he is permitted what he eats, but nothing else. 'Abd al-Rahman ibn Mu'adh ibn Jabal said: "Eat the meat of the sheep, and return their hides to the spoils of war." And because this is an edible animal, its eating is permitted, like birds. The basis for al-Khiraqi's opinion is what Sa'id narrated: Abu al-Ahwas narrated to us, from Simak ibn Harb, from Tha'labah ibn al-Hakam, who said: "We captured sheep belonging to the enemy and seized them as booty (intahabnaha), so we set up our cooking pots. The Prophet, peace and blessings of Allah be upon him, passed by the pots while they were boiling and ordered them to be overturned, then said to them: 'Spoils taken without authorization (al-nuhba) are not lawful.'" And because these animals have significant value, the owners of the spoils are reluctant to give them up, and they can be transported to the Abode of Islam, unlike birds and food. However, if the commander permits it, it is permissible, for what 'Atiyyah ibn Qays narrated, saying: "When we went out on a military expedition and captured sheep, the announcer for the commander would call out: 'Whoever wishes to take something from these sheep, let him take it, for we are not able to drive them.'" Sa'id narrated it. Likewise if he distributes them; for what Mu'adh narrated, saying: "We campaigned with the Prophet, peace and blessings of Allah be upon him, in Khaybar, and we captured sheep. The Prophet, peace and blessings of Allah be upon him, divided a portion among us and placed the remainder in the spoils of war." Narrated by Abu Dawud. Sa'id said: Isma'il ibn 'Ayyash narrated to us, from 'Ubayd Allah ibn 'Ubayd, that a man slaughtered a camel in the land of the Romans. When it had cooled, he said: "O people, take from the meat of this camel, for we have permitted it for you." Makhul said: "O Ghassani, will you not bring us some of the meat of this camel?" The Ghassani said: "O Abu 'Abd Allah, do you not see the property seized as booty (nuhba) on it?" Makhul said: "There is no 'nuhba' in what is permitted."