had already come into their hands and they had secured them. It was said to him: What if the people of al-Massisa (15) took spoils, then the enemy recovered them from them, and the people of Tarsus (16) came and fought with them until they recovered them? He said: "I would prefer that they reach a settlement, [it is more pleasing to me that they reach a settlement] (18)." As for the first case, the first group had secured the spoils and possessed them by gathering them, so they belonged to them to the exclusion of those who fought alongside them. As for the second case, the spoils were only obtained by the fighting of those who recovered them the second time, so they ought to share in them because the first securing was nullified by the infidels taking them. [It is possible that the first group possessed them by the first taking, and their ownership was not nullified by the infidels taking them] (19) from them, and that is why Ahmad preferred that they reach a settlement regarding them.

1654 - Issue: He said: "And whoever the commander sends for the benefit of the army, and he does not attend the spoils, shall be given a share."

This is like the messenger, the guide, the scout, the spy, and their likes; they are sent for the benefit of the army, and they share with the army. Abu Bakr ibn Abi Maryam, Rashid ibn Sa'd, and Atiyyah ibn Qays held this view. They said: "Uthman remained behind on the day of Badr, and the Messenger of Allah (peace and blessings of Allah be upon him) allotted him a share of the spoils." It is narrated from Ibn Umar that the Messenger of Allah (peace and blessings of Allah be upon him) stood—meaning on the day of Badr—and said: "Uthman has gone for the need of Allah and the need of His Messenger, and I am giving the pledge on his behalf." So the Messenger of Allah (peace and blessings of Allah be upon him) allotted a share for him, and did not allot one for anyone else who was absent. Related by Abu Dawud (1). From Ibn Umar, he said: "Uthman only missed Badr because he had the daughter of the Messenger of Allah (peace and blessings of Allah be upon him) as his wife, and she was ill, so the Prophet (peace and blessings of Allah be upon him) said to him: 'You shall have the reward of a man among those (2) who witnessed Badr and his share.'" Related by al-Bukhari (3), and because he...