What is the ruling regarding the property of one who repents for misappropriation before the division of spoils?
General Chapter
Al-Mughni
Book of Jihad
Primary text
If the one who committed misappropriation repents before the division of spoils, he must return what he took from the divisible amount without dispute, as it is a right that must be returned to its owners.
Supporting text
If he repents after the division, the apparent position of the school is that he must pay one-fifth of what he took to the Imam and give the remainder away as charity (sadaqa). This is the view of Al-Hasan, Al-Zuhri, Malik, Al-Awza'i, Al-Thawri, and Al-Layth. The preferred position, supported by companions and successors, argues that the entire misappropriated amount should be given away as charity if the owners are unknown, as it benefits the poor, and the reward reaches the original owners, thereby absolving the transgressor of sin.