obligatory. This was narrated from Ibn Abi Dhi'b, and it is the opinion of al-Shafi'i in his earlier (qadim) view and Ibn al-Mundhir, because the Messenger of Allah (peace be upon him) said: "I declare Medina a sanctuary, just as Abraham declared Mecca a sanctuary." He prohibited the cutting of its trees and the taking of its birds. Therefore, a penalty became obligatory in this sanctuary, just as it became obligatory in that one, for no difference is apparent between them. Its penalty is the permission to take the spoils of the killer for the one who seizes them, based on what Muslim narrated with his chain of transmission from 'Amir ibn Sa'd, that Sa'd rode to his palace in al-'Aqiq and found a slave cutting or shaking its trees, so he despoiled him. When Sa'd returned, the slave's people came and spoke to him to return to their boy, or to them, but he replied: "I seek refuge in Allah from returning something that the Messenger of Allah (peace be upon him) gave me as spoils (nafal)." He refused to return them to them. It is also narrated from Sa'd that the Messenger of Allah (peace be upon him) said: "Whoever finds someone hunting within it, let him seize his spoils." Recorded by Abu Dawud. Accordingly, it is permitted for anyone who finds someone taking game, killing it, or cutting trees to take his spoils, which is the seizing of his clothes, even his trousers. However, if he is mounted on an animal, he does not own the right to take the animal, because the animal is not considered part of the spoils. The killer of an unbeliever in Jihad only takes it because the animal is used to aid in warfare, which is different from our case.
(25) Recorded by al-Bukhari, in: The Chapter on the Blessing of the Prophet's (peace be upon him) Sa' (measure) and Mudd (measure), from the Book of Sales; and in: The Chapter on the Excellence of Service in Military Expeditions, and the Chapter on whoever goes to battle with a young boy for service, from the Book of Jihad and Expeditions; and in: The Chapter where Musa ibn Isma'il narrated to us, from the Book of the Prophets; and in: The Chapter on someone who loves us..., from the Book of Military Expeditions. Sahih al-Bukhari 3/88, 89, 4/42, 43, 4/177, 5/132. And Muslim, in: The Chapter on the Excellence of Medina, and the Chapter on Encouragement to Dwell in Medina, from the Book of Hajj. Sahih Muslim 2/991, 1001. And al-Tirmidhi, in: The Chapter on what has been reported regarding the Excellence of Medina, from the Chapters on Merits. 'Aridat al-Ahwadhi 13/278. And Ibn Majah, in: The Book of the Excellence of Medina, from the Book of Hajj. Sunan Ibn Majah 2/1039. And Imam Ahmad, in: Al-Musnad 3/149, 243, 393, 4/40, 141. (26) See what preceded on page 185. (27) In: The Chapter on the Excellence of Medina, from the Book of Hajj. Sahih Muslim 2/993. It was also recorded by Imam Ahmad, in: Al-Musnad 1/168. See the verification of the following hadith in Abu Dawud. (28) In [versions] 'Ba' and 'Mim': "seizing" (akhdh). (29) In [version] 'Mim': "with hunting" (bisayd), which is a scribal error. (30) In: The Chapter on the Prohibition of Medina, from the Book of Rituals. Sunan Abi Dawud 1/470. It was also recorded by Imam Ahmad, in: Al-Musnad 1/170.
