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

Book 54 · Issue 3 · Bab 1

Open in Qurani

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.