Imam Malik, may Allah have mercy on him, said: And in my opinion, the share will be given only to the one who participates in the battle and is free.

Imam Malik, may Allah have mercy on him, said: If disbelievers are found on the shore of the sea in the land of the Muslims and they say, "We were merchants, the sea cast us here," but the Muslims do not verify this matter, although it is suspected that their ship broke or they disembarked due to thirst without the permission of the Muslims, then the Imam has discretion regarding them, and those who captured them will not receive a fifth (khums).

Imam Malik, may Allah have mercy on him, said: When Muslims enter the land of the disbelievers and find food items there, it is permissible to eat before distribution.

Imam Malik, may Allah have mercy on him, said: Camels, cattle, and goats are also edible things; it is permissible to eat them before distribution.

Imam Malik, may Allah have mercy on him, said: If these things are not eaten and are brought for distribution, then it would cause hardship to the army; in this case, eating them is permissible, but only as much as necessary according to custom, and it is not permissible for anyone to keep any of these things aside and take them to his home.

Imam Malik (may Allah have mercy on him) was asked: If a person finds food in the land of the disbelievers, eats from it, and some remains, is it permissible for him to bring it to his home or to sell it on the way and take its price? Imam Malik (may Allah have mercy on him) replied: If he sells it in the state of jihad, then he should include its price in the spoils of war, and if he returns to his city, then in that case it is permissible to benefit from its food or its price when the thing is small and insignificant.

Imam Malik (may Allah have mercy on him) was informed: A slave of Sayyiduna Abdullah bin Umar (may Allah be pleased with them both) had run away, and there was a horse as well, so both of them were captured by the disbelievers. Then the Muslims found both of them among the spoils of war. So both were returned to Sayyiduna Abdullah bin Umar (may Allah be pleased with them both) before the distribution.

Imam Malik, may Allah have mercy on him, said: If the wealth of Muslims is found with the disbelievers, it will be returned to its owners as long as it has not been distributed; but if it has been distributed, then it will not be returned.

Imam Malik, may Allah have mercy on him, was asked about a Muslim's slave who was taken by the disbelievers, and then the Muslims found him among the spoils of war. He replied that the slave will be returned to his owner without any payment as long as it has not been distributed. But when it has been distributed, then the owner has the option to take him back by paying the price.

Imam Malik, may Allah have mercy on him, said: If the umm walad of a Muslim is captured by the disbelievers, then the Muslims find her among the spoils of war and she is distributed, and then her owner recognizes her after the distribution, then that umm walad will not be made a slave again. Rather, the Imam should ransom her from the spoils of war and hand her over to her owner. If the Imam does not ransom her, then her owner should ransom her by paying compensation; he should not leave her. And the one in whose share that umm walad has come, it is not permissible for him to make her a slave or to have intercourse with her, because the umm walad is like a free woman. For this reason, if an umm walad injures someone, her owner will be ordered to ransom her by paying compensation. So here too, the same ruling applies that her owner should ransom her in whatever way possible; he should not leave her, nor should she be made a slave or have intercourse with her.