What is the ruling on a soldier consuming spoils (food or fodder) taken from the enemy before division?
General Chapter
Al-Mughni
Book of Jihad
Primary text
If spoils comprising food or fodder are gathered, no one is permitted to take from them except out of necessity, such as when they cannot find anything else to eat. Before collection, taking them was permissible because Muslim ownership had not yet been established, similar to firewood. Once gathered, Muslim ownership is established, and they become like their other possessions. Necessity makes it permissible because preserving life and beasts is paramount. The view favoring permissibility even after collection in Dar al-Harb is held by some, arguing that Dar al-Harb is a place of need; however, the general rule holds that established property requires consent for use.
Supporting text
One opinion, supported by Abu Bakr, Abu Hanifa, Ibn al-Mundhir, one narration from Al-Shafi'i, and Abu Thawr, requires returning even small amounts, based on the Hadith commanding the return of a needle and a pin ('Addu al-khayt wa al-mikhayt'), because it is spoils not yet divided, and thus impermissible in Dar al-Islam like larger portions. Another view, held by Makkul, Khalid bin Ma'dan, 'Ata' al-Khorasani, Malik, and Al-Awza'i, permits retaining small amounts, supported by narrations of companions eating undefinable amounts of dates during campaigns.