Is the share (sahm) of the one who commits misappropriation forfeited?
General Chapter
Al-Mughni
Book of Jihad
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.