What is the ruling on selling food or fodder acquired under the necessity ruling in enemy territory?
General Chapter
Al-Mughni
Book of Jihad
Primary text
If one sells any of the food or fodder, its price must be returned to the spoils, based on the narration concerning 'Umar. This view is held by Sulayman ibn Musa and Al-Thawri, and Al-Shafi'i. If one exchanges it for similar food or fodder that he is permitted to use, it is not truly a sale but an exchange of permissible items, and each becomes the rightful owner of what he received.
Supporting text
If sold to someone outside the army, the sale is invalid because it is a sale of spoils without legitimate authority, and the item or its value must be returned to the spoils. If sold to another raider, it is permissible only if exchanged for an equivalent permissible item. If sold on credit (nasa'ah) or loaned, the recipient becomes the owner and is not obliged to repay it. If sold for something other than food or fodder, the sale is invalid, but the buyer gains possession and is not liable for a price, which must be returned if taken.