The Ruling on Property Abandoned out of Fear of the Enemy

Question

Property that a person went out to face the enemy and, out of fear of the enemy, left behind and came away: it so happens that the enemy is very far off, and there is no one there except the local inhabitants. May the local inhabitants dispose of the said property or not? Both warring parties are unbelievers (kafirs). What is the ruling on the said property — will it be called fay’, or war booty (ghanima), or “surplus property” (mal za’id)?

Answer

The local inhabitants have no right to dispose of this property, and this property cannot be called fay’ or ghanima. If Muslims pick it up, it will come under their liability (daman), and it will be necessary to deliver it to its actual owner.

Source: Fatawa Mahmudiyya

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