Lessons derived from the hadiths

1. Hadiths 1128 and 1129 show that individual members of the army or of a detachment may take perishable items—staple foods, fruit, anything that serves as sustenance—as well as fodder for their mounts and similar things that people customarily allow to be used. They may benefit from such items without first seeking the commander’s permission.

2. These two hadiths also indicate that taking such consumables does not constitute the forbidden embezzlement (ghulūl).

3. Hadith 1130, however, establishes the prohibition of taking any tangible property that forms part of the booty and is destined to be divided among the combatants, even if one only intends to use it temporarily and then return it. Thus, it is impermissible to take an animal from the booty or the fayʾ, make use of it, and then bring it back; the same applies to taking a garment or bedding from the fayʾ or the booty, using it, and then returning it. All of this falls under the heading of ghulūl, because it is an unlawful appropriation of benefits that belong jointly to the fighters.

4. The text’s mention of leaving the animal gaunt, emaciated, or wearing the garment threadbare is probably not meant literally; rather, this style of expression is used to portray the embezzler in an ugly light for having made use of the booty or the fayʾ without right.

5. One is not absolved of liability for such property in this life or the next unless it is returned to the booty. If that is impossible, it must be spent on matters that serve the common good of the Muslims.
   Shaykh al-Islam said: If the repentant possessor of usurped goods is unable to identify their rightful owners, he is to dispose of them in the Muslims’ collective interests. The same ruling applies to pledged items, deposits, and all other trusts.