the buyer, who must pay the price, based on the principle that 'the yield belongs to the guarantor' ('Al-kharaj bi al-daman'), as the item was permitted for him to possess, and its growth belongs to him.
Supporting text
One view is that the sale is nullified, and the loss falls upon the owners of the spoils. If the price was paid, it is returned to the buyer because the possession was incomplete, as the property in Dar al-Harb is not fully secured. This is the view of Al-Thawri, Al-Shafi'i, and Ibn al-Mundhir.