What is the required evidence for claiming the spoils of a killed enemy?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 2 · Bab 1

Open in Qurani

Primary text

The evidence required for claiming the spoils (salab) of a slain enemy is two male witnesses, as indicated by the Prophet, peace be upon him, stating, 'Whoever kills a victim, for whom he has evidence, shall have his spoils.' The term 'bayyinah' in this context refers to two witnesses.

Supporting text

A group of Hadith scholars maintain that the claim should be settled with one witness and an oath, treating it as a financial claim. Another possibility suggests that one witness alone is sufficient without an oath, referencing the Prophet's acceptance of testimony for Abu Qatadah without an accompanying oath.