the Imam, and his ijtihad leads him to it. Al-Hasan ibn Ali [ibn al-Hasan] narrated from him that he said: 'The Imam may prioritize some people over others.' Abu Bakr said: 'The choice of Abu Abd Allah [Ahmad] is that they should not be prioritized.' This is also the choice of al-Shafi'i. Ubayy said: 'I saw that Allah divided the inheritances based on numbers, yet brothers vary in their contribution to the deceased, in maintaining family ties during life, and in guardianship after death, yet they are not prioritized. The Messenger of Allah, peace and blessings of Allah be upon him, divided four-fifths [of the spoils] based on numbers, even though among them are those whose contribution is the greatest of contributions, with victory coming at their hands, and among them are those whose presence is either non-beneficial, or harmful due to cowardice and retreat. This is because they were equal in the cause of entitlement, which is their standing for Jihad, so they became like the [other] participants in the spoils.' The correct view, if Allah the Almighty wills, is that this is delegated to the ijtihad of the Imam; he does whatever he deems appropriate regarding equality and prioritization, because the Prophet, peace and blessings of Allah be upon him, used to give out the anfal (spoils), prioritizing some people over [others] according to the extent of their contribution. This is in the same meaning. It is well-known from Umar, may Allah be pleased with him, that when the wealth became abundant with him, he assigned to the Muslims their stipends, so he assigned to the Emigrants from the people of Badr five thousand each, and to the Ansar from the people of Badr four thousand each, and he assigned to the people of al-Hudaybiyyah three thousand each, and to the people of the Conquest two thousand each, and he said: 'With whom should I begin?' It was said to him: 'With yourself.' He said: 'No, but I will begin with the relatives of the Messenger of Allah, peace and blessings of Allah be upon him.' So he began with the Banu Hashim, then with the Banu al-Muttalib, due to the saying of the Messenger of Allah, peace and blessings of Allah be upon him: 'Indeed, Banu Hashim and Banu al-Muttalib are one thing.'
(19) In A, B, and M: 'from'. (20) Dropped from B. He is al-Hasan ibn Ali ibn al-Hasan al-Iskafi, Abu Ali, a man of great stature. He had good, sound, and major narrations from Imam Ahmad, in which he expressed rare views among his companions. Tabaqat al-Hanabilah 1/136, 137. (21) In M: 'among them' [with a different spelling]. (22) In M: 'gives'. (23) In M, there is an addition: 'for Allah'. (24) Dropped from M. (25) See what Abu Ubayd mentioned in Al-Amwal 307, 316. (26) Dropped from M.
