Section: It is not permissible to derive benefit from the booty by riding an animal belonging to it, nor by wearing a garment from among its garments, because of what Ruwayfi' ibn Thabit narrated, saying: I do not tell you anything except what I heard from the Messenger of Allah (peace and blessings of Allah be upon him) saying on the day of Khaybar: "Whoever believes in Allah and the Last Day, let him not ride a beast from the spoils of the Muslims until, when he has exhausted it, he returns it to them; and whoever believes in Allah and the Last Day, let him not wear a garment from the spoils of the Muslims until, when he has worn it out, he returns it to them." Narrated by Abu Dawud and al-Athram. On the authority of a man from Balqayn, who said: I came to the Messenger of Allah (peace and blessings of Allah be upon him) while he was in Wadi al-Qura, and I said: What do you say regarding the booty? He said: "For Allah is its fifth, and four-fifths are for the army." I said: Is any one of them more entitled to it than another? He said: "No, not even the arrow you extract from your side; you are more entitled to it than your Muslim brother." Narrated by al-Athram. This is because the booty is shared among the warriors and those entitled to the fifth, so it is not permissible for one individual to specialize in its benefit, just like other jointly owned property. However, if need calls for fighting with their weapons, there is no harm in that. Ahmad said: If it is more harmful to the enemy, or he fears for his own safety, then yes. He mentioned the hadith of Abu Jahl's sword, which is what 'Abd Allah ibn Mas'ud narrated, saying: I reached Abu Jahl on the day of Badr while his leg had been struck, and I said: Praise be to Allah who has disgraced you, O Abu Jahl! I struck him with a sword I had, which was of no consequence, so his sword fell from his hand, and I took his sword and struck him with it until he cooled [died]. Narrated by al-Athram. Regarding riding a horse for jihad, there are two reports: one, that it is permissible, just as it is permissible regarding weapons. The second is that it is not permissible, because it is frequently exposed to destruction and its value is significant, unlike weapons.

1684- Issue: He said: (And whoever encounters an 'ilj [non-Arab disbeliever], and says to him: "Stop," or: "Throw down your weapon," he has granted him safe conduct [aman]).

Discussion has already preceded regarding whom the granting of safe conduct is valid, and we shall mention here the nature of the safe conduct, for that which the Law [Shar'] has provided