Musannaf Ibn Abi Shaybah

Hazrat Abu Ubaidah (may Allah be pleased with him) wrote to Hazrat Umar (may Allah be pleased with him) asking: If a slave is captured by the polytheists and then the Muslims regain dominance over him, what is the ruling? Hazrat Umar (may Allah be pleased with him) replied: Before the distribution of the spoils, his owner has more right to him, but if the spoils have been distributed, then his right has ended.

Hazrat Umar (may Allah be pleased with him) said: If the polytheists seize the wealth of a Muslim, then the Muslims wage jihad and overpower them, and that person finds his wealth exactly as it was before the distribution, then he has a greater right to that wealth. But if the spoils have been distributed, then he has no claim to it.

Hazrat Ali (may Allah be pleased with him) said: It is for all the Muslims, because it was their wealth.

It is narrated from Hazrat Salman (may Allah be pleased with him) that Hazrat Ali (may Allah be pleased with him) used to say that if the wealth of a Muslim falls into the possession of the disbelievers, then it is considered as their wealth. And Hasan (may Allah have mercy on him) also used to give the same ruling.

It is narrated from Zuhrah ibn Yazid al-Muradi that a Muslim man had a slave girl who ran away and joined the enemy. (After some time) the Muslims obtained war booty, and the owner of the slave girl recognized her. Hazrat Abu Ubaidah (may Allah be pleased with him) wrote a letter to Hazrat Umar (may Allah be pleased with him) to inquire about the matter. Hazrat Umar (may Allah be pleased with him) wrote: If the khums (one-fifth) of the slave girl has not been taken out and she has not been distributed, then she should be returned to her owner. But if the khums has been taken out and the booty has been distributed, then keep her as she is (she will remain with the one who received her).

It is narrated from Hazrat Nafi’ (may Allah be pleased with him) that a slave of Hazrat Ibn Umar (may Allah be pleased with them both) ran away from him, taking a horse and fleeing, and went into enemy territory. Hazrat Khalid bin Walid (may Allah be pleased with him) gained victory over them. One of the items was returned to Hazrat Ibn Umar (may Allah be pleased with them both) during the blessed life of the Messenger of Allah (peace and blessings be upon him), and the other item was returned after the Messenger of Allah (peace and blessings be upon him) had passed away.

Hazrat Salman bin Rabee’ah (may Allah be pleased with him) says regarding the thing which the enemy takes away: He said, before the distribution of the spoils, its owner has more right to it, and if it is distributed in the spoils, then there is nothing for its owner.

Hazrat Rakeen narrates from his father that my horse went missing somewhere. Then the enemies captured it. Afterwards, the Muslims prevailed over them. He (may Allah be pleased with him) said that I found this horse in the stable of Hazrat Sa’d (may Allah be pleased with him). I said: This is my horse. He said: Where are your witnesses? I said: If I call it, it will neigh. Hazrat Sa’d (may Allah be pleased with him) said: If it responds to your call, I will not demand any witnesses from you.

It is narrated from Hazrat Ibn Sirin that a slave girl of a man was captured by the enemy, and someone bought her. Her master came with a complaint to Hazrat Shurayh. Hazrat Shurayh said: The Muslim has more right to her, provided his brother is returned the price. It was said that she had borne a child from her master. Hazrat Shurayh said: Set her free; this is the decision of the Amir. If she was worth such and such, if she was worth such and such, does this person know judicial matters better than Zaid bin Khalidah?

Ibrahim and Hasan state that if the enemy seizes the wealth of Muslims and then the Muslims acquire it as spoils of war, and the owner of that wealth recognizes his property, then he has a greater right to it. But if the spoils have already been distributed, then the decision has passed. (He will not receive it now.)

Hazrat Mujahid says that if something was seized by the disbelievers and then the Muslims regain possession of it before the spoils are distributed, its original owner has a greater right to it; and if it has already been distributed, then he has a greater right to it by paying its price.

Hazrat Ali (may Allah be pleased with him) said: If an enemy takes possession of something (and the Muslims take it back), it is lawful for the original owner.

Ibrahim says that if the disbelievers overpower the Muslims and seize their wealth, and then the Muslims overpower them again, then if the spoils have been distributed, the original owner has more right to take back his property by paying its price. And if it has not been distributed, then it should be returned to its owner.

It is narrated from Hazrat Tamim bin Tarfa that: The camel of a Muslim was taken away by the disbelievers. A man bought that camel from the disbelievers. The owner of the camel came to the service of the Holy Prophet (peace be upon him) with a dispute and presented witnesses to prove that the camel was his. The Holy Prophet (peace be upon him) decided that: Pay the amount for which he bought it from the enemy and take it, otherwise move away from their path.