Is the spoil (salb) of a slain enemy soldier granted to the killer in all circumstances?
General Chapter
Al-Mughni
Book of Jihad
Primary text
The spoil belongs to the killer in every situation, unless the enemy retreats. This is the position held by Al-Shafi'i, Abu Thawr, Dawud, and Ibn al-Mundhir. The evidence for this is the general statement of the Prophet, peace be upon him: "Whoever kills an enemy soldier, his is his spoil." Furthermore, the action of Abu Qatadah, who took the spoil of the man he killed, occurred during the clashing of the two armies, as indicated by his own description of engaging a polytheist attacking a Muslim. Similarly, the action of Abu Talha, who killed twenty men and took their spoils after the armies had engaged, supports this ruling.
Supporting text
Some scholars, including Masruq, hold that if the two armies have already met in battle, the killer has no claim to the spoil, asserting that the spoils (nafl) are taken before or after the main engagement. Al-Awza'i, Sa'id ibn 'Abd al-Aziz, and Abu Bakr ibn Abi Maryam agree that if the lines have extended towards each other, no one receives the spoil.