unless stipulated. These are two opinions reported from Ahmad and others (1).
Likewise—according to the correct view—the ruler may say [أ/ق 15], “Whatever a person takes belongs to him,” as it is reported that the Prophet, peace and blessings be upon him, said during the Battle of Badr (2), when he judges that the benefit (3) outweighs the harm.
If the ruler collects and distributes the spoils, no one may misappropriate anything from them: “Whoever misappropriates anything will bring what he misappropriated on the Day of Resurrection” [Āl Imrān: 161]. Such misappropriation is treachery. Nor is pillaging permissible, for the Prophet, peace and blessings be upon him, forbade it (4). If (5), however, the ruler refrains from collecting and distributing the spoils and lawfully permits them to be taken, whatever a person takes without transgression is lawful (6) for him once one-fifth of it has been set aside. Anything that indicates permission counts as permission.
If, however, he does not give permission, or gives permission that is not valid, a person may take the amount that would fall to his share upon distribution, taking care to be equitable in doing so.