A slave captured by the enemy, whom the Muslims then overcome

Sayyiduna Abu Ubaydah (may Allah be pleased with him) wrote to Sayyiduna Umar (may Allah be pleased with him): If the polytheists take a slave captive and the Muslims then regain control of him, what is the ruling? Sayyiduna Umar (may Allah be pleased with him) said: Before the division of the spoils his owner has more right to him, and once they are divided, his right has ended.

Sayyiduna Umar (may Allah be pleased with him) said: If the polytheists seize the property of a Muslim, and the Muslims then fight them and overcome them, and that person finds his property exactly as it was before the division, he has more right to it; and if the spoils have been divided, then he has nothing.

Sayyiduna Ali (may Allah be pleased with him) said: It belongs to all the Muslims, because it was their property.

It is narrated from Sulayman (al-Taymi) that Sayyiduna Ali (may Allah be pleased with him) used to say: When the property of a Muslim passes into the possession of the disbelievers, it has the status of their property.

He said: And al-Hasan (may Allah have mercy on him) used to judge accordingly.

It is narrated from Zuhrah bin Yazid al-Muradi that a man among the Muslims had a slave woman who ran away and joined the enemy (then some time later) the Muslims obtained spoils, and the slave woman's owner recognized her. Sayyiduna Abu Ubaydah (may Allah be pleased with him) wrote a letter to Sayyiduna Umar (may Allah be pleased with him) asking about this. Sayyiduna Umar (may Allah be pleased with him) wrote: If the fifth has not been taken from the slave woman and she has not been divided, she is to be returned to her owner; and if the fifth has been taken and the spoils have been divided, then leave her on that course (she remains with whoever received her).

It is narrated from Nafi' that a slave of Sayyiduna Ibn Umar (may Allah be pleased with them both) ran away from him, fled with a horse and went into the land of the enemy. Sayyiduna Khalid bin al-Walid (may Allah be pleased with him) gained victory over them. One of the two was returned to Sayyiduna Ibn Umar (may Allah be pleased with them both) during the blessed lifetime of the Prophet (peace and blessings be upon him), and the other was returned after the death of the Prophet (peace and blessings be upon him).

Sayyiduna Salman bin Rabi'ah (may Allah be pleased with him) said concerning what the enemy carries off: Before the division of the spoils its owner has more right to it, and if it has been divided among the spoils, there is nothing for its owner.

Al-Rukayn narrates from his father or his paternal uncle: My horse went off somewhere, and the enemy seized it. Then the Muslims overcame them. He said: I found that horse in the stable of Sayyiduna Sa'd (may Allah be pleased with him). I said: This is my horse. He said: Where are your witnesses? I said: I will call it and it will neigh. Sayyiduna Sa'd (may Allah be pleased with him) said: If it answers your call, I will not ask you for a witness.

It is narrated from Ibn Sirin that the enemy seized a man's slave woman, and another man bought her. Her master brought the dispute to Shurayh. Shurayh said: A Muslim has the greatest right to have it returned to his brother for the price. It was said: She has borne a child to her master. Shurayh said: Free her, this is the judgement of the Amir; if she was worth so much, and if she was worth so much. He said: He is saying: This man knows judging better than Zayd bin Khaldah.

Ibrahim and al-Hasan said: If the enemy seizes the property of the Muslims, the Muslims then obtain it as spoils, and the owner of that property recognizes it, he has more right to it; and if the spoils have been divided, then the decision has passed (he will not now receive it).

Al-Hasan (may Allah have mercy on him) said: Whatever of the Muslims' property the enemy seizes and its owner recognizes, he has more right to it; and if it has been divided, the matter is settled.

Mujahid said: Whatever the disbelievers had taken possession of, if the Muslims then take possession of it again and recover it, the owner of that thing has the most right to it before the spoils are divided, and if they have been divided, he has the most right to it for the price.

Sayyiduna Ali (may Allah be pleased with him) said: Whatever the enemy takes possession of (and the Muslims then recover it), that possession stands as valid.

Ibrahim said: If the disbelievers overpower the property of the Muslims and take possession of it, and the Muslims then overcome them again, then if the spoils have been divided, the owner of that thing has the most right to take it by paying the price, and if they have not been divided, it is to be returned to the owner.

It is narrated from Tamim bin Tarafah that the disbelievers carried off a she-camel belonging to a man from among the Muslims, and a man bought that she-camel from the disbelievers. The owner of the she-camel brought the dispute to the Prophet (peace and blessings be upon him), and presented witnesses that the she-camel was his. The Prophet (peace and blessings be upon him) ruled: Pay what he bought it for from the enemy and take it, otherwise get out of his way.