the fifth, so how is it conceivable to take a third of the fifth from a fifth of the fifth? This is impossible; therefore, it is established that it must be from other than that, or that the extra share (nafal) was for the detachment to the exclusion of the rest of the army. Moreover, what we have narrated is explicit (10) regarding the ruling, so it cannot be countered by something derived that admits a meaning other than what the one who derived it interpreted it to have. When this is established, the apparent view of Ahmad is that they only merit this extra share by the prior condition; if he did not stipulate it for them, then they do not get it. For it was said to him: Did the Messenger of Allah (peace and blessings of Allah be upon him) not grant an extra share of a quarter at the beginning, and a third upon returning? He said: Yes, that is if he grants an extra share, and the discussion on that has preceded. Based on this, if the Imam deems it appropriate not to grant them anything, he may do so; and if he deems it appropriate to grant them an extra share less than a third and a quarter, he may do so; because if it is permissible not to assign them anything, it is permissible to assign them a small amount. However, it is not permissible to grant an extra share of more than a third; Ahmad explicitly stated this, and it is the view of Makhul, al-Awza'i, and the majority of scholars. Al-Shafi'i said: There is no limit to the extra share; rather, it is left to the discretion (ijtihad) of the Imam, because the Prophet (peace and blessings of Allah be upon him) granted a third one time and a quarter another time. In the hadith of Ibn Umar, he granted half of a sixth. This indicates that there is no limit to the extra share that the Imam may not exceed, so it should be left to his discretion. Our evidence is that the extra share of the Prophet (peace and blessings of Allah be upon him) reached up to a third, and it should not be exceeded. As for what al-Shafi'i mentioned, it indicates that there is no limit for the minimum of the extra share and that it is permissible to grant less than a third or a quarter, and we agree with that; moreover, this statement is contradictory when combined with his statement that the extra share is from the fifth of the fifth. If the Imam stipulates for them an increase over a third, they are returned to that [limit]. Al-Awza'i said: It is not appropriate to stipulate a half, but if he increases it for them beyond that, he must fulfill it for them and consider it from the fifth. The reason for the increase in the extra share upon returning compared to the beginning is due to the hardship involved, for the army at the beginning is a support for the detachment and follows it, and the enemy is in fear and perhaps unaware; while upon returning, there is no support for the detachment because the army is turning away from them, and the enemy is alert and ferocious. Ahmad said: At the beginning, when they are departing, it is a quarter; and in the returning phase, when they are coming back, it is a third, because they yearn for their families, and this is greater. The second category is for the Imam to grant an extra share to some of the army due to their prowess, valor, and hard work, or due to a hardship they endured to the exclusion of the rest of the army. Ahmad said regarding
(10) In the original: "sahih" (authentic).