while it remains in existence, so its value is paid to him, just as if the object of compensation had embraced Islam before the conquest, or embraced Islam after it while the person entitled to the compensation was a disbeliever. As for their statement that the right of the person entitled to the compensation is prior, we say: Except that the corruption in annulling the peace treaty is greater, because its harm returns to the entire army and perhaps returns to others among the Muslims, in that this fortress might become impossible to conquer after that, and its harm would remain upon the Muslims. It is not permissible to bear this harm in order to avert a minor harm from one person, for the harm to the person entitled to the compensation is merely in the loss of the specific object of compensation, and the difference between the specific object and its value is minor, especially since it concerns one individual. Observing the right of all Muslims by averting great harm from them is more appropriate than averting minor harm from one of them or from others. This is why we said regarding one who finds his property before it is divided: He has more right to it; if he finds it after it is divided, he may not take it except for its price, lest it lead to harm by reducing the value, or depriving the one into whose share it fell.

Section: Ahmad said: The "nafal" (extra award) is from the four-fifths of the spoils. This is the opinion of Anas ibn Malik and the jurists of al-Sham, among them Raja' ibn Haywah, 'Ubadah ibn Nusayy, 'Adi ibn 'Adi, Makhul, al-Qasim ibn 'Abd al-Rahman, Yazid ibn Abi Malik, Yahya ibn Jabir, and al-Awza'i. Ishaq and Abu 'Ubayd also held this view. Abu 'Ubayd said: "The people today are upon this." Ahmad said: "Sa'id ibn al-Musayyib and Malik ibn Anas used to say: There is no nafal except from the fifth." How could this have been hidden from the two of them despite their knowledge! Al-Nakha'i and a group said: If the Imam wishes, he awards the nafal before the fifth, and if he wishes, after it. Abu Thawr said: The nafal is only before the fifth. Those who held this view argued with the hadith of Ibn 'Umar which we have presented. Our evidence is what Ma'n ibn Yazid al-Sulami narrated,