What is the ruling on property seized by the enemy from Muslims and subsequently recovered by other Muslims?
General Chapter
Al-Mughni
Book of Jihad
Primary text
If property taken by the enemy from Muslims is recovered, the property must be held until its owner is identified. If the owner is identified and is nearby, the property is not divided as spoils but is returned to its owner. This applies equally if a slave captured in Roman lands identifies himself, or if multiple individuals claim ownership of items found on a vessel; if ownership is established, it is not divided.
Supporting text
Al-Thawri held that property found with an unknown owner should be divided unless the owner appears later.