Section: As for the person hired for service in Jihad, or the one who [hires out an animal of his] (21) and goes out with it and witnesses the engagement, there are two narrations from Ahmad. One of them is that he has no share. This is the opinion of al-Awza'i and Ishaq; they both said: One who is hired for the service of the people has no share. The evidence for this is the hadith of Ya'la ibn Munya. The second is that a share is granted to both of them if they witness the fighting with the people. This is the opinion of Malik and Ibn al-Mundhir. Al-Layth also held this view, provided he fights; but if he occupies himself with service, he has no share. Ibn al-Mundhir cited as evidence the hadith of Salama ibn al-Akwa', that he was a hired worker for Talha when he caught up with 'Abd al-Rahman ibn 'Uyayna when he raided the livestock of the Messenger of Allah (may Allah bless him and grant him peace), and the Prophet (may Allah bless him and grant him peace) gave him the share of the horseman and the foot soldier (22). Al-Qadi said: A share is granted to him if he is with the mujahidin and his intention (23) is Jihad, but as for other than that, it is not. Al-Thawri said: A share is granted to him if he fights, and the cost of the sustenance he was occupied with instead is lifted from the one who hired him.
Section: As for the merchant and the artisan, such as the tailor, the baker, the farrier, the blacksmith, and the cobbler, Ahmad said: A share is granted to them if they are present. Our companions said: whether they fight or do not fight. This was also the opinion of al-Hasan, Ibn Sirin, al-Thawri, al-Awza'i, and al-Shafi'i regarding the merchant. Malik and Abu Hanifah said: No share is granted to them (24) unless they fight. There is another narration from al-Shafi'i that matches our view. From him, there is also a narration that no share is granted to him in any case. Al-Qadi said regarding the merchant and the hired worker: If they are with the mujahidin and their intention is Jihad, and the merchant only has merchandise with him which he would sell if requested, and the hired worker's intention is also Jihad, then for these two a share is granted, because they (25) are warriors. The artisans are in the position of the merchants (26), whenever they are prepared for fighting and have weapons with them,
a warrior, from the chapters on the virtues of Jihad. 'Aridat al-Ahwadhi 7/127. And al-Nasa'i, in: The Chapter on the Virtue of Whoever Equips a Warrior, from the Book of Jihad. Al-Mujtaba 6/38. And Ibn Majah, in: The Chapter of Whoever Equips a Warrior, from the Book of Jihad. Sunan Ibn Majah 2/921, 922. And al-Darimi, in: The Chapter on the Virtue of Whoever Equips a Warrior, from the Book of Siyar. Sunan al-Darimi 2/209. And Imam Ahmad, in: Al-Musnad 1/20, 53, 4/115, 116, 117, 5/192, 193. (21) In the original: "yakunu dawabbu lahu" (he is provided with his animals for him). (22) Previously cited on page 34. (23) In (M): "wa suhbatuhu" (and his companionship). (24) In (B): "lahu" (to him). (25) In the copies: "li-annahum" (because they). (26) In (A) and (B): "al-tajir" (the merchant).
