What is the ruling if the distributor of spoils leaves behind certain items of the spoils because the army is unable to carry them, and declares that whoever takes an item owns it?
General Chapter
Al-Mughni
Book of Jihad
Primary text
If the official in charge of dividing the spoils abandons items of the spoils due to inability to transport them, declaring that whoever carries an item owns it, then whoever carries it owns it. Ahmad explicitly affirmed this. He also stated that if miscellaneous items of low value that are not bought or sold (like household goods, pottery, etc.) are left because they cannot be carried, a person may take them for himself if they are left and not sold. This view is similar to the position of Malik.
Supporting text
Abu Talib narrated from Malik that if a man carries abandoned property that cannot be valued, it should be divided. This is also the view of Ibrahim. It is stated that Abu Abdullah (Ahmad) initially held this view, but later clarified that the Imam has the authority to permit or forbid taking them. They may take them if the Imam leaves them and no one capable of carrying them is present, as this renders them similar to items of no value, as mentioned in the previous section.