Who owns property recovered from a ship belonging to the land of the Romans (Byzantines) cast ashore near Tartus?
General Chapter
Al-Mughni
Book of Jihad
Primary text
If a ship sent by the Roman Emperor is driven by wind to Tartus, and the inhabitants kill the men and take the wealth, this property is considered fay' (spoils of war given entirely to the Muslims by God's decree).
Supporting text
Al-Zuhri holds that it belongs to the one who seized it, and the Khums (one-fifth share) is due on it. Abu Al-Khattab suggests in one narration that if people are lost or driven by wind, it belongs to the taker because it is property taken without Muslim force, similar to firewood. A second narration states it is considered fay'.