His spoils." Abu Talhah killed twenty men that day and took their spoils. Narrated by Abu Dawud.
Section Two: The spoils belong to every killer who is entitled to a share (sahm) or a reward (radkh), such as the slave, the woman, the minor, and the polytheist. It is narrated from Ibn Umar that if a slave engages in single combat with the permission of his master and kills, he is not entitled to the spoils, but is given a reward from them. Regarding those who are not entitled to a share, al-Shafi'i has two opinions. One of them is that he is not entitled to the spoils, because the share is more emphasized than them, due to the consensus upon it; so if he is not entitled to that, the spoils are even less appropriate. Our position is based on the generality of the report, and the fact that he is a killer from among the people of the spoils (ghanimah), so he is entitled to the spoils just as one with a share is. Furthermore, if a commander were to offer a wage (ju'l) to whoever performs an act that benefits the Muslims, the performer would be entitled to it from among these people; thus, that which the Prophet, peace and blessings of Allah be upon him, has assigned is even more appropriate. It differs from the share because the share is dependent on being in the position of potential entitlement; for this reason, it is earned simply by being present, and the doer and non-doer are equal in it, whereas the spoils are earned by the reality of the act, and this has been found to be achieved by him, so he is entitled to it, just like one to whom a wage is assigned for an act once he performs it. If the killer is one who is not entitled to a share or a reward, such as one who spreads rumors (murjif), one who discourages the fighters (mukhadhil), or one who assists against the Muslims, he is not entitled to the spoils even if he kills; this is the school of al-Shafi'i, because he is not from the people of jihad. If a slave engages in single combat without his master's permission, he is not entitled to the spoils, because he is disobedient. The same applies to every disobedient person, such as one who enters...
= As recorded by Abu Dawud, in: Chapter on the spoils given to the killer, from the Book of Jihad. Sunan Abi Dawud 2/64, 65. Al-Tirmidhi, in: Chapter on what was said regarding whoever kills a man and has his spoils. 'Aridat al-Ahwadhi 7/57. Ibn Majah, in: Chapter on single combat and spoils, from the Book of Jihad. Sunan Ibn Majah 2/946. Al-Darimi, in: Chapter on whoever kills a man and has his spoils, from the Book of Expeditions. Sunan al-Darimi 2/229. Imam Malik, in: Chapter on what was said regarding spoils and voluntary shares, from the Book of Jihad. Al-Muwatta 2/454, 455. Imam Ahmad, in: al-Musnad 5/295, 306. See what preceded on page 39 and what passed in 9/286. (9) Omitted from A. (10) In: Chapter on the spoils given to the killer, from the Book of Jihad. Sunan Abi Dawud 2/65. As recorded by al-Darimi, in: Chapter on whoever kills a man and has his spoils, from the Book of Expeditions. Sunan al-Darimi 2/229. Imam Ahmad, in: al-Musnad 3/114, 123, 190, 279. (11) Omitted from the Original and M. (12) In the copies: "Kadha" (thus).