"Whoever wishes, let him seize it." It was narrated by Abū Dāwūd (3). This follows the same manner as nithār (scattering). It has been narrated that the Prophet (may Allah bless him and grant him peace) was invited to a feast of a man from the Anṣār, then they were brought something to be looted (nahb), so it was looted upon him. The narrator said: I looked at the Messenger of Allah (may Allah bless him and grant him peace) jostling with the people and grabbing handfuls (4) of it. I said: "O Messenger of Allah, have you not forbidden us from looting (nuhbā)?" He said: "I forbade you from the looting of the armies (5)." And because it is a type of permissibility, it resembles the permissibility of food for guests. Our evidence [for the opposing view] is what was narrated from the Prophet (may Allah bless him and grant him peace), that he said: "Looting (nuhbā) and mutilation (muthlah) are not permissible." Narrated by al-Bukhārī (7). In another wording, the Prophet (may Allah bless him and grant him peace) forbade looting and mutilation. And because it involves looting, jostling, and fighting, and perhaps someone takes it whom the owner of the nithār dislikes due to his greed, gluttony, and the baseness of his soul, while someone whom the owner likes is deprived of it due to his dignity, self-restraint, and protection of his honor. This is the common case, for people of dignity protect themselves from jostling with the lowest of people over some food or otherwise. Also, because there is baseness in this, and Allah loves matters of high standing and dislikes the trivialities thereof. As for the report of the camels, it is possible that the Prophet (may Allah bless him and grant him peace) knew there was no looting involved in that due to the abundance of meat and the small number of those taking it, or he did that because he was too occupied with the rites of pilgrimage to distribute it. In sum, the disagreement is only regarding the dislike (karāhiyyah) of that, but as for its permissibility (8), there is no disagreement regarding it, nor regarding picking it up, because it is a type of permission for his wealth, so it resembles other forms of permissibility.
(3) Its verification has preceded in: 5/301. (4) In B and M: "or similar to it". (5) Al-Ṭaḥāwī narrated the like of it in: The Chapter on Looting What is Scattered Among the People... from the Book of Marriage. Sharḥ Maʿānī al-Āthār 3/50. (6) In A: "al-nuhbah". (7) In: The Chapter on Prohibition Without the Owner's Permission, from the Book of Grievances (Maẓālim), and in: The Chapter on What is Disliked Regarding Mutilation, Bound Prey (Maṣbūrah), and Staked Animals (Mujaththamah), from the Book of Slaughtering. Ṣaḥīḥ al-Bukhārī 3/178, 7/122. It was also narrated by Abū Dāwūd in: The Chapter on the Prohibition of Looting... from the Book of Jihād. Sunan Abī Dāwūd 2/60. And al-Nasāʾī in: The Chapter on Plucking, from the Book of Adornment. al-Mujtabā 8/123. And Ibn Mājah in: The Book of Prohibition of Looting, from the Book of Fitnah. Sunan Ibn Mājah 2/1299. And al-Dārimī in: The Book of What is Not Eaten of Predators, and the Chapter on the Prohibition of Looting, from the Book of Sacrifices. Sunan al-Dārimī 2/85, 88. And Imām Aḥmad in: al-Musnad 2/325, 3/140, 323, 4/117, 134, 135, 194, 307, 5/193, 195, 6/445. (8) In the original: "al-ibāḥah" (the permission).