polytheists from the Muslims, then the Muslims overcame them thereafter. He said: "Whoever finds his property in its original state, he is more entitled to it, as long as it has not been distributed." Narrated by Sa'id and al-Athram (5). As for what he catches up with after it has been distributed, there are two narrations: One of them is that its owner is more entitled to it for the price that was reckoned (6) against the one who took it; likewise, if it was sold and then its price was distributed, he is more entitled to it for the price. This is the view of Abu Hanifah, al-Thawri, al-Awza'i, and Malik, because Ibn Abbas, may Allah be pleased with him, narrated that a man found a camel of his that the polytheists had seized, and the Prophet (peace and blessings of Allah be upon him) said to him: "If you find it before we distribute it, it is yours; and if you find it after it has been distributed, you take it for its value" (7). And because he is only prevented from taking it for nothing so that it does not lead to depriving him of his share of the booty, or causing the price to be lost for the buyer, and their rights are redressed through the price, so the owner of the property returns to the very substance of his property, similar to the purchaser of a share that is subject to preemption (shuf'ah). However, what is reported from Malik and Abu Hanifah is that he takes it for its value. Something similar is narrated from Mujahid. The second narration from Ahmad is that if it has been distributed, he has no right to it at all. He stated this explicitly in a narration from Abu Dawud and others. This (8) is the view of Umar, Ali, Salman ibn Rabi'ah, 'Ata', al-Nakha'i, and al-Layth. Ahmad said: As for the statement of those who said: "He is more entitled to it (9) for its value," it is a weak statement attributed to Mujahid. Al-Shafi'i said: Its owner takes it before the distribution and after it, and its purchaser is given its price from the one-fifth (khums) for public interests, because it did not depart from the ownership of its owner, so it is necessary that he be entitled to take it for nothing, just as before the distribution, and the one against whom the value was reckoned is given the compensation, so as not to lead to depriving him of his right from the booty; and it is placed under the share of public interests because this is one of them. This is the view of Ibn al-Mundhir. Our evidence is what was narrated that Umar, may Allah be pleased with him, wrote to al-Sa'ib: "Whatever man from the Muslims finds his slave and his belongings in their original state, he is more entitled to it than anyone else; but if he finds it in the hands of the merchants after it has been distributed, there is no path (10) to it." Salman ibn...