Is the personal equipment (salab) taken from a slain enemy subject to the Khums (one-fifth division)?
General Chapter
Al-Mughni
Book of Jihad
Primary text
The personal equipment (*salab*) taken from a slain enemy is not subject to the *khums* (one-fifth division). This view is attributed to Sa'd ibn Abi Waqqas, and it is the position held by Al-Shafi'i and Ibn al-Mundhir, and Ibn Jarir. The evidence supporting this position is the hadith narrated by 'Awf ibn Malik and Khalid ibn al-Walid, stating that the Messenger of Allah, peace be upon him, decreed the *salab* to the killer and did not apply *khums* to it, as narrated by Abu Dawud. Furthermore, the statement attributed to 'Umar that "We used not to apply khums to the salab" serves as powerful evidence, indicating that the Prophet, Abu Bakr, and 'Umar, at the beginning of their leadership, did not apply *khums* to *salab*, and following this precedent is preferable. This practice clarifies and specializes the general scope of the Divine command regarding the division of spoils.
Supporting text
The dissenting opinion, held by Ibn 'Abbas, Al-Awza'i, and Makhul, mandates that the *salab* is subject to *khums*. Their evidence rests on the general scope of the Quranic verse: "And know that whatever you take of anything, indeed, for Allah is one-fifth of it" (Quran 8:41). Ishaq held that the Imam has discretion to apply *khums* to the *salab* if the spoils are substantial.