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Text and translation
English translation
1461. 'Umar narrated that the Messenger of Allāh ﷺ said: "Whomever you find stealing from the spoils of war while in the path of Allāh, then burn his belongings."
Šālih (one of the narrators) said: "I entered upon Maslamah and with him was Sālim bin 'Abdullāh. There was a man there who had stolen from the spoils of war, so Sālim narrated this Hadīth. So he ordered accordingly, and his belongings were burnt. There was a Mushaf in his belongings, so Sālim said: 'Sell this and give its proceeds
as charity.” (Da’if)
[Abū ‘Eisā said:] This Ḥadīth is Gharīb, we do not know of it except from this route. This is acted upon according to some of the people of knowledge. It is the view of Al-Awzā’ī, Aḥmad and Ishāq.
He said: I asked Muḥammad about this Ḥadīth and he said: “This was only reported by Ṣāliḥ bin Muḥammad bin Zā’idah, and he is Abū Wāqid Al-Laithī, and he is Munkar in Ḥadīth.”[1] Muḥammad said: “There is another Ḥadīth from the Prophet ﷺ about stealing from the spoils of war and he did not order burning one’s goods in it.” [Abū ‘Eisā said:] This Ḥadīth is Gharīb.
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Commentary
Stealing from the spoils and embezzlement in it is a severe offence. The spoils of war are collective property of the Muslims, therefore, every one should be very careful about it, and no one is allowed to take anything from it until it is distributed. If someone takes anything from it before its distribution, he commits the crime of embezzlement.
