Muwatta
Malik

موطأ مالك

21

Jihad

كتاب الجهاد

 

Chapter 7: Things on Which the Tax of One Fifth (Khumus) is Not Obligatory

Muwatta Malik 1020

Malik said about enemy soldiers who were found on the seashore of a Muslim land, and they claimed that they were merchants and that the sea had driven them ashore, while the Muslims were not able to verify any of that except that their ships were damaged, or they were thirsty and had disembarked without the permission of the Muslims, "I think that it is up to the imam to give his opinion about them, and I do not think that the tax of one fifth is taken from them."