ibn al-Walid, and a man stole a hundred dinars. [When the spoils were divided and the people dispersed, he felt remorse. He came to Abd al-Rahman and said: "I have stolen a hundred dinars"] (27), so take it back. He said: "The people have dispersed, and I will not accept it from you until you meet Allah with it on the Day of Resurrection." He then came to Mu'awiyah and mentioned that to him, and he said to him the same thing. He left weeping, and passed by Abdullah ibn al-Sha'ir al-Saksaki, who said: "What makes you weep?" He informed him, and he said: "To Allah we belong and to Him we shall return" (28). "Are you obedient, O servant of Allah?" He replied: "Yes." He said: "Go to Mu'awiyah and say to him: Take the fifth from me (he gave him twenty dinars), and look at the remaining eighty and give them as charity on behalf of that army; for Allah the Almighty knows their names and their places, and indeed Allah accepts repentance from His servants." Mu'awiyah said: "You have done well, by Allah. That I should have been the one to issue this fatwa (legal opinion) is dearer to me than possessing everything I have ever owned" (30). It is narrated from Ibn Mas'ud that he held the opinion that wealth for which the owner is unknown should be given as charity. Al-Shafi'i said: "I do not know of a basis for this charity" (31), and it has come in the Hadith of the one who steals from the spoils that the Prophet (peace and blessings of Allah be upon him) [said to him] (32): "I will not accept it from you until you bring it on the Day of Resurrection." Our argument is the statement of those we mentioned from the Companions and those who came after them, and we know of no one among them who disagreed with them in their era, so it constitutes a consensus. Furthermore, leaving it is a waste of it and a suspension of the benefit for which it was created, and the thief is not lightened of anything of his sin by keeping it. In giving it as charity (33), there is benefit for the poor who receive it, and the reward of the charity reaches its owner, thus the sin is removed from the thief, which is more appropriate.

1678 - Issue: He said: (And the prescribed punishment (Hadd) is not to be executed upon a Muslim in enemy territory.)

The summary of it is that whoever commits an act requiring a Hadd, or what necessitates retaliation (qisas), in the land of war, the punishment is not to be executed upon him until he returns, at which point the Hadd is executed.