among them, and each one of them requests it, lots are cast among them for it. If they find pigs, they are to be killed, because they are harmful and have no utility. If they find wine, they are to pour it out; if its vessels have some utility for the Muslims, they may take them, otherwise, they should break them so that they do not return to using them.

Section: A warrior may provide fodder for his animals and food for his servants from what it is permissible for him to eat, whether they were [intended for private use] or for trade. Abu Dawud said: I said to Abu 'Abd Allah: A man buys captives in the lands of the Romans; may he feed them from the food of the Romans? He said: Yes, he may feed them. His son 'Abd Allah narrated from him, saying: I asked my father about a man who enters the lands of the Romans, with a slave woman and a beast of trade, [if he feeds them—meaning the slave woman—and provides fodder for the beast? He said: I do not like that. If they were not for trade], he saw no harm in it. The implication of this is that it is not permissible to feed what is intended for trade, because it is not from that which aids in the war. Al-Khallal said: Ahmad retracted this narration, and a group narrated from him after this that there is no harm in it; this is because there is a pressing need for it, so it resembles that which is not intended for trade.

1663 - Issue; He said: (The army participates with its detachments in what it seizes as spoils, and they participate with it in what it seizes.)

The collective meaning is that when an army sets out as warriors and a detachment or more emerges from it, whichever of them seizes spoils, the other participates with it, according to the opinion of the generality of scholars; among them are Malik, al-Thawri, al-Awza'i, al-Layth, Hammad, al-Shafi'i, Ishaq, Abu Thawr, and the people of jurisprudence (Ahl al-Ra'y). Al-Nakha'i said: If the Imam wishes, he may set aside one-fifth of what the detachment brings, and if he wishes, he may grant them all of it as extra booty (nafal). It has been narrated that when the Prophet (peace be upon him) fought Hawazin, he sent a detachment of the army towards Awtas, and the detachment seized spoils, so he made them and the army participants in it. Ibn al-Mundhir said: We have narrated that the Prophet (peace be upon him) said: "And their detachments return to their main body."