the Prophet, peace and blessings be upon him, after concluding a peace agreement with the people of Khaybar stipulating the surrender of their gold, silver, and weapons, questioned one of the Jews—Sa‘yah, the uncle of Huyayy ibn Akhtab—about Huyayy ibn Akhtab’s treasure. He replied, ‘Expenses and wars have consumed it.’ The Prophet said, ‘Only a short time has passed, and the wealth was too great for that.’ The Prophet, peace and blessings be upon him, then handed Sa‘yah over to al-Zubayr, who subjected him to torture. Sa‘yah said, ‘I saw Huyayy going around a ruin here.’ They went and searched, and found the leather container in the ruin.”

This man was a protected non-Muslim, and a protected non-Muslim may not lawfully be punished without just cause. Likewise, anyone who conceals something he is obliged to disclose, such as information he must provide, is punished for neglecting that obligation.

A just ruler may recover from officials and others whatever Muslim property they have taken unlawfully, including gifts they receive because of their office. Abū Sa‘īd al-Khudrī, may Allah be pleased with him, said, “Gifts to public officials constitute misappropriation.” Ibrāhīm al-Harbī narrated in his Kitāb al-Hadāyā (Book of Gifts), from Ibn ‘Abbās, may Allah be pleased with them both, that the Prophet, peace and blessings be upon him, said:

“Gifts to governors constitute misappropriation.”

Al-Bukhārī and Muslim both recorded in their Sahīhs that Abū Humayd al-Sā‘idī, may Allah be pleased with him, said: “The Prophet, peace and blessings be upon him, appointed a man from al-Azd called Ibn al-Lutbiyyah to collect zakat. When he returned, he said, ‘This is for you, and this was given to me as a gift.’ The Prophet, peace and blessings be upon him, said, ‘Why is it that a man whom we appoint to carry out one of the duties that