What is the ruling regarding items taken from homes in Dar al-Harb, or outside them, that possess no inherent value in that land, such as worn-out things, pens, stones, or medicines?
General Chapter
Al-Mughni
Book of Jihad
Primary text
If items without inherent value in their land (like rags, pens, stones, or medicines) are taken from their dwellings or outside them, the taker may take them and has the primary right to them, even if they acquire value through transport or treatment. Ahmad has explicitly stated this ruling, which is also the position of Mak'hul, Al-Awza'i, and Al-Shafi'i.
Supporting text
Al-Thawri stated that if such items are brought to Dar al-Islam, they are submitted to the distribution pool. If treatment causes them to gain monetary worth, the taker receives compensation according to his effort and their value in the distribution pool. The justification for the main view is that since value only arose due to the taker's labor or transport, the item does not constitute a primary spoil of war, similar to items that never acquired value.