What is the legal ruling concerning the spoils derived from captured enemies who become slaves or are ransomed?
General Chapter
Al-Mughni
Book of Jihad
Primary text
Any enemy combatant who becomes a slave through capture or is ransomed for wealth is treated as general spoils of war. This portion is subject to the Khums (one-fifth deduction) and the remaining four-fifths is divided among the captors (Ghanimin). This distribution is established without known disagreement, evidenced by the Prophet's division of the ransom from the captives of Badr among the captors. This is because they are property acquired by the Muslims, akin to horses and weapons.
Supporting text
The objection that the captors had no right to the act of taking captive itself is countered by stating that the Imam acts concerning enslavement based on Muslim interest; however, once the captive becomes property, the captors' right attaches because they were the agents of capture and subjugation. This situation is analogous to when a debtor is killed, and the heirs choose blood money (Diyah), which then creates a right for the creditors.