Jabalata, that the Messenger of Allah (may Allah bless him and grant him peace) said: "It is incumbent upon the Muslims regarding their fay' (spoils) that they ransom their captives and pay on behalf of their debtors." It is narrated from the Prophet (may Allah bless him and grant him peace) that he wrote a document between the Muhajirun and the Ansar: "That they shall pay the blood money for their kin, and that they shall free their captives with kindness." The Prophet (may Allah bless him and grant him peace) ransomed two Muslim men with the man he had captured from the tribe of 'Uqayl, and he ransomed the woman he had asked for from Salamah ibn al-Akwa' with two men.

1667 - Issue: He said: (And when the leader secures the spoils and appoints someone to guard them, it is not permissible to eat from them, unless necessity compels them, such as if they do not find anything to eat.)

The summary of this is that when the spoils are collected, and they contain food or fodder, it is not permissible for anyone to take it except out of necessity, because we only permitted taking it before it was collected, as the ownership of the Muslims had not yet been established therein, thus it resembled permissible items like firewood and grass. Once the spoils are secured, the ownership of the Muslims is established therein, so it leaves the category of permissible items and becomes like the rest of their property. Therefore, eating from it is not permitted except out of necessity, which is when they do not find anything else to eat. In that case, it is permitted because protecting their lives and their mounts is more important, and it makes no difference whether they are secured in the House of War or the House of Islam. The Qadi said: If they were in the House of War, it is permitted to eat from them even if they are secured, because the House of War is a place of need due to the difficulty of transporting provisions there, unlike the House of Islam. Al-Khiraqi's statement is general in both situations, and the meaning necessitates it; for that which the Muslims have taken possession of and their ownership is verified, it should not be taken except with their consent, like their other properties. Furthermore, securing it in the House of War establishes ownership in it, evidenced by the permissibility of dividing it and the establishment of ownership rules upon it, unlike what is before securing, for ownership has not yet been established therein.

1668 - Issue: He said: (And whoever buys from the spoils in the lands of the Romans, then the enemy overpowers it