1643 - Issue; He said: (Whoever among the combatants enters their land as a horseman, and his horse dies before the booty is secured, he is entitled to the share of a foot soldier; and whoever enters as a foot soldier, and the booty is secured while he is a horseman, he is entitled to the share of a horseman.)

The sum of this is that the consideration for entitlement to a share depends on the state at the time of securing the booty. If the booty is secured while he is a foot soldier, he is entitled to the share of a foot soldier; and if it is secured while he is a horseman, he is entitled to the share of a horseman, regardless of whether he entered as a horseman or a foot soldier. Ahmad said: I am of the opinion that everyone who witnessed the battle, in whatever state he was, is given his share; if he was a horseman, he receives the share of a horseman, and if he was a foot soldier, he receives the share of a foot soldier; because Umar said: 'The booty belongs to those who witnessed the battle.' This was the opinion of al-Awza'i, al-Shafi'i, Ishaq, and Abu Thawr. Ibn Umar said something similar. Abu Hanifa said: The consideration is based on entering the Abode of War; if he enters as a horseman, he is entitled to the share of a horseman even if his horse dies before the fighting, and if he enters as a foot soldier, he is entitled to the share of a foot soldier, even if he acquires a horse and fights on it. There is another narration from him similar to our view. Ahmad said: Sulayman ibn Musa used to review them when they entered the borderland (adrabu), the horseman was recorded as a horseman, and the foot soldier as a foot soldier. This is because he entered into war with the intention of fighting, so his share does not change with the loss of his mount or the acquisition of a mount, just as if it happened after the fighting. Our argument is that the horse is an animal for which a share is allocated, so its presence at the time of fighting is considered; therefore, a share is allocated for it when it is present, and no share is allocated for it when it is absent, like a human. The principle in this is that the condition for the entitlement of a share is the state that necessitates fighting, as evidenced by the saying of Umar: 'The booty belongs to those who witnessed the battle.' This is also because it is the state in which the acquisition, which is the cause of ownership, is realized, unlike what comes before it, for the wealth is still in the hands of its owners, and we do not know if they will be conquered or not.

1644 - Issue; He said: (He is given three shares: one share for himself, and two shares for his horse.)

Most scholars are of the opinion that the booty is divided for the horseman such that he receives three shares: one for himself, and two for his horse, while the foot soldier receives one share. Ibn al-Mundhir said: This is the school of Umar ibn Abd al-Aziz, al-Hasan, Ibn Sirin, [Habib ibn Abi Thabit], and the generality of the scholars of Islam in the past and the present. Among them are Malik and those who followed him from the people of Medina, al-Thawri and those who agreed with him from the people of Iraq, al-Layth [ibn Sa'd] and those who followed him from the people of Egypt, al-Shafi'i, Ahmad, Ishaq, Abu Thawr, Abu Yusuf, and Muhammad. Abu Hanifa said: For the horse, there is one share, because of what Mujammi' ibn Jariyah narrated, that the Messenger of Allah (peace be upon him) divided Khaybar among the people of Hudaybiyyah, and he gave the horseman two shares, and gave the foot soldier one share. Abu Dawud narrated it. Furthermore, it is an animal that has a share, so it does not exceed one share, like a human. Our argument is what Ibn Umar narrated, that the Messenger of Allah (peace be upon him) allocated three shares for the horseman on the day of Khaybar: two shares for his horse, and one share for himself. This is agreed upon. And from Abu Ruhm and his brother, that they were two horsemen on the day of Khaybar, and they were given six shares: four shares for their two horses, and two shares for themselves. Narrated by Sa'id ibn Mansur, and from Ibn...