What is the ruling on spoils of war (ghanima) taken by a group entering the Abode of War (Dar al-Harb) without the permission of the Imam, assuming they lack military strength?
General Chapter
Al-Mughni
Book of Jihad
Primary text
There are three established narrations from Ahmad concerning the spoils taken by those who enter Dar al-Harb without the Imam's permission and without military strength. The primary ruling, held by the majority of scholars, including Al-Shafi'i, is that their spoils are treated like any other, meaning the Imam deducts the Khums (one-fifth), and the remainder is divided among them. This is based on the general application of the verse stating that one-fifth of all spoils belongs to Allah (Quran 5:41), and by analogy to when they enter with the Imam's permission. Another view, held by Abu Hanifa, states that the spoils belong entirely to them without the Khums being taken. This is because the acquisition is permissible (mubah) but does not constitute Jihad, resembling gathering firewood. Since Jihad requires the Imam's permission or the presence of a strong, organized group, this act is considered mere theft or illicit acquisition.
Supporting text
The third narration attributed to Ahmad holds that they have no right to the spoils whatsoever. This is exemplified by the case of a slave who flees to the Romans, returns with possessions, where the slave belongs to the master, but the goods belong to the Muslims because the individuals are considered disobedient (asatin) due to their actions. Al-Awza'i's narration regarding spoils taken after a skirmish involving captured Egyptians suggests that the spoils should be confiscated except for the Khums.