spoils, and it has not been divided, so it is not permitted in the land of Islam, just as is the case with a large amount, or as if he had taken it within the land of Islam. The second [view] is that it is permissible, which is the position of Makhul, Khalid ibn Ma'dan, Ata' al-Khurasani, Malik, and al-Awza'i. Ahmad said: The people of al-Sham are lenient regarding this. Qasim ibn Abd al-Rahman narrated from some of the companions of the Prophet (peace be upon him), who said: We used to eat meat during military expeditions without dividing it, to the point that we would return to our camps with our saddlebags filled with it. Recorded by Sa'id and Abu Dawud. Also, from Abd Allah ibn Yasar al-Sulami, who said: I visited a man among the companions of the Prophet (peace be upon him), and he presented me with some Roman dates. I said: You have preceded the people with this. He replied: This is not from this year; this is from the previous year. Recorded by al-Athram in his Sunan. Al-Awza'i said: I encountered the people when they would arrive with dried meat (qadid), and some would gift it to others; neither an Imam, nor a governor, nor the community would object to it. This is a transmission of consensus. Furthermore, it is permitted to withhold it from division, so it is permitted in the land of Islam, like the permitted items of the land of war which have no value therein. It differs from a large amount, as it is not permissible to withhold the latter from division, and because small amounts are subject to leniency and their benefit is minimal, unlike a large amount.

1665 - Issue; He said: (If a Muslim purchases a captive from the hands of the enemy, it is incumbent upon the captive to pay the purchaser what he purchased him for.)

This situation is not without two cases: One, that he purchases him with his permission, in which case it is incumbent upon him to pay the purchaser what he paid for him, without any disagreement that we know of, if he settled the payment with his permission; because if he permitted it, he acted as his deputy in purchasing himself, so the price falls upon the one who authorized it, like a proxy. The second is that he purchases him without his permission, in which case it is incumbent upon