When the Imām conquers a town by force, he may choose either to divide it among those entitled to spoils or to leave it with its people under jizyah and khārāj.
Chapter: Spoils of war and their division
When the Imām conquers a town by force, he may choose either to divide it among those entitled to spoils or to leave it with its people under jizyah and khārāj.
He may also kill prisoners if they do not submit to Islam, enslave them even if they become Muslim, or make them dhimmīs.
They are not ransomed with wealth nor exchanged for our prisoners.
If moving their livestock is impracticable, they are slaughtered and burnt—and nothing besides that; weapons are burnt, and what cannot burn is buried.
Spoils are not divided in enemy territory except as deposited safekeeping.
The intelligence operative (ridʿ) shares in spoils like a fighter, unlike the sutler (sūqī); reinforcements before spoils reach Dār al-Islām [have shares] like the original force; whoever dies before removal [of spoils from enemy land] forfeits his share—after removal he does not.
The army may use spoils before removal—as food, fodder, oil, fuel, fighting with weapons and the like—without division, sale, or hoarding; unlike garments and mounts; after removal they return what remains with them thereof.
One-fifth of spoils is divided into thirds among orphans, the needy, and wayfarers—the poor among [the Prophet’s] kin are preferred—mention of Allah in the fifth is for blessing through His name; the Prophet’s share ceased at his death like the ṣafiyy.
Four-fifths go to those who took spoils: two shares for the horseman and one for the foot soldier.
Nisaean steed and Arabian [horse] are equal; there is no [extra] share for a camel or mule.
One counts as horseman or foot soldier at crossing the border, not at the time of fighting.
The Imām assigns to the slave, child, woman, and dhimmī what he sees fit.
What one or two raiders take alone is not subject to the fifth; rather [only] what a group strong enough [to resist] takes.
Extra spoils by stripping [the slain] and the like are lawful to stir [men] to fight.
Turks and Byzantines each party owns what it seizes from the other’s persons and wealth; disbelievers collectively own our wealth by seizure, not our persons except pure slaves.
The prior owner has greatest right to his wealth before division gratuitously; after it by value or by purchase price if sold.
A Muslim who enters enemy territory as a trader—betrayal and treachery toward them are unlawful for him; if he betrays regarding something and brings it out, he gives it as charity.
If an enemy subject enters under our safe-conduct it is said to him: if you stay a year you become a dhimmī; if he stays a year he becomes a dhimmī and is not permitted to go back.
Jizyah is forty-eight dirhams yearly on the rich, twenty-four on one of middling means, and twelve on the labouring poor.
Jizyah is imposed on the Scripturist, the Magian, and the idolater among non-Arabs.
It is not imposed on the idolater among Arabs, nor on the apostate.
There is no jizyah on one who may not be fought; it is taken from priests, monks, and monastery dwellers who earn.
Whoever becomes Muslim or dies owing jizyah—it lapses.
If two jizyah dues coincide, they overlap.
The dhimmī is charged to bring it himself: he pays standing while the collector sits; in one narration: [the collector] takes him by his collar and shakes him and says to him: pay the jizyah, O dhimmī; in another: O enemy of Allah.
It becomes due at the start of the year and respite is given until its end as a concession.