Stripping the slain and whether the permission of the Imam is required
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Question:
He says: Honorable Shaykh, may Allah grant you success, the saying of the Messenger (peace and blessings be upon him)Muwatta Malik 21:21, is this absolute, or is the permission of the Imam required?
Answer:
This is absolute. It contains the command of the Messenger (peace and blessings be upon him), so it is absolute. The stripping is the clothes, the clothes, and the weapon. This belongs to the killer and does not enter into the war spoils. What enters into the war spoils is the wealth with the enemy. Yes. As for his clothing and weapon, this belongs to the killer; the Messenger (peace and blessings be upon him) gave it to him. Yes.
He says: Honorable Shaykh, may Allah grant you success, the saying of the Messenger (peace and blessings be upon him)
Whoever kills someone can have his effects
من قتل قتيلا فله سلبهAnswer:
This is absolute. It contains the command of the Messenger (peace and blessings be upon him), so it is absolute. The stripping is the clothes, the clothes, and the weapon. This belongs to the killer and does not enter into the war spoils. What enters into the war spoils is the wealth with the enemy. Yes. As for his clothing and weapon, this belongs to the killer; the Messenger (peace and blessings be upon him) gave it to him. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 047 من 123 / شرح كتاب زاد المستقنع / الجهاد / صالح الفوزان / الفقه / كبار العلماء — youtube.com (53:03)
The Arabic text is a machine transcription of the audio recording.