the enemy overpowers it, he is not liable for any of the price, and if the price had already been taken from him, it shall be returned to him.

The summary of this is that if the leader sells something from the spoils before its division for the sake of a benefit, the sale is valid. If the disbelievers return and overpower the sold item, and take it from the purchaser in the House of War, we must consider: if it was due to negligence on the part of the purchaser, such as if he took it out of the military camp and the like, then the liability is upon him, because its loss occurred through his negligence, so it is his responsibility, just as if he had destroyed it. If it occurred without his negligence, there are two narrations: The first is that the sale is annulled, and it is the liability of the people of the spoils. If the price had not been taken from the purchaser, it is waived for him, and if it had been taken from him, it is returned to him; this is because the possession was not completed, as the wealth in the House of War is not secured and is at risk from the enemy, thus it resembles fruit sold on trees if it perishes before harvesting. The second narration is that it is the liability of the purchaser, and he is obligated to pay its price. This is the most prevalent narration from Ahmad, and it was chosen by al-Khallal and his companion Abu Bakr. This is also the school of al-Shafi'i, because it is possessed wealth that was made permissible for its purchaser, so its liability is upon him, just as if it were secured in the House of Islam. Furthermore, the enemy taking it is considered destruction, for which the seller is not liable, like other types of destruction, and because its growth belongs to the purchaser, its liability is upon him; according to the saying of the Prophet (may Allah bless him and grant him peace): "The gain is for the risk (al-kharaju bi-l-daman)."

Section: If the spoils are divided in the House of War, it is permissible for whoever receives his share to dispose of it through sale or otherwise. If some of them sell to others something from it, and the enemy overpowers it, there are two views regarding whether the seller is liable for it, based on the two narrations regarding the preceding case. If a buyer purchases it from that purchaser, the same applies. Thus, if we say: "It is the liability of the seller," the second seller returns to the first seller regarding what he was held liable for.

Section: Ahmad said regarding a man who buys a slave girl from the spoils, who has jewelry on her neck