booty. A similar view is held by Malik, al-Awza'i, and al-Layth. Al-Shafi'i said: If he finds it in their wasteland, it is as if he found it in the Abode of Islam. Our argument is what was narrated by 'Asim ibn Kulayb, from Abu al-Juwayriyah al-Jarmi, who said: I found in the land of the Byzantines a red jar containing dinars during the caliphate of Mu'awiyah, while Ma'n ibn Yazid al-Sulami was over us. I brought it to him, and he distributed it among the Muslims and gave me the same as what he gave to any other man among them. Then he said: "Had I not heard the Messenger of Allah, peace and blessings of Allah be upon him, say: 'There is no booty [given extra to individuals] except after the one-fifth [is deducted],' I would have given you [more]." Then he began to offer me some of his own share, but I refused. It was recorded by Abu Dawud. Also, because it is the property of a polytheist, seized by the strength of the Muslim army, it is therefore booty, just like their manifest properties.
Section: Ahmad was asked about an animal that comes out of the land of the Byzantines, or escapes, and enters a village; and about people who lose their way and enter one of the Muslim villages, and they [the villagers] take them [the animals]. He said: It belongs to the people of the village collectively, and they divide it among themselves. He was asked about people who are in a fortress or a ribat (frontier post), and a group of them go out to their slain [enemies] and obtain animals or weapons. Abu Abd Allah said: It is shared between the people of the ribat and the people present from the village. He was asked about a vessel sent by the King of the Byzantines, with his men on board, which the wind blew to Tartus, and the people of Tartus went out to it, killed the men, and took the wealth. He said: This is fay' (spoils acquired without fighting) for the Muslims, from what Allah has bestowed upon them.
(11) In the manuscripts: "al-Harmi". The correction is from Sunan Abi Dawud. His name is Hittan ibn Khafaf, a well-known Tabi'i. See: 'Awn al-Ma'bud 3/36. (12) In the original, A, and B: "gold". The confirmed reading is from the Sunan. (13) In M: "a man". (14) In: Chapter on booty from gold and silver and from the first of the spoils, from the Book of Jihad. Sunan Abi Dawud 2/74. It was also recorded by Imam Ahmad in: al-Musnad 3/470. (15) In M: "appeared". (16) In M: "they are". (17) In B and M: "their fighting", and the meaning is that they go out to take the spoils of the slain. (18) In the manuscripts: "animals" (dawab). (19) The letter waw is omitted from M. (20) In B and M: "the Muslims". (21) In B and M: "bestowed" (afa'a).