Is it permissible for the Imam to declare that whatever any warrior seizes in battle belongs to him exclusively?
General Chapter
Al-Mughni
Book of Jihad
Primary text
One narration permits this declaration. This is the position of Abu Hanifa and one opinion of Al-Shafi'i. Imam Ahmad sanctioned this when the commander declared to a detachment that whoever brings back anything receives it, and whoever brings nothing receives nothing, stating that the anfal belongs to the Imam and whatever he does in this regard is permissible. The justification is the precedent set by the Prophet, peace be upon him, on the Day of Badr when he said, 'Whoever takes something, it is his,' and because the people agreed to undertake the campaign under these terms.
Supporting text
The second narration prohibits this. This is the second opinion of Al-Shafi'i. The prohibition is based on the practice of the Prophet, peace be upon him, and the Caliphs after him, to divide the spoils. Moreover, this declaration might distract the warriors from fighting, leading to the enemy overcoming them. Additionally, the right to the spoils is established by equal participation, and the Imam's mere word cannot abrogate this right, unlike other forms of acquisition.