favoring, he favors. This is the opinion of most scholars, including Sa'id ibn al-Musayyib, Malik, al-Thawri, al-Layth, al-Shafi'i, and Ishaq; and this was reported from Ibn 'Abbas. Abu Thawr said: A share is assigned to the slave. This was also reported from Umar ibn Abd al-Aziz, al-Hasan (2), and al-Nakha'i, due to what was reported from al-Aswad ibn Yazid, that slaves witnessed the conquest of al-Qadisiyyah and he assigned them their shares (3). And because the sanctity of the slave in religion is like the sanctity of the free man, and in him there is utility equal to what is in him, so it is necessary that a share be assigned to him, like the free man. It was narrated from al-Awza'i: There is no share or gift (radkh) for slaves, unless they bring booty, or they have utility, in which case a gift is given to them. He said: And a share is assigned to the woman, due to what Hashraj (4) ibn Ziyad narrated from his grandmother, that she attended the conquest of Khaybar, she said: So the Messenger of Allah (peace and blessings of Allah be upon him) assigned to us, just as he assigned to the men (5). And Abu Musa assigned to women with him during the expedition of Tustar (6) (7). And Abu Bakr ibn Abi Maryam said: Women were given shares on the day of Yarmouk. Sa'id (8) narrated, with his chain of transmission from Ibn Shibl (9), that the Prophet (peace and blessings of Allah be upon him) allotted a share to Sahlah bint 'Asim on the day of Hunayn. A man from the people said: Sahlah was given the like of my share. Our position is what was narrated from Ibn 'Abbas that he said: The Messenger of Allah (peace and blessings of Allah be upon him) used to wage war with women, they would treat the wounded, and they would be given a gift (yuhdhayna) from the booty, but as for a share, he did not allot one for them. Narrated by Muslim (10). And he narrated
(2) In A: "al-Husayn". (3) The report regarding al-Aswad witnessing al-Qadisiyyah is in Tarikh al-Tabari 3/511, 576. We did not find this in it. (4) In M: "Jarir". An error. (5) Narrated by Abu Dawud, in: Chapter on the woman and slave who are given a gift from the booty, from the Book of Jihad. Sunan Abi Dawud 2/68. And Ahmad, in: al-Musnad 5/271, 6/371. (6) Tustar: The greatest city in Khuzestan. Mu'jam al-Buldan 1/847. (7) Narrated by Ibn Abi Shaybah, in: Chapter on warring with women, from the Book of Jihad. al-Musannaf 12/527. He did not mention that he assigned a share to them. It was also narrated before this, in: Chapter on whether women and children have anything from the booty? from the Book of Jihad. al-Musannaf 12/409. He did not mention Tustar in it. (8) In: Chapter on what has come regarding the shares of women, from the Book of Jihad. al-Sunan 2/283. (9) In Sunan Sa'id: "Shibl". (10) In: Chapter on women who go on expeditions and are given a gift..., from the Book of Jihad and Expeditions. Sahih Muslim 3/1444. It was also narrated by Abu Dawud, in: Chapter on the woman and slave who are given a gift from the booty, from the Book of Jihad. Sunan Abi Dawud 2/68. Al-Tirmidhi, in: Chapter on who is given the fay' (spoils), from the chapters of al-Siyar. 'Aridat al-Ahwadhi 7/46. And Imam Ahmad, in: al-Musnad 1/308.
