Is the share (sahm) of the one who commits misappropriation forfeited?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 5 · Bab 1

Open in Qurani

Primary text

The share of the one who commits misappropriation is not forfeited. Al-Awza'i held that if a minor commits misappropriation, his share is forfeited, but his property is not burned. The valid position maintains that the basis for entitlement to the share is present, so he is entitled to it, as if the misappropriation had not occurred or was unproven. There is no established report or analogical reasoning supporting the forfeiture of his share, so his right remains intact. His share is not burned because it is not considered part of his personal effects (rahl).

Supporting text

Abu Bakr holds two narrations concerning this: one affirms that his share is forfeited based on a hadith stating, 'His share is forfeited,' provided the hadith is sound. If sound, that ruling prevails.