remains as it is. Umar (may Allah be pleased with him) said: "I provided a noble horse in the path of Allah, but its owner, with whom it was left, neglected it. I wanted to buy it, and [I thought that he] (3) would sell it cheaply. I asked the Messenger of Allah (peace and blessings of Allah be upon him), and he said: 'Do not buy it, and do not return to your charity, even if he offers it to you for a dirham; for the one who returns to his charity is like a dog returning to its vomit.'" (Agreed upon) (4). This indicates that he took ownership of it; otherwise, he would not have sold it. It also indicates that he took ownership after the expedition, because he kept it in Medina for sale, and he would not have taken it from Umar and then immediately kept it for sale. This shows he kept it for sale after he had performed an expedition on it. Ahmad mentioned something similar to this. He was asked: When does the horse become rightfully his? He said: "When he has performed an expedition on it." It was said to him: "But the enemy came upon us, and he went out on this horse in pursuit for five farsakhs (leagues), then returned." He said: "No, not until an expedition (5) has been performed." It was said to him: "What about the narration of Ibn Umar: 'When you reach Wadi al-Qura, it is yours to deal with'?" He said: "Ibn Umar used to do that with his own wealth, and he was of the opinion that one is only entitled to it when he has performed an expedition on it." This is the opinion of the majority of scholars, including Sa'id ibn al-Musayyib, Salim, al-Qasim, Yahya al-Ansari, Malik, al-Layth, and al-Thawri. A similar view is narrated from al-Awza'i. Ibn al-Mundhir said: "I do not know anyone who says that he may sell it while in his place." Malik did not see any merit in utilizing its price for anything other than the path of Allah, unless he told him: 'It is yours to deal with as you wish.' Our evidence is the hadith of Umar, which does not contain the conditions Malik stipulated. As for when he says: "It is habees," it is not permissible to sell it. The explanation of this issue has already preceded in the chapter on Endowment (Waqf) (8), and the explanation of the ruling on the sacrificial animal will come in its chapter, God willing.

Section: Ahmad said: One should not ride the mounts of the path (the public trust for Jihad) for personal needs. He may ride and utilize them in the path of Allah, but he should not ride them within cities and villages. There is no harm in riding them and feeding them. I dislike leading a mare (9) behind a habees horse. The share of the habees horse belongs to the one who performs an expedition on it, and the habees horse is not sold...