without the commander's permission. Regarding one who enters without the commander's permission, there is a narration from Ahmad that the khums (one-fifth) is taken from him, and the rest belongs to him; he treated it like spoils. A similar rule is derived for the slave who engages in single combat without his master's permission. It is also possible that the spoils of the slave's kill belong to him in any case, because whatever belongs to the slave belongs to his master, so depriving him of the spoils is a deprivation of his master, and there is no disobedience on his part.

Section Three: The spoils belong to the killer in every situation, unless the enemy is put to flight. This is the position of al-Shafi'i, Abu Thawr, Dawud, and Ibn al-Mundhir. Masruq said: When the two armies meet, there is no entitlement to spoils; the voluntary share (nafal) is only for before or after that. A similar view is held by Nafi'. Likewise, al-Awza'i, Sa'id ibn Abd al-Aziz, and Abu Bakr ibn Abi Maryam said: The spoils belong to the killer as long as the rows of fighters have not intermingled; once they have, no one is entitled to spoils. Our position is based on the generality of his (the Prophet's) statement: "Whoever kills a person, he has his spoils." Also, Abu Qatadah killed the one whose spoils he took during the meeting of the two armies. Do you not see him saying: "Then when we met, I saw a man from the polytheists who had overcome a man from the Muslims"? Likewise, the statement of Anas: "Abu Talhah killed twenty men that day and took their spoils." This was after the meeting of the two armies, because the Hawazin met the Muslims suddenly, and they engaged in intense fighting before any single combat preceded it. Sa'id narrated: Isma'il ibn 'Ayyash informed us, from Safwan ibn 'Amr, from Abd al-Rahman ibn Jubayr ibn Nufayr, from his father, from 'Awf ibn Malik, who said: We went on an expedition to the borders of the Levant, and Khalid ibn al-Walid was appointed over us. A man from the reinforcements of Himyar joined us. It was decreed that we met our enemy, and they fought us fiercely. Among the people was a man from the Romans on a reddish horse, with a gilded saddle, a stained belt, and a sword of the same kind. He began charging at the people and inciting them. The reinforcement soldier continued to scheme against that Roman until he passed by him, then he followed him from behind and struck the tendon of his horse's leg with his sword. Then he fell, and he followed him with blows of the sword until he killed him. When Allah granted the victory, he came with the spoils of the killed man, and the people testified for him that he was the one who killed him. Khalid gave him some of his spoils and withheld the rest. When he arrived in Medina, he sought justice from the Messenger of Allah (peace and blessings of Allah be upon him). He summoned Khalid, and the Messenger of Allah (peace and blessings of Allah be upon him) said: "What prevented you, O Khalid, from giving him the spoils of his kill?" He said: "I considered it too much for him." He said: "Give it to him." He mentioned the hadith, which was narrated by Abu Dawud.

Section Four: One is only entitled to the spoils under four conditions. The first is that the person killed must be among the combatants whom it is permissible to kill. As for one who kills a woman, a minor, a decrepit old man, a weak and lowly person, or the like among those who do not fight, he is not entitled to their spoils. We know of no disagreement regarding this. If one of these people is fighting, his killer is entitled to his spoils because it is permissible to kill him. Whoever kills a prisoner belonging to him or to someone else is not entitled to his spoils for this reason. The second condition is that the person killed must be a force to be reckoned with and not incapacitated by wounds. If he is incapacitated by wounds, his killer has no right to any of his spoils. This is the position of Makhul, Hariz ibn Uthman, and al-Shafi'i, because Mu'adh ibn 'Amr ibn al-Jamuh immobilized Abu Jahl, and Ibn Mas'ud finished him off, so the Prophet (peace and blessings of Allah be upon him) ruled that the spoils belonged to Mu'adh ibn 'Amr ibn al-Jamuh and did not give Ibn Mas'ud anything. If one person cuts off a man's hands and legs, and another person kills him, the spoils go to the one who cut him, not to...