Does every killer, including slaves, women, boys, and polytheists, deserve the *salab* (spoils taken from a specific slain enemy)?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 1 · Bab 1

Open in Qurani

Primary text

Every killer who is deserving of a share (*sahm*) or a compensatory amount (*radkh*) is entitled to the *salab*. This applies to slaves, women, boys, and polytheists. The basis for this is the general scope of the report (Hadith) and the fact that they are participants from the people eligible for spoils of war, thus meriting the *salab* just as they merit a share. Furthermore, if a commander were to promise a reward (*ja'al*) to someone for an action benefiting the Muslims, those individuals would deserve it; the reward designated by the Prophet (peace be upon him) is even more deserving of fulfillment. The *salab* is deserved due to the actual commission of the act, which has occurred in this case, analogous to someone who fulfills the condition for a promised reward.

Supporting text

It is narrated from Ibn Umar that if a slave fights with the permission of his master and kills, he does not deserve the *salab*, but is given a compensatory amount (*radkh*) from it. Al-Shafi'i holds two opinions regarding those not entitled to a share: one is that they do not deserve the *salab* because the share is more established due to consensus, so if they are denied the share, the *salab* is more appropriate to be denied.