Can property that has been plundered and then recovered after being suffocated (by the enemy) be reclaimed by its original owner?
Ibn ‘Umar (may Allah be pleased with him) narrated: A slave of Ibn ‘Umar fled to the enemy, and the Muslims overcame them. The Messenger of Allah (peace and blessings upon him) returned the slave to Ibn ‘Umar. He was not subjected to division (of spoils).
Abu Dawud said: Another narrator states that Khalid ibn al-Walid returned the slave to Ibn ‘Umar.
COMMENTARY: According to Abu Hanifa: If a runaway slave is captured, he belongs to his owner. And if property is found before it is divided, it belongs to its owner. But if it is found after division, it belongs to whoever’s share it falls into.
Shafi'i: Whether or not it is divided, both property and slaves belong to their owners.
Awza’i: If the owner finds the property before the division, he takes it. If he finds it after the division, it belongs to whoever’s share it falls into.
Ibn ‘Umar (may Allah be pleased with him) narrated: His horse escaped and fell into the hands of the enemy. Muslims overpowered them. The horse was returned to him in the era of Prophethood. Also, a slave of his escaped and joined the Romans. Muslims overcame the Romans. After the Prophet (peace and blessings of Allah be upon him), Khalid ibn al-Walid returned the slave to Ibn ‘Umar.