And because the spoils (al-salab) are taken from the booty without the Imam's estimation or his exercise of ijtihad, so they do not require his condition, like the share (sahm). If this is established, Ahmad said: "It does not please me that one should take the spoils except with the permission of the Imam." This is also the view of al-Awza'i. Ibn al-Mundhir and al-Shafi'i said: "He may take it without permission because he has become entitled to it by the Prophet's (peace and blessings of Allah be upon him) grant of it to him, and he cannot be certain, if he reveals it to him, that he will be given it." The reasoning for Ahmad's view is that it is an act involving ijtihad, so his command regarding it does not take effect except with the Imam's permission, just like taking one's share. It is possible that this statement from Ahmad is by way of recommendation, so as to avoid disagreement, not by way of obligation. According to this, if he takes it without permission, he has abandoned the virtuous path, but he retains what he has taken.

1640 - Issue; He said: (The mount and the equipment upon it are part of the spoils when it is killed while he is upon it, and likewise what is upon it of weapons and clothing, even if they are abundant. If he possesses wealth, it is not part of the spoils. It has been narrated from Abu 'Abd Allah, may Allah have mercy on him, another narration, that the mount is not part of the spoils).

The collective meaning of this is that the spoils are what the slain person was wearing, such as clothes, a turban, a cap, a belt, armor, a neck guard, a helmet, a crown, bracelets, ra'an (a type of footwear), socks, including any ornamentation therein, and the like; because what is understood by "spoils" is clothing. Likewise, weaponry such as a sword, a spear, a knife, the lat (all that is used for mixing/combat), and the like, because he utilizes it in his fighting, so it is more deserving to be taken than clothing. Likewise, the mount, because he utilizes it; therefore, it is like a weapon, or even more significant, which is why he is entitled to extra shares for it, unlike a weapon. As for the wealth that is with him in his purses and bag, it is not spoils, because it is not worn, nor is it something used in war. Likewise, his baggage, his furnishings, and his property that is not in his direct possession is not part of his spoils. This was stated by al-Awza'i, Makhul, and al-Shafi'i, except that al-Shafi'i said: What he does not need for war, such as a crown,