in their interest, so he deserves a share of their spoils, like a sariyyah (detachment) with the army, or the army with a sariyyah.

Section: Ahmad was asked about a group of people whom the commander left behind in the lands of the enemy, and he went out to raid, obtained spoils, and did not pass by them, then they returned. Do they receive a share? He said: "Yes, he gives them a share, because the commander left them behind." It was said to him: "What if the commander called out: 'Whoever is weak, let him remain behind,' and some people remained behind and went to Lu'lu'ah, where the Muslims were, and they stayed there until they departed?" He said: "If they had taken refuge in a place of safety, he does not give them a share. If they remained behind and stayed in a place of fear, he gives them a share." He also said regarding a group whom the commander left behind, and he launched a raid with the fastest horses: "If they stayed in the enemy's land until he returned, he gives them a share. If they returned and reached their place of safety, they get nothing." It was said to him: "What if a man became ill, or his mount became ill while he was in enemy territory, and the commander said to him: 'Stay and I will give you a share, or return to your family and I will give you a share'?" He disapproved of this and said: "This man is returning to his family, so how can a share be allotted to him!"

Section: The distribution of (4) spoils is permissible in the Abode of War (dar al-harb). Malik, al-Awza'i, al-Shafi'i, Ibn al-Mundhir, and Abu Thawr held this view. The proponents of opinion (Ashab al-Ra'y) said: "They are not distributed (5) except in the Abode of Islam (dar al-islam), because ownership is not (6) completed over them except through full possession, and that is not achieved except by securing them in the Abode of Islam." If they are distributed, the distributor has done wrong, but his distribution is valid because it is a matter of ijtihad (legal reasoning); if the Imam rules on it according to the opinion of some mujtahidin, his ruling is binding. Our evidence is what Abu Ishaq al-Fazari narrated, saying: "I said to al-Awza'i: 'Did the Messenger of Allah (peace and blessings of Allah be upon him) distribute any of the spoils in Medina?' He said: 'I do not know of it (7). People used to follow their spoils and distribute them in the land of their enemy, and the Messenger of Allah (peace and blessings of Allah be upon him) never returned from a campaign in which he obtained spoils without setting aside the fifth (khums) and distributing it before returning.' Examples of this are the campaign of Banu al-Mustaliq, Hawazin, and Khaybar. Also, because any land where distribution is valid, it is permitted, just like in the Abode of Islam. And because ownership is established therein by force, conquest (9), and seizure, its distribution is valid, just as if it had been secured in the Abode of Islam.

1655 - Issue: He said: "And when they are taken captive, a father shall not be separated from his child, nor a mother from her child." The scholars have reached a consensus that separating a mother from her young child is not permissible. This is the view of Malik among the people of Medina, al-Awza'i among the people of al-Sham, al-Layth among the people of Egypt, and al-Shafi'i, Abu Thawr, and the proponents of opinion regarding it. The basis for this is what Abu Ayyub narrated, saying: "I heard the Messenger of Allah (peace and blessings of Allah be upon him) say: 'Whoever separates a mother from her child, Allah will separate him from his loved ones on the Day of Resurrection.'" Related by al-Tirmidhi (1), who said: "A hasan gharib hadith." The Prophet (peace and blessings of Allah be upon him) also said: "Let no mother be distressed over her child" (2). Ahmad said: "A mother shall not be separated from her child even if she consents." That is—and Allah knows best—because of the harm it causes the child, and because a woman might consent to something that harms her, then her heart changes afterward.