What is the ruling regarding ownership of a gift from the territory of war if a prior history of mutual gift-giving exists?
General Chapter
Al-Mughni
Book of Jihad
Primary text
It is arguable that consideration should be given to prior interactions. If there was an established history of mutual gift-giving between the parties before entering the territory of war, then the gift belongs to the recipient. However, if the gift-giving originates solely from their entry into the territory of war, then it belongs to the Muslims collectively, similar to the ruling concerning gifts given to a judge (Qadi).