Malik said, "I do not see that there is any harm in the Muslims eating whatever food they come across in enemy territory before the spoils are divided." Malik said, "I think that any camels, cattle and sheep (taken as booty) are considered as food which the Muslims can eat in enemy territory. If they could not be eaten until the people had gathered for the division and the spoils had been distributed among them, that would be harmful for the army. I do not see any objection to eating such things within acceptable limits. I do not think, however, that anyone should store up any of it to take back to his family." Malik was asked whether it was proper for a man who obtained food in enemy territory and ate some of it and made provision so that there was some of it left over to keep and eat with his family, or to sell before he had come to his country and make use of its price. He said, "If he sells it while he is on a military expedition, I think that he should put its price into the booty of the Muslims. If he takes it back to his country, I see no objection to his eating it and using it if it is a small insignificant thing."

Malik was asked whether, when an imam had accepted jizya from a people and they gave it, he thought that the land of one of them who surrendered belonged to him or whether his land and property belonged to the Muslims. Malik said, "That varies. As for the people of peace, if one of them surrenders, then he is entitled to his land and property. As for the people of force who use force, if one of them surrenders, his land and property belong to the Muslims because the people of force are overcome in their towns, and it becomes booty for the Muslims. As for the people of peace, their property and selves are protected so that they make peace for them. Only what they have made peace for is obliged of them."