To whom does a gift from Ahl al-Harb belong when offered to a Muslim leader or officer during conflict?
General Chapter
Al-Mughni
Book of Jihad
Primary text
Abu al-Khattab states that if a gift is presented by polytheists to the army commander or one of his officers, it is considered spoils of war because the intent is clearly to appease or protect themselves from the Muslims. This implies that gifts to ordinary subjects belong to them. However, regarding gifts to the Imam or Amir, the apparent intention is self-preservation, thus likening it to property taken by force. If the gift is given to individual Muslims, it is deemed to belong to them as there is no apparent fear motivating the gift-giver toward individuals, making it similar to a gift received in the territory of Islam.
Supporting text
Al-Shafi'i and Muhammad hold that the gift belongs to the recipient. Abu Hanifa asserts that the gift belongs to the recipient in all circumstances because the recipient was specifically chosen, resembling the situation when the gift is given within the territory of Islam. This latter view is also narrated as a position held by Ahmad.