Hadith 13318

Yahya related to me from Malik from Ibn Shihab that al-Qasim ibnMuhammad said that he had heard a man asking ibn Abbas about booty.Ibn Abbas said, "Horses are part of the booty and personal effects areas well."Then the man repeated his question, and Ibn Abbasrepeated his answer. Then the man said, "What are the spoils which He,the Blessed, the Exalted, mentioned in His Book?" He kept on askinguntil Ibn Abbas was on the verge of being annoyed, then Ibn Abbassaid, "Do you know who this man is like? Ibn Sabigh, who was beaten byUmar ibn al-Khattab because he was notorious for asking foolishquestions."Yahya said that Malik was asked whether someonewho killed one of the enemy could keep the man's effects without thepermission of the Imam. He said, "No one can do that without thepermission of the Imam. Only the Imam can make ijtihad. I have notheard that the Messenger of Allah, may Allah bless him and grant himpeace, ever said, 'Whoever kills someone can have his effects,' on anyother day than the day of Hunayn."3