"If the Imám should not bestow in gratuity the Sillib (or personal property) of one who is slain, upon the slayer, it becomes a part of the general plunder, in which the slayer and other have all an equal share. Shafei maintains that the personal effects of the person slain belong to the slayer, provided the latter be one of those who are entitled to share in the plunder, and that he killed the slain in open fight, because the prophet has said, "Whoever slays an INFIDEL is "entitled to his personal property." OBJECTION.—It is possible that the prophet may have mentioned this merely in a gratious sense, and not as the award of the LAW. REPLY.—It is evident, from the situation of the prophet, that he spoke this as an award of the LAW; since he was sent to enforce the awards of the LAW. A person, moreover, who kills another prepared to oppose him in open fight exposes himself in a superior degree, and hence the personal property of the slain goes to him, for the purpose of making a distinction between him and others."