Is the slain person's animal (horse) considered part of the salb?
General Chapter
Al-Mughni
Book of Jihad
Primary text
The animal (horse) and everything accompanying it—its saddle, bridle, coverings, ornaments, and all its gear—are considered part of the salb because they are accessories to the horse and are used in warfare, making the horse akin to a weapon. Evidence supporting the inclusion of the horse includes the narration of 'Awf ibn Malik regarding the slain Roman on a horse with golden gear whose horse and weapon were taken, and the narration of Shabr ibn 'Alqama, who took the horse of the man he killed. This right applies only if the combatant was riding the animal; if the animal was untethered, at a stopping place, or with someone else, it is not salb, similar to a weapon not in hand.
Supporting text
There are two narrations from Ahmad regarding the animal when the owner was holding the reins but not riding it. One narration states it is part of the salb, which aligns with Al-Shafi'i's view, as the person retains the ability to fight using it, akin to a sword in hand. The second narration states it is not part of the salb, as the person is not mounted, similar to a horse held by his servant. If a person is on a horse while holding a spear (junaybah), the spear is not considered part of the salb because he cannot effectively utilize both simultaneously.