Bu makalede Hz. Peygamber'in ganimete dair uygulamalarında yağma ile ilişkili olduğu düşünülen üç kavram ele alınmıştır. Nühbe, gulûl ve seleb olarak ifadesini bulan bu kavramlardan nühbe ve gulûl, savaşlar bağlamında ele geçen veya geçmesi muhtemel olan mallar olarak gayrimeşru kabul edilmiştir. Seleb ise bu iki kavramla ilişkili olması münasebetiyle konuya dâhil edilmiştir. Çağımızda da hoş görülmeyen yağmanın Siyer açısından incelenmesi, üzerinde çok konuşulan ganimetin hangi durumlarda gayri meşru olduğunun anlaşılmasını mümkün kılacaktır. Araştırma sonucunda Nühbe ve gulûl kavramlarının sözlük anlamı ile kullanımlarına dair örneklere rastlanılmakla birlikte, ganimetin meşru olmayan veçhelerini ifade eden kavramlar olduğu anlaşılmıştır. Böylece ganimetin yağmacılıkla aynı anlama gelmediği hatta Hz. Peygamber'in hayatında, keyfi olarak başkalarının mallarına el koymak olarak değerlendirilebilecek yağmanın, dünyevi ve uhrevi olarak reddedildiği söylenebilir. Kavramlara dair kullanımların Siyer kitaplarına geniş ölçüde yansımamış olduğunu ifade etmek gerekir. Hadis kitaplarında çok sayıda rivayetle ifadesini bulan yağmaya dair kavramların varlığı, Hz. Peygamber'in hayatında ganimetin meşru ve meşru olmayan şeklinde bir tasnifinin olduğunu ortaya koymaktadır. Rivayetlerden anlaşıldığı kadarıyla Hz. Peygamber, bireysel menfaatlerin öncelendiği kurnazlık olarak yorumlanabilecek davranışları hoş görmemiştir. Bu nedenle taksiminden önce ganimet üzerinde herhangi bir tasarrufta bulunmayı yasaklamıştır. Ayrıca bireysel olarak ganimet mallarından gizlice istifade etmeyi de nehyetmiştir. Sadece mübareze yoluyla veya savaş esnasında öldürülen düşman askerinin şahsi eşyalarının onu öldürene tahsisini komutanın iznini de gözeterek uygun görmüştür

In this article, three concepts of ganima as a type of legitimate ganima in the life of the Prophet are addressed. Nuhba, gulûl, and seleb were identified as illegitimate as nuhba and gulûl, goods which were obtained in the context of wars or are likely to be obtained. The seleb was included in the context of its relevance to these two concepts. The understanding of looting as an unpleasant concept in our age can be grasped on a more accurate ground with the emergence of the illegitimate dimensions of ganima spoken. As a result of the research, it is understood that there are concepts which express the illegitimate aspects of booty, together with examples of their use in dictionary meaning and use of nuhbe and gulûl concepts. So the spoils do not mean the same as looting or even in the life of the Prophet, we can say that the looting, which can be regarded as arbitrarily confiscating the goods of others, has been rejected as worldly and ethereally. The existence of the concepts of looting, which finds expression in many hadiths in the hadith books, Reveals that in the life of the Prophet, the ganima is a legitimate and unjustified classification. As far as the accounts are concerned, Hz. The Prophet has not tolerated any behavior that can be interpreted as cunning, where individual interests prevail. For this reason he banned any saving on the ganima before its division. Also, it is also an individual's sneaking out of the loot. He only considers personal property of the enemy soldiers by the single combat or by the killing of enemy soldiers during the war War is a fact that humanityhas unavoidably faced throughout the history. Like the war, booty that the victorious gets in exchange of war indemnity can be considered as a reality. In the Prophet’s life, war booty was accepted as long as certain criteria were met. The question of legitimacy that the Prophet required and practiced has begun to be addressed in the modern world only in the last century (Inal, 2011: 30). Ganima, or war booty, seems to constitute a significant place in the battles that took place during the era of prophethood. Although there are a solid number of studies examining the status of war booty in the Prophet’s life, the question of legitimacy has not been addressed yet. Such studies have largely focused on the concept of booty itself. Yet, it can be said that there were illegal booties as well in the Sirah (Prophetic biography) sources, and they are expressed with different names. Being an unpleasant concept indeed, war booty was seen as an essential part of wars in world politics until the 19th century. Booty, being an important aspect of Arab culture (Ibn Haldûn, 1988: I, 87; Macit, 2005: Volume: 4, p. 98), has often been justified on the grounds of harming the enemy and meeting the army’s needs (Inal, 2011: 34; comp. Vurgun, 2014: XIV/1 (Summer 2014), p.179-196). The present study investigates three concepts that we consider to be helpful in understanding the legitimate and illegitimate practices of booty: nuhba, gulûl and salab. There is encyclopedic information about these concepts except nuhba (Yaman, 2009: XXXVI, 398-399; Koca, 1996: XIV, 190-2). Many dictionaries define these concepts as having closely related meanings. However, a closer look at the narrations about the different applications and the subject reveals that there are differences between them. Our aim is to contribute to the deeper understanding of the concept of looting by investigating the different meanings of these three terms. We have depended largely on the Sirah sources in the present study. However, it should be mentioned that these concepts do not come up very often in Sirah sources. Nuhba Derived from the Arabic (n-h-b) root, the word has been used synonymously with war booty in the oldest dictionaries. Eight infinitive forms of the word have been addressed ( ,واإلنهاب, االنتهاب النهب, ونهوب, نهاب النهيبى, والنهبى, والنهبة ,(and all of them have been evaluated as having the same meaning. It is, however, possible to deduce that the word also means “to scramble” in the Sirah sources. It can be argued that the word nuhba and its derivatives primarily mean to have control over war booties without any restriction. Some bean that was captured in Khaibar was called as nuhbaby the Prophet, and heregarded to eat from itharam, even in a very small quantity. Another meaning of the word is can be stated as the attacks and unlawful ownership claims between two groups that have a nonaggression agreement. That the Prophet did not accept the booties that Abu-Basir obtained from the Meccans can be considered in this context. Describing Abu-Basir’s act, the Meccan polytheists claimed that their goods were plundered. The Prophet clearly forbade any type of behavior that could be considered as nuhba. Gulul Being another concept which is synonymously used with war booty, gulul is defined as any illegal form of claiming right over war booties and to betray the things obtained as booty (Koca, 1996: XIV, 190-192). It can also be considered as a form of stealing from war booties. The common feature of the narrations about this term is that gulul is considered as an unauthorized use of war booty or to claim illegitimate ownership over it.Stemming from the Arabic s-l-b root, the word salab has been used to refer to any kind of dress that one wears. Its verb form means to take away one’s salab. (Halil B. Ahmed, 1988: VII, 261). Some dictionaries have defined the word as “to steal” meaning to steal and to loot (Mutçali, 1995: 398). It is, however, difficult to come up with any example in Sirah sources to confirm this last meaning of the word. As one form of war booty, the term refers to the fact that the enemy soldier’s personal properties belong to the one who kills him in the time of war, which seems to be a plausible definition. According to one narration in Ibn-Ishaq, Muslims fought the polytheists in the early military operations, and got their aslab after killing them. Correspondingly, one Arab proverb says that “the one who wins confiscates too” (Halil b Ahmed 1988: VII, 353: word the that concluded be can it, Thus). من قهر سلب / من عز بز من غلب سلب) was commonly used in the pre-Islamic period as well. Yet, we can argue that the practice of salab became legitimate with the Surah Anbiyah during the battle of Badr. Sa’d bin Abi Vaqqas brought the sword of the person whom he had killed and gave it to Prophet Muhammad (pbuh). After the nuzul of the surah, the Prophet told him to get the sword (Ahmad b Hanbal, 3/129, 1556). Similar versions of this hadith have also been mentioned in connection with the battle of Uhud (Waqidi, 1984: I, 227, 253, 286). It is possible to understand that the practice ofsalab, which can be seen as one form of war spoil is indeed a ground for legitimacy. Arbitrary practices have never been accepted and such practices have always been criticized. The example of Hudaybiyyah, in this regard, is significant. Prophet Muhammad did not practice salab and killing in Hudaybiyyah (Ibn Abi Shayba, 1409: 36851). According to the treaty ofHudaybiyyah, Abu Basir’s bringing the salab of the person that he killed to the Prophet and his request to get one fifth (humus) of the belongings was rejected by the Prophet. This demonstrates the fact that there was indeed a legitimacy ground for salab, and the Prophet did not allow any practice of looting. CONCLUSION War and booty (ganima) are two closely related concepts in the history of mankind. With regards to the battles in which the Prophet took part, the issue of war booty has been discussed. It must be stated that this concept was evaluated in terms of its legitimate and illegitimate aspects. Accordingly, ganima has never been the main motivation to fight. Any illegitimate way of obtaining war booty is simply another form of looting. The Prophet allowed ganima only when it was obtained in legitimate ways.Any subjective attitude toward the distribution of war booty has been banned. With regards to the illegitimateaspects of booty, we have focused on two concepts which are nuhba and gulul. Nuhba can be translated as looting. In addition to itsdictionary definitions, we have examined the fact that the term also suggests pestering attempts of two parties toward one another despite a non-agression agreement between them. The most common meaning of the term as referred in the sources is to claim a right on war booty openly before its distribution, which is what makes this term different from the concept of gulul. The latter is any claim of right on war booty in silence before its distribution and tahmis. Both practiceshavenot been considered legitimate. In the Prophet’s practice, salab, which refers to the personal belongings of any enemy who is killed during war, was given to the person who took that person’s life. Yet, the fact that such belongings were obtained under legitimate war conditions was considered significant as well. Similarly, it wasn’t seen proper to distribute the salab of those with whom an a non-aggression agreement was signed to the Muslims as well. In conclusion, the question of legitimacy was central to the issue of war booty during the era of prophethood. The Prophet allowed ganima only whenit was obtained in legitimate ways and it was justly distributed within the full knowledge of Muslims. He banned any individual and arbitrary claims over war booty. Obtaining booty from those with whom a non-aggression agreement was signed was also prohibited by the Prophet.