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Text and translation
English translation
1562. Abū Qatādah narrated that the Messenger of Allāh ﷺ said: "Whoever kills someone in battle, having a proof for that, then his goods are his." (Ṣaḥīḥ)
[Abū 'Eisā said:] There is a story with this Hadīth.
(Another chain) with similar meaning.
There are narrations on this topic from 'Awf bin Mālik, Khālid bin Al-Wālid, Anas, and Samurah.
This Hadīth is Ḥasan Ṣaḥīḥ. Abū Muḥammad is Nāfi' the freed slave of Abū Qatādah.
This is acted upon according to some of the people of knowledge among the Companions of the Prophet ﷺ and others. It is the view of Al-Awzā'ī, Ash-Shāfi'ī and Aḥmad.
Some of the people of knowledge said that the Imām takes Khumus from those goods. Ath-Thawrī said: "The Nafl is when the Imām says: 'Whoever got something, then it is his. And whoever killed a fighter, then his goods are his.' So it is allowed, and there is no Khumus taken from it." Ishāq said: "The goods are for the one who did the killing, unless it is something that is a large amount." So he saw that the Imām could take the Khumus from that, just as 'Umar bin Al-Khaṭṭāb did.
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Commentary
In battle, the personal belongings of a fallen enemy like his sword, clothes etc., when the fighter has a witness or some proof he keeps such goods. Imām Al-Awzā'ī, Al-Laith, Ash-Shafi'i, Ahmad, Ishāq, and others support this point of view and this is correct. If the personal belongings of the killed are precious or considerable in quantity, then the chief of the army is allowed to take one fifth of it for the state.
