Immediate Benefit from War Booty: Rulings on Food and Fodder
✍ Written by: Imran Ayub Lahori
Except for food and grass, it is forbidden to derive benefit from any item of war booty before distribution.
❶ Narration of Hazrat Rafi‘ bin Thabit (رضي الله عنه):
The Messenger of Allah (ﷺ) said:
من كان يؤمن بالله واليوم الآخر فلا يركب دابة من فيئ المسلمين حتى إذا أعجفها ردّها فيه ولا يلبس ثوبا من فيئ المسلمين حتى إذا أخلقه ردّه فيه
“One who believes in Allah and the Last Day must not ride a horse from the Muslims’ booty until he renders it weak and then returns it, nor should he wear a garment from the Muslims’ booty until he wears it out and then returns it to the Bayt al-Mal.”
[Sahih: Sunan Abu Dawud: 2356, Kitab al-Jihad: Bab fi al-rajul yantafi‘ min al-ghanīmah bil-shay’, Abu Dawud: 2708, Musnad Ahmad: 108/4, 109, Al-Darimi: 230/2, Ibn Hibban: 4850, Sharh Ma‘ani al-Athar: 251/3, Al-Tabarani al-Kabir: 4482/4. Hafiz Ibn Hajar (رحمه الله) declared it Hasan. Fath al-Bari: 388/6]
❷ Statement of Hazrat Ibn ‘Umar (رضي الله عنهما):
He said:
During battles, honey and grapes would come into our hands, so we would eat them but would not carry them away.
[Bukhari: 3154, Kitab Fard al-Khums: Bab ma yusib min al-ta‘am fi ard al-harb]
❸ Narration in Sunan Abu Dawud:
فلم يؤخذ منهما الخمس
“No khums was taken from these two items (honey and grapes).”
[Sahih: Sunan Abu Dawud: 2350, Kitab al-Jihad: Bab fi ibahat al-ta‘am fi ard al-‘adu, Abu Dawud: 2701, Ibn Hibban: 4825, Al-Bayhaqi: 59/9, Al-Tabarani al-Kabir: 13372/12]
❹ Narration of Hazrat ‘Abdullah bin Abi Awfa (رضي الله عنه):
He reported:
On the day of Khaybar, food items came into our possession. Each man would come, take from it according to his need to eat, and then leave.
[Sahih: Sunan Abu Dawud: 2353, Kitab al-Jihad: Bab fi al-nahy ‘an al-nahbi, Musnad Ahmad: 354/4, Abu Dawud: 2704, Al-Hakim: 126/2, Al-Bayhaqi: 60/9]
❺ Narration of Hazrat ‘Abdullah bin Mughaffal (رضي الله عنه):
He said:
On the day of Khaybar, I found a bag of fat. I picked it up and said:
“Today, I will not give anyone anything from it.”
فالتفت فإذا رسول الله متبسم
“Then suddenly, I saw the Messenger of Allah (ﷺ) looking at me and smiling.”
[Muslim: 1772, Kitab al-Jihad wa al-Siyar: Bab jawaz al-akl min ta‘am al-ghanīmah fi dar al-harb, Musnad Ahmad: 86/4, Abu Dawud: 2702, Al-Nasa’i: 236/7, Bukhari: 3153]
Scholarly Opinions
◈ Majority (Jumhur):
Whether the ruler permits or not, it is permissible during war to consume food and drinks found on the spot without taking them away. Fodder is also included by analogy. Even if there is no urgent need, eating is still allowed. This ruling is specific and not contradicted by the general prohibition of ghulul (embezzlement) and treachery.
◈ Imam al-Zuhri (رحمه الله):
Be it food or anything else, nothing may be taken without the ruler’s permission.
◈ Imam al-Shafi‘i (رحمه الله), Imam Malik (رحمه الله):
Slaughtering animals for food is also permissible, as supported by Hadith. However, Imam al-Shafi‘i placed the condition of necessity for slaughtering animals.
[Al-Mughni: 143/13, Al-Ikhtiyar: 125/4, Al-Umm by Al-Shafi‘i: 355/7, Nayl al-Awtar: 55/5, Subul al-Salam: 1787/4 – 1788]
◈ Ibn Hajar (رحمه الله):
During war, it is unanimously permissible to use enemy animals for riding, and also to use their clothes and weapons, but these must be returned after the war ends.
[Fath al-Bari: 388/6]
Summary:- Consuming food and fodder during war is allowed before distribution, but without carrying them away.
- Using animals, clothes, and weapons during war is permissible, but they must be returned once the war is over.
- Scholarly differences exist regarding the ruler’s permission and slaughtering of animals.
