Does the killer deserve the spoils of the slain (salb)?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 1 · Bab 1

Open in Qurani

Primary text

The killer deserves the spoils of the slain (salb), regardless of whether the Imam explicitly declares it. This view is held by Al-Awza'i, Al-Layth, Al-Shafi'i, Ishaq, Abu Ubaid, and Abu Thawr. The evidence for this is the Prophet's saying, "Whoever kills an enemy combatant, his is his salb." This established ruling was acted upon by the Caliphs afterward, as evidenced by the dispute between Khalid ibn al-Walid and 'Awf ibn Malik regarding a slain enemy's spoils, where 'Awf cited the Prophet's judgment concerning the salb being allocated to the killer. Furthermore, 'Umar's practice of taking the Khums (one-fifth) from the salb of al-Bara' implies that the remainder was the killer's right, as otherwise, 'Umar could not have taken anything if it were entirely the killer's inherent right.

Supporting text

Abu Hanifa and Al-Thawri hold that the killer only deserves the salb if the Imam stipulates it for him. Imam Malik also holds that the killer does not deserve it unless the Imam explicitly states so, and Imam Malik further restricts this statement to only occur after the cessation of hostilities, viewing the salb as part of the general spoils (anfal). A narration from Ahmad supports this view, which is favored by Abu Bakr.