What is the ruling on property subject to confiscation for Ghalul (embezzlement of spoils of war) if the person does not return until they acquire new property or return to their homeland?
General Chapter
Al-Mughni
Book of Jihad
Primary text
The property the embezzler possessed at the time of the Ghalul must be burned. This was explicitly stated by Ahmad concerning one who returns to his homeland; he should burn what he had with him in the enemy's land. This is because the confiscation and burning is a punishment (*'uqubah*), and punishments lapse upon death, similar to prescribed legal penalties (*hudud*). If the property were burned after death, the punishment would fall upon the heirs, which is unjust as they are not the perpetrator.
Supporting text
If the embezzler sells or gifts the property before it is burned, one opinion suggests it should not be burned because ownership has passed to others, resembling the case where the property transfers upon death. Another opinion suggests the sale or gift should be nullified and the property burned, as the prior right of confiscation supersedes subsequent transactions, similar to the precedence of retaliation (*qisas*) over the perpetrator's rights.