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AlGhazalisIhya-Book_of_Lawful_and_the_Unlawful, page : 6
The Second Part
The Unlawful for the Way it was Gained
This comprises six parts:
The first part: What is taken from places that are not owned, such as from a
mine, by hunting, gathering firewood, drinking from rivers, and cutting wild
grasses. All these are lawful on the condition that what you have taken has not
been collected by someone before you.
The second part: What is forcibly taken, such as war spoils and all the wealth
belonging to the pagans and their fighters, this is all lawful to the Muslims if they
pay from it one fifth and divide the remainder between those who deserve it.
The third part: What has been taken forcibly due to an unpaid debt. This is
lawful if there is a cause, which was ruled upon by a judge or sultan.
The fourth part: What has been taken by being readily given to you in
The Unlawful for the Way it was Gained
This comprises six parts:
The first part: What is taken from places that are not owned, such as from a
mine, by hunting, gathering firewood, drinking from rivers, and cutting wild
grasses. All these are lawful on the condition that what you have taken has not
been collected by someone before you.
The second part: What is forcibly taken, such as war spoils and all the wealth
belonging to the pagans and their fighters, this is all lawful to the Muslims if they
pay from it one fifth and divide the remainder between those who deserve it.
The third part: What has been taken forcibly due to an unpaid debt. This is
lawful if there is a cause, which was ruled upon by a judge or sultan.
The fourth part: What has been taken by being readily given to you in