The people of Kufa reinforced them, so this was written to Umar, may Allah be pleased with him, and Umar wrote: "The spoils of war are for those who witnessed the battle" (9). Extracted by Sa'id in his "Sunan" (10). A similar statement is narrated from Uthman regarding the expedition to Armenia (11). Furthermore, this is because he is a reinforcement that arrived after the war had ended, similar to if he had come after the distribution, or after they were secured in the Abode of Islam. Additionally, the cause of ownership is the taking of possession (istila'), which occurred before the reinforcement arrived. Their argument that ownership is perfected by securing them in the Abode of Islam is rejected; rather, it is perfected by taking possession, and the army had taken possession of them before the reinforcements. The hadith of al-Sha'bi is mursal (disconnected), narrated by al-Mujalid, who has been criticized, and then they do not act upon it, nor do we, so consensus among us has been established against it; how then can it be used as evidence?

Section: The ruling for a prisoner who escapes to the Muslims is the same as that of reinforcements, whether he fought or did not fight. Abu Hanifa said: He is not given a share unless he fights, because he did not come for the sake of fighting, unlike the reinforcements. We argue that whoever is entitled to a share if he fights is also entitled if he does not fight, like the reinforcements and all others who were present at the battle.

Section: If reinforcements join them after the war has ceased but before the spoils have been gathered, or if a prisoner comes to them, the apparent meaning of al-Khiraqi's statement is that he shares with them because he arrived before they were secured. The judge (al-Qadi) said: The spoils are owned upon the conclusion of the war, before [the gathering of the spoils] (12). According to this, they are not given a share (13). If they have gathered the spoils, then a group of infidels comes to fight them, and reinforcements catch up to them and fight the enemy alongside them, Ahmad has explicitly stated that the reinforcements get nothing, for he said: If the Muslims have taken spoils, and the enemy catches up with them, and reinforcements come to the Muslims and fight the enemy alongside them [until they secure the spoils] (14), they have no share in the spoils. This is because they only fought for the sake of their companions, and did not fight for the sake of the spoils, because the spoils had already come into their hands and they had taken them. It was said to him: What if the people of al-Massisa (15) took spoils, then the enemy recovered them from them, and the people of Tarsus (16) came and fought with them until they recovered them? He said: "I would prefer (17) that they reach a settlement, [it is more pleasing to me that they reach a settlement] (18)." As for the first case, the first group had secured the spoils and possessed them by taking them, so they belonged to them to the exclusion of those who fought alongside them. As for the second case, the spoils were only obtained by the fighting of those who recovered them the second time, so they ought to share in them because the first securing was nullified by the infidels taking them. [It is possible that the first group possessed them by the first taking, and their ownership was not nullified by the infidels taking them] (19) from them, and that is why Ahmad preferred that they reach a settlement regarding them.

1654 - Issue: He said: "And whoever the commander sends for the benefit of the army, and he does not attend the spoils, shall be given a share."

This is like the messenger, the guide, the scout, the spy, and their likes; they are sent for the benefit of the army, and they share with the army. Abu Bakr ibn Abi Maryam, Rashid ibn Sa'd, and Atiyyah ibn Qays held this view. They said: "Uthman remained behind on the day of Badr, and the Messenger of Allah (peace and blessings of Allah be upon him) allotted him a share of the spoils." It is narrated from Ibn Umar that the Messenger of Allah (peace and blessings of Allah be upon him) stood—meaning on the day of Badr—and said: "Uthman has gone for the need of Allah and the need of His Messenger, and I am giving the pledge on his behalf." So the Messenger of Allah (peace and blessings of Allah be upon him) allotted a share for him, and did not allot one for anyone else who was absent. Related by Abu Dawud (1). From Ibn Umar, he said: "Uthman only missed Badr because he had the daughter of the Messenger of Allah (peace and blessings of Allah be upon him) as his wife, and she was ill, so the Prophet (peace and blessings of Allah be upon him) said to him: 'You shall have the reward of a man among those (2) who witnessed Badr and his share.'" Related by al-Bukhari (3), and because he...