the ten [is awarded]; because the condition is found in him. If two win, they share the ten. If nine win and one is left behind, the ten is for the nine; because the condition was found in them, so the compensation is among them, just as if he said: "Whoever returns my runaway slave shall have ten," and nine people returned him. It is also possible that each one of the winners is entitled to ten; because each one of them is a winner, so he is entitled to the full compensation, just as if he said: "Whoever returns a slave for me shall have ten," and each one returned a slave. This differs from the case where he says: "Whoever returns my slave," and nine people return him; because each one of them did not return him, rather his return was achieved by the group. This becomes as if he said: "Whoever kills a man shall have his spoils." If each one kills a man, then each one has the full spoils of his victim, but if the group kills one person, they all share the spoils of one. Here, each one has an individual win, so he is entitled to the full compensation. According to this, if he said: "Whoever wins shall have ten, and whoever finishes second shall have five," and five won and five finished second, then according to the first of the two views, the winners get ten—each one of them receiving two dirhams—and those who finished second get five—each one of them receiving one dirham. According to the second view, each one of the winners gets ten, so they have fifty, and each one of those who finished second gets five, so they have twenty-five. Whoever upholds the first view might argue that the contract is not valid based on this, because it is possible that nine win, so they get ten—each one receiving one dirham and a ninth—and one finishes second, so he gets five; thus, the one who finishes second receives more of the compensation than the winner, so the intended purpose is defeated.

1776 - Issue: He said: "If they both bring [a wager] together, it is not permissible unless they introduce between them a 'muhallil' (a third party/spoiler) whose horse is equivalent to their two horses, or whose camel is equivalent to their two camels, or whose archery is equivalent to their two archery [performances]. If he outstrips them, he secures their two wagers; if the winner is one of them, he secures his own wager and takes the wager of his companion, so it becomes like the rest of his wealth, and he takes nothing from the muhallil."

Al-Sabaq (with a fathah on the sīn): is the compensation for which one races; it is also called al-khatar, al-nadab, al-qara', and al-rahn. It is said: "Sabaqa" (he won/he gave), whether he takes or gives. It is one of the contranyms (addad). Whenever two people race...