Is taking the salb permissible without the Imam's permission?
General Chapter
Al-Mughni
Book of Jihad
Primary text
The killer is entitled to take the salb without the permission of the Imam because the Prophet granted him this right as a specific allocation. A killer should take it without permission for fear that if he declares it openly, he may not be granted it. This position is held by Ibn al-Mundhir and Al-Shafi'i. The basis for this is the Prophet's general decree that the salb belongs to the killer, which constitutes a general rule for every battle and a continuous ruling for every killer.
Supporting text
Ahmad stated that he dislikes the killer taking the salb except with the Imam's permission; this is also the view of Al-Awza'i. The reasoning behind this view is that the issue is one of independent juristic reasoning (ijtihad), and therefore, the ruling should not be implemented except with the Imam's authorization, similar to taking one's share of the main spoils. However, this stance from Ahmad may be interpreted as recommending permission to avoid scholarly disagreement, rather than being obligatory. If taken without permission, the recommended virtue is forfeited, but the killer retains what he took.