from another ḥarbī (enemy alien) or were to buy something from him, and thereafter both of them embraced Islam or agreed to pay jizyah, the original right—whether a debt or the price of the goods—remains in force. If instead the borrower had destroyed the other’s property and they then became Muslim, the sound view is that no liability is incurred.

Any property wrested by force from belligerents counts as ghanīmah (war-booty), and—according to the stronger opinion—the same ruling applies to whatever an individual or a group removes from the abode of war by theft, or finds there lying like lost property. Should it be possible that the item belongs to a Muslim, it must be publicly announced.

The victorious troops may make use of the booty for their immediate needs: they may take provisions, the condiments needed to prepare them, meat, fat and any food commonly eaten; they may also take fodder for their animals, such as straw and barley, and may slaughter edible livestock for its meat. The correct position allows them to eat fruit as well, holds that they are not liable for the value of what they slaughter, and does not restrict the permission to those who are actually short of food or fodder. That licence, however, does not extend to anyone who joins the army after the fighting and seizure have ended; and whoever returns to Muslim territory with any of the booty still in his possession must deliver it to the public booty fund. The place where this temporary use is permitted is the enemy land itself, and—on the sounder view—any territory that Muslim settlement has not yet reached.

A competent soldier, even if he is legally interdicted on account of bankruptcy, may renounce his share of the booty before it is divided. The sounder opinion permits him to do so even after the khums (one-fifth) has been set aside, and makes the same concession to all the combatants, though not to those of the Prophet’s near kin who have a fixed share of the khums, nor to the killer who is entitled to the personal spoil (salab). One who waives his share is treated as though he had not been present. If he dies, the right passes to his heirs. Ownership of the booty is not established until it is apportioned, after which they are entitled to take possession. Another view holds that they acquire ownership as soon as they seize it, while a third maintains that their ownership becomes effective only if the booty actually reaches the stage of division.

Real property is acquired by seizure just like movable goods. If the spoils include a useful dog and one of the soldiers wants it with no opposition, it may be given to him; otherwise it is divided if practicable, and if not, lots are drawn.

The sound position is that the Sawād of Iraq was conquered by force, then distributed; the recipients subsequently relinquished it, whereupon it was set aside as a waqf for the Muslims, its kharāj serving as annual rent for Muslim public interests. The Sawād stretches in length from Abadan to Ḥadītha of Mosul, and in width from al-Qādisiyyah to Hulwān.

I (the author) say: The stronger view is that, although Basra lies within the geographical bounds of the Sawād, its special ruling applies only to the districts west of its Tigris and east of it, and that the houses and dwellings within the Sawād may be sold. Allah knows best. Makkah was opened by peaceful settlement, so its houses and its cultivated land are privately owned and may be sold.