What is the ruling when a Muslim finds their property, previously taken by enemies, in the possession of a common citizen through gift, theft, or acquisition without compensation after the spoils were divided?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 4 · Bab 1

Open in Qurani

Primary text

If a citizen obtains the property through gift, theft, or without any compensation whatsoever, the original owner has the primary right to reclaim it without paying anything. The basis for this is the principle that if something is obtained without consideration, the original owner retains the right to reclaim it, similar to finding it before the division of spoils. This is supported by the incident where the Prophet's she-camel and a woman from Al-Ansar were taken by raiders; the she-camel returned, and the Prophet rejected the woman's vow to sacrifice it, establishing that a vow concerning what one does not own or in disobedience is void.

Supporting text

Abu Hanifa holds that such property can only be reclaimed by paying its value, reasoning that since it has come into the specific ownership of an individual, it resembles property that has gone through the official division process.