whether they will be defeated or not? Moreover, if some of the Muslims were to die before the acquisition, they would not be entitled to anything. Conversely, if reinforcements were found in that state, or a captive escaped and joined the Muslims, or a disbeliever embraced Islam and they fought together, they would be entitled to a share. This indicates that consideration is given to the state at the time of securing the booty, and therefore it is mandatory to consider it exclusively, to the exclusion of any other state.
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. Narrated by Abu Dawud. 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
(1) In M: "Husayn ibn Thabit". (2) Omitted from: the original, A. (3) In: The chapter on one for whom a share is allocated, from the Book of Jihad. Sunan Abi Dawud 2/69, 70. (4) Reported by al-Bukhari, in: The chapter on the shares of the horse, from the Book of Jihad. Sahih al-Bukhari 4/37. And Muslim, in: The chapter on the manner of dividing booty among those present, from the Book of Jihad and Expeditions. Sahih Muslim 3/1383. It was also reported by Abu Dawud, in: The chapter on the shares of horses, from the Book of Jihad. Sunan Abi Dawud 2/69. And al-Tirmidhi, in: The chapter on the share of the horse, from the Book of Expeditions. 'Aridat al-Ahwadhi 7/43. And Ibn Majah, in: The chapter on the division of spoils, from the Book of Jihad. Sunan Ibn Majah 2/952. And al-Darimi, in: The chapter on the shares of horses, from the Book of Expeditions. Sunan al-Darimi 2/225, 226. (5) In: The chapter on what is stated regarding the shares of horses, from the Book of Jihad. Al-Sunan 2/278. It was also reported by al-Bayhaqi, in: The chapter on what is stated regarding the share of the foot soldier and the horseman, from the Book of the Division of Fay' and Booty. Al-Sunan al-Kubra 6/326.
