Malik said about enemy soldiers who were found on the seashore ofa Muslim land, and they claimed that they were merchants and that thesea had driven them ashore, while the Muslims were not able to verifyany of that except that their ships were damaged, or they were thirstyand had disembarked without the permission of the Muslims, "I thinkthat it is up to the imam to give his opinion about them, and I do notthink that the tax of one fifth is taken from them."
USC-MSA web (English) reference: Book 21, Hadith 16