to do so, whatever clothing they wore and mounts they rode are to be reclaimed from them and placed among the booty if they remain intact, and charged against their share if they have been consumed.
This is apparent from what Aḥmad said, according to the narration of Abū Ṭālib, concerning soap found in Byzantine lands: “No. It is not food, and he should not wash with it.” He also said, according to the narration of Isḥāq ibn Ibrāhīm, concerning a man whose whip falls from him and who takes a branch from a tree to make a whip: “I think it should be placed among the booty, or its value should be placed among the booty.” It is also reported in the Questions of Isḥāq ibn Ibrāhīm that he asked about a man who needs one of the animals captured as booty and wishes to ride it. Aḥmad replied: “Yes, but he must not wear it out.” He was asked, “May he take a sword and wear the clothing?” He replied: “Yes,” citing the hadith of Ibn Masʿūd: “He took Abū Jahl’s sword and struck him with it.” Ibn Masʿūd had used it on that occasion. He was also asked about clothing that a man needs, and he replied: “He may wear their clothing, but when he reaches the booty, he should place it among it.” The apparent meaning of this is that he permitted him to use clothing and weapons.
None of them may have intercourse with a female captive unless she is allotted to him as part of his share, and then only after observing the prescribed waiting period to ascertain that she is not pregnant. If he has intercourse with her before the booty is divided, he is subjected to a discretionary punishment rather than the fixed legal penalty, because he has a share in her; nevertheless, he must pay her dower, which is added to the booty. If she bears him a child, the child is attributed to him, and she becomes an umm walad—an enslaved woman who has borne her owner a child—if he comes to own her. But if he has intercourse with a woman who was not included among the captives, he is subject to the fixed legal penalty, and any child she conceives is not attributed to him.
When this command is granted for a single military expedition, its commander may not undertake another expedition, regardless of whether he gained booty in the first one. But when it is granted generally, year after year, he is required to resume military expeditions whenever he is able to do so. He must not desist once the impediments have been removed, except for the time needed to rest. The minimum that fulfills his duty is that he not leave a whole year without undertaking jihad.
This commander is required to oversee the affairs of the warriors and enforce the fixed legal penalties upon them. He is not to adjudicate the cases of anyone else while he is traveling to his frontier post. Once he has settled in the frontier post entrusted to him, he may adjudicate the cases of all its inhabitants, both its fighters and its civilian population. If his command is limited, the rulings applicable to a limited command apply to him.
As for fighting the apostates, it is a duty after they have been warned for three days, whether the apostate is a man or a woman. An apostate may not be allowed to remain in apostasy in return for jizyah or under a treaty. Their slaughtered animals may not be eaten, and no woman from among them may be married. If an apostate is killed, he is neither washed nor prayed over, nor is he buried in the cemeteries of the Muslims, because through apostasy he has separated himself from them.