What specific items belonging to the betrayer ('Ghall') are exempt from being burned?
General Chapter
Al-Mughni
Book of Jihad
Primary text
The Qur'an (Mus'haf) found among the betrayer's concealed goods must not be burned due to its sanctity. Instead, its value should be sold and the price given in charity, based on a statement by Salim when a Mus'haf was found among seized goods. Similarly, living animals must not be burned due to the prohibition against punishing any living creature with fire, except by its Creator, and due to the inherent sanctity of the animal. The gear of the animal (such as saddles or harnesses) should also not be burned because the owner needs them for utilizing the animal, and they are considered subordinate to what is burned. The clothes the betrayer is currently wearing are exempt because it is impermissible to leave him naked. Any spoil he had acquired (the actual Ghalul) should be returned to the general spoils account. His weapons must be spared as they are needed for fighting, as is his sustenance, which is usually not subject to burning by custom. All unburned portions of metal or other materials remain the property of the owner, as his ownership was established and the punishment was specifically the burning of his miscellaneous property.
Supporting text
Al-Awza'i stated that the saddle and saddle-pad of the animal should be burned. There is a view that the betrayer's personal clothing should not be burned because it is considered something worn by a living being, similar to the clothing of the betrayer himself. There is a possibility that the Mus'haf should be sold and the proceeds given as charity, based on Salim's guidance.