Chapter on Nafl (Bonus Allotments)
No nafl may be taken except from the khums—the statutory one-fifth. Granting a nafl at the opening of a conquest or at its conclusion is permissible, but only on the basis of discretionary judgment (ijtihād). A nafl is a gift that the commander gives to whomever he believes will bring a benefit he hopes to obtain.
In the view of Mālik, the only nafl that may be granted is the personal effects (salab) of the slain enemy awarded to his killer and anything analogous to that. He interprets the Prophet’s statement, “Whoever kills an enemy combatant is entitled to his equipment,” as having been uttered only after the battle had cooled down. According to him, the killer is not entitled to the slain man’s effects unless the commander publicly proclaims it, and the commander is under no obligation to make such a proclamation; it is merely a matter of ijtihād if he sees a reason for it. All of the foregoing represents the position of Mālik and his companions.
Mālik also said, and he did not