their main body." The fact that the Prophet (peace be upon him) granted one-fourth as extra booty (nafal) at the beginning of the expedition and one-third upon their return is evidence of their sharing in everything else. For if they had been exclusive in what they seized, its third would not have been considered extra booty. Furthermore, they are a single army, and every one of them is a defense for his companion, so they share, just as if one side of the army were to seize spoils. If the commander stays in the lands of Islam and sends a detachment or an army, then whatever the detachment seizes belongs to it alone; this is because only the mujahidin (warriors) participate, and the one residing in the lands of Islam is not a mujahid. If he dispatches two armies or two detachments from the lands of Islam, then each one is exclusive in what it seizes, because each one acted independently in the raid, thus it acted independently in the spoils. This is unlike the case where the army sets out and enters the lands of the disbelievers in its entirety, as all of them participated in the Jihad, and thus they share in the spoils.
1664 - Issue; He said: (Whoever has surplus food and brings it into the country is to cast it into the spoils of that expedition, according to one of the two narrations.)
The other [narration] is that it is permissible for him to eat it if it is a small amount. As for a large amount, it must be returned, without any disagreement that we know of; because whatever was permissible for him in the Dar al-Harb (land of war), when he takes it in such a way that a large amount of it remains upon reaching the Dar al-Islam (land of Islam), he has taken what he does not need, so he is obligated to return it; for the fundamental rule is its prohibition, as it is shared among the warriors, like the rest of the wealth. It was only permitted to the extent that necessity required, so any excess remains subject to the fundamental rule of prohibition, and for this reason, he is not permitted to sell it. As for a small amount, there are two narrations regarding it: one is that it must also be returned, which is the choice of Abu Bakr, the opinion of Abu Hanifa, Ibn al-Mundhir, one of the two opinions of al-Shafi'i, and Abu Thawr, for the reason we mentioned regarding the large amount, and because the Prophet (peace be upon him) said: "Return the thread and the needle." And because it is...
(4) Recorded similarly by Abu Dawud, in: Kitab al-Jihad, Chapter: Regarding the detachment that returns to the main body of the army, and in: Kitab al-Diyat, Chapter: Is the Muslim killed for the disbeliever? Sunan Abi Dawud 2/73, 488. See the verification of the hadith: "The blood of the Muslims is equivalent," which preceded in 11/460. (5) In A, M: "for every". (1) In A, B: "spoils". (2) In M: "permitted". (3) In B: "he is then obligated". (4) Its verification preceded on page 130.