Umar said, "Were it not for the last of the Muslims, I would not conquer a town without dividing it among its people, just as the Prophet ﷺ divided Khaybar."
قال عمر: لولا آخر المسلمين ما فتحت قرية إلا قسمتها بين أهلها، كما قسم النبي ﷺ خيبر.
Bukhari related it in "The Book of Tillage and Sharecropping" (2334) from Sadaqah, who said, Abdul-Rahman (that is, Ibn Mahdi) informed us, from Malik, from Zayd bin Aslam, with this chain.The scholars have differed regarding the division of conquered land, holding several positions, the most well known of which are three.First, that it becomes a waqf by the mere fact of conquest, this being the position of Malik.Second, that the ruler has the choice between dividing it and making it a waqf, this being the position of Abu Hanifa.Third, that he is obligated to divide it, unless those who gained it as spoils agree to its being made a waqf.For more, refer to Fath al-Bari (18/5).