If a slave girl captured as spoils is purchased along with her personal belongings (jewelry, clothing), what is the ruling on these accompanying items?
General Chapter
Al-Mughni
Book of Jihad
Primary text
When a slave girl from the spoils is purchased along with jewelry on her neck and clothing, these items must be returned to the spoils, except for items worn for basic covering, such as a shirt, head covering (miqna'a), and a lower garment (izar). This is the position of Imam Ahmad, Hukaym bin Hizam, Makkul, and others. This is supported by the Hadith: 'Whoever sells a slave who has property, his property belongs to the seller.' Items worn visibly, such as earrings, rings, and necklaces, are presumed to be included in the sale price because the buyer and seller see them, unlike hidden items.
Supporting text
Al-Sha'bi stated that hidden wealth should be placed in the public treasury (Bayt al-Mal). Malik permitted small items like earrings but not large amounts.