after it (5), he has died after the seizure of it at a time when, if it were divided, its division would have been valid, and he would have been entitled to his share of it. Therefore, it is necessary that he be entitled to his share in it, just as if he had died after its acquisition in the Abode of Islam. Once it is established that he is entitled to it, it belongs to his heirs, like all of his other possessions (6) and rights.

1649. Issue: He said: (And the foot soldier is given a share.)

There is no disagreement that the foot soldier has a share. It has come down from the Prophet, peace and blessings of Allah be upon him, that he gave the foot soldier a share, in the reports mentioned earlier (1), and because the foot soldier requires less than what the cavalryman requires, and his utility is less than his; this necessitates that his share be less than his.

Section: It makes no difference whether the booty is from the conquest of a fortress, a city, or an army. Al-Shafi'i held this view as well. Al-Walid ibn Muslim said: I asked al-Awza'i about assigning shares for horses from the booty of fortresses. He said: The rulers before Umar ibn Abd al-Aziz, al-Walid and Sulayman, did not assign shares for horses from the fortresses and would consider all the people as foot soldiers, until Umar ibn Abd al-Aziz took charge; he disapproved of that and ordered their shares to be assigned from the conquest of fortresses and cities. The reason for this is that the Prophet, peace and blessings of Allah be upon him, divided the spoils of Khaybar: three shares for the cavalryman and one share for the foot soldier (2). These were fortresses. Furthermore, horses might be needed, such as when the people of the fortress come down and fight outside of it, and their owner incurs expenses for them, so a share is assigned for him, just as if they were (3) not in a fortress.

1650. Issue: He said: (And a gift [radkh] is given to the woman and the slave.)

Its meaning is that they are given something from the booty less than a full share, and no full share is assigned to them, nor is there a fixed amount for what they are given; rather, this is left to the discretion of the Imam. If he deems it appropriate to equalize among them, he equalizes among them (1), and if he deems it appropriate to favor some, he favors some.