JIHAD SECTION · 148 – The property of a slain infidel may not be given, and his horse and weapons are also considered his possessions.
Awf ibn Malik al-Ashja'i (may Allah be pleased with him) narrated:
I accompanied Zayd ibn Harithah in the campaign of Mutah. A man from the people of Yemen, an ally, became my companion. He had nothing but his sword. A Muslim slaughtered a camel. Someone among the allies asked for a piece of its hide. The one who slaughtered it gave it to him. He made it into a shield. We proceeded until we encountered the Roman party. Among them was a man riding a red horse with a saddle overlaid with gold and weapons overlaid with gold. The Roman was killing Muslims mercilessly.
The man from the allies sat behind a stone. The Roman passed by him, and he cut the sinew of the Roman’s horse. The man fell, and he mounted him and killed him. He took his horse and his weapons. When Allah granted victory to the Muslims, Khalid ibn al-Walid sent for the man from the allies and took the items from the Roman.
Awf said: I came to him and said, “O Khalid! The Messenger of Allah (peace be upon him) has ruled that what comes out from a slain person belongs to the killer.” Do you know that? Khalid said, "Yes, I know." But he said, "I see much of it." I said to him, "Either you return these spoils to their owners or I will mention this to the Messenger of Allah (peace be upon him)." Khalid avoided returning the spoils.
Awf said: We gathered before the Messenger of Allah (peace be upon him) and I recounted to him what Khalid had done regarding the man from the allies. The Messenger of Allah (peace be upon him) said, “O Khalid! What prompted you to do that?”
He said, "I saw much of it, O Messenger of Allah!" The Messenger of Allah (peace be upon him) said, “O Khalid! Return what you took from that man to him.”
Awf said: I said to him, “Did you do as I told you?” The Messenger of Allah (peace be upon him) said, "What is it?" I informed the Messenger of Allah (peace be upon him) about the argument that passed between me and Khalid.
He said: The Messenger of Allah (peace be upon him) became angry and said, “O Khalid! Return it to him. Do you leave my commanders to me? Their clear actions are for you, and their obscure ones remain with them?” [486]
A narration similar to the hadith transmitted through Awf ibn Malik al-Ashja'i was reported.
EXPLANATION:
Dereg: Shield.
Yufri: He cut.
Fargaba: He severed [his nerve].
Faharra: He fell.
Haza: He collected [it].
The Messenger of Allah, peace and blessings be upon him, initially commanded Khalid to return the property, but then he did not command him to do so. Furthermore, Khalid had acted according to his ijtihad (independent legal reasoning) in this matter. This was communicated to him by the Prophet, peace and blessings be upon him, that his ijtihad was incorrect; and then, so as not to diminish Khalid’s prestige among the commanders, he was ordered not to return the property. And it was stated that the property should remain so that the joy of the commanders would not be diminished. It is hoped that the Messenger of Allah, peace and blessings be upon him, pleased the Yemeni man from his auxiliary forces.