What is the prescribed punishment for the betrayer ('Ghall') who conceals spoils of war from the Imam?
General Chapter
Al-Mughni
Book of Jihad
Primary text
The ruling concerning the betrayer ('Ghall')—one who secretly keeps spoils without informing the Imam or including them with the general booty—is that his entire baggage or equipment must be burned. This opinion is held by Al-Hasan, the jurists of Sham, including Mak'hul and Al-Awza'i, and Yazid ibn Yazid ibn Jabir. Evidence cited includes the action of Sa'id ibn 'Abd al-Malik who burned the betrayer's wealth in the presence of 'Umar ibn 'Abd al-'Aziz, who did not disapprove. Furthermore, a narration from the Prophet (peace be upon him) transmitted through Salih ibn Muhammad ibn Zurarah, citing 'Umar ibn Al-Khattab, states: 'When you find a man has betrayed, burn his baggage and flog him.'
Supporting text
Malik, Al-Layth, Al-Shafi'i, and the 'Ashab al-Ra'y' hold that burning the baggage is impermissible because the Prophet (peace be upon him) did not burn the baggage of the companion who belatedly confessed his hidden small possession. They argue that burning property constitutes wastefulness, and the Prophet (peace be upon him) prohibited the squandering of wealth. They also contend that the companion who confessed was repentant, and repentance erases prior sins, and the Prophet's rebuke was specific to the companion's failure to immediately present what he had taken, not the possession itself. Furthermore, the prohibition on wasting money does not apply when there is a greater benefit, such as casting goods overboard to prevent drowning.