What is the ruling regarding a raiding army consuming food and fodder found in enemy territory?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 4 · Bab 1

Open in Qurani

Primary text

There is a consensus among scholars, save for a few dissenting opinions, that raiders entering the land of war are permitted to eat the food they find and use the fodder for their animals. Scholars supporting this view include Sa'id ibn al-Musayyab, 'Ata', Al-Hasan, Al-Sha'bi, Al-Qasim, Salim, Al-Thawri, Al-Awza'i, Malik, Al-Shafi'i, and the Ashab al-Ra'y. Evidence is provided by the narration of 'Abdullah ibn Abi Awfa that after capturing food at Khaybar, each man took what sufficed him and returned. Furthermore, a letter from the commander of the Syrian army to 'Umar asked about taking abundant food and fodder; 'Umar replied, 'Let the people feed and eat; whoever sells any of it for gold or silver, the Khums of God and the shares of the Muslims are due on it.' This permissibility is established due to necessity, as transferring food and fodder from Dar al-Islam is difficult, and purchasing in Dar al-Harb is impractical due to lack of funds. The permission is limited to what is necessary for oneself and the animal; anything in excess must be returned to the Muslims.

Supporting text

Al-Zuhri stated that it may not be taken except with the permission of the Imam. Sulayman ibn Musa stated that it is not left unless the Imam prohibits it, in which case the prohibition must be observed. Al-Qasim, Salim, and Malik disliked selling it. If the spoils are sold for gold or silver, the Khums is due.