and Adhruh. These are the villages that paid the jizya to the Messenger of Allah (peace and blessings of Allah be upon him), and the cities of al-Sham, excluding its land—except for Caesarea—as well as the entire lands of the Jazira, and all or most of the lands of Khurasan, are by treaty. Every place that was conquered by force is a waqf (endowment) for the Muslims.

Section: As for what the Muslims initiate the conquest of, if it is conquered by force, there are three opinions regarding it. The first is that the Imam has the choice between dividing it among the conquerors or designating it as a waqf for all the Muslims, because there is evidence for both actions from the Prophet (peace and blessings of Allah be upon him), as the Prophet (peace and blessings of Allah be upon him) divided half of Khaybar and designated half of it for his contingencies. 'Umar also designated al-Sham, Iraq, Egypt, and the rest of what he conquered as waqf, and the scholars among the Companions approved of him in this and advised him to do so. The same was done by the caliphs who came after him, and it is not known that any of them divided any of the land they had conquered. The second [opinion] is that it becomes a waqf by the mere act of seizing it, due to the consensus of the Companions upon that. The Prophet's (peace and blessings of Allah be upon him) division of Khaybar was at the beginning of Islam and during a time of extreme need, so the interest lay in that; whereas the interest later became clearly in designating the land as a waqf, so that became the obligatory course. The third [opinion] is that it is obligatory to divide it. This is the view of Malik and Abu Thawr, because the Prophet (peace and blessings of Allah be upon him) did that, and his action is more worthy of following than the action of anyone else, along with the generality of the Almighty's statement: "And know that anything you take as war booty, then for Allah is one-fifth of it" (Quran 8:41), which is understood to mean that four-fifths of it belong to the conquerors. The first opinion is more correct, because the Prophet (peace and blessings of Allah be upon him) did both things in Khaybar, and because 'Umar said: "Were it not for the last of the people, I would have divided the land as the Prophet (peace and blessings of Allah be upon him) divided Khaybar." He thus designated the land as a waqf with...