strong, and he should not allow a crippled (hatim) animal, nor a weak one, nor a thin one, nor an emaciated, exhausted one. If one witnesses the battle upon [one of] these, no share is assigned to him. Malik held this view as well. Al-Shafi'i said: A share is assigned to him, just as it is assigned to the sick. Our argument is that it is of no utility, so no share is assigned to it, like the man who demoralizes and spreads rumors (mukhadhil and murjif). Furthermore, it is an animal whose participation must be prevented, so no share is assigned for it, like the rumor-monger. As for the sick person who is unable to fight, if his illness removes him from being among the people of Jihad—such as the bedridden, the paralyzed, or the hemiplegic—then he has no share, because he is no longer among the people of Jihad. However, if his illness does not remove him from that, such as one suffering from fever or a headache, then a share is assigned to him, because he is among the people of Jihad and assists with his counsel, his numerical presence, and his supplication.

1648. Issue: He said: (And whoever dies after the acquisition of the booty, his heir takes his place regarding his share.)

The general principle is that if a warrior dies or is killed, we look: if it was before the acquisition of the booty, then there is no share for him, because he died before the ownership of the Muslims was established over it, whether he died during the fighting or before it. If he died after that, his share belongs to his heirs. Abu Hanifah said: If he dies before the acquisition of the booty in the Abode of Islam (Dar al-Islam), or its division in the Abode of War (Dar al-Harb), then he gets nothing, because the ownership of the Muslims is not complete over it except by that. Al-Awza'i said: If he dies after he traverses (yudrib) toward the path of Allah, whether before or after, a share is assigned to him. Al-Shafi'i and Abu Thawr said: If he was present at the fighting, a share is assigned to him, whether he died before the acquisition of the booty or after it; if he was not present, then he has no share. Malik and al-Layth said something similar. Our argument is that when he dies before its acquisition, he has died before its ownership and the establishment of possession over it, so he is entitled to nothing. If he dies...