for him. On the authority of Abu Qatada, the Messenger of Allah, peace and blessings of Allah be upon him, granted him the 'salab' of a man he killed on the day of Hunayn, and it was not subject to the fifth. Sa'id recorded this in his "Sunan" (10). Among these also, if the Imam says: "Whoever brings ten heads, he shall have one head," or "Whoever reaches the fortress shall have such and such from the booty." The apparent view is that this is not subject to the fifth, because it is in the meaning of 'salab'. Among these also, if the Imam says: "Whoever takes something, it is his." And we have said: that is permissible. It has been said: There is no fifth in it, because it is in the meaning of the one before it. The correct view is that the fifth does not lapse, because it enters under the generality of the verse, and it does not enter under the meaning of 'salab' and 'nafal' (extra award), because abandoning the fifth in those two does not cause the fifth of the booty to lapse entirely, whereas this would cause it to lapse, so it would not be a specification, but rather an abrogation of its ruling, and its abrogation by analogy is not permissible by consensus. Among these also, if a group of people who lack the capacity (for defense) enter the Abode of War without the Imam's permission; it has been said that what they obtain (11) is theirs without being subject to the fifth. The correct view is that it is subject to the fifth, and four-fifths of it are paid to them, because it enters under the generality of the verse, and there is no evidence requiring its specification.

Third Section: That the fifth which must be taken as a fifth from 'fay'' (spoils taken without fighting) and 'ghanima' (war booty) is one single thing in their expenditure and their ruling, and there is no disagreement among those who say [that the fifth is mandatory] (12) in them. For the one who states the obligation of the fifth in 'fay''—other than those who said it from our companions—is al-Shafi'i, and he has agreed on this, for he said (13): Fay' and ghanima are identical in that both contain the fifth for whom Allah the Almighty named: meaning in Surah al-Anfal, in His saying, Glory be to Him and Exalted: {And know that anything you take as war booty, then for Allah is its fifth}, the verse; and in Surah al-Hashr, in His saying, the Almighty: {Whatever Allah restored to His Messenger from the people of the towns}, the verse, and those named in the two verses are one and the same.