then what he takes is permissible for him, if he is a foot soldier or upon a mount that he owns."

The overall summary is that when the booty requires someone to guard it, or to drive the animals that are part of it, or to pasture them, or to carry them, it is permissible for the Imam to hire someone to do that and to pay their wage from the booty itself; because this is part of its maintenance expenses, just like fodder for animals and food for captives. Whoever hires himself out to perform any of that, his wage is permissible for him, because he has hired himself out for an action that the Muslims have a need for, so his wage is lawful for him, just as if he had hired himself out to provide guidance along the way. As for his statement: "if he is a foot soldier or upon a mount that he owns," he means by that that he must not ride any of the booty's animals, nor a horse reserved [for jihad] (habis). Ahmad said: "There is no harm in a man hiring himself out [while riding] his own mount." He disapproved of hiring a group to drive the broodmares (ramaka) while using a reserved horse, because he would be using a horse designated for jihad for something that pertains to his own personal benefit. If he hires himself out and then rides a reserved horse, or an animal from the booty, the wage is not lawful for him, because the one assisting him with the work is prioritizing his own benefit, so it is not permissible for him to use the booty's animals or the reserved animals for it. He must be held liable for the value of the animal's hire, which should be returned to the booty if it was from the booty, or spent on the maintenance of the reserved animals if the horse was a reserved one.

Section: If he stipulates in the hiring contract the riding of an animal from the booty, it should be permissible, because that is equivalent to a wage paid to him from the booty. If he hires himself out for a specific animal from the booty, it is valid. If he makes his wage the riding of it, that is even more appropriate, unless the work is unknown, in which case it is not permissible, because a condition for the validity of hiring is that its compensation be known. If he stipulates in the hiring contract the riding of a reserved animal, it is not permissible, because it was only reserved for jihad, and this is not jihad; rather, it is a benefit for the people of the booty.