Section: The mudabbar (slave whose freedom is contingent upon the death of his master) and the mukatab (slave under a contract of manumission) are like the absolute slave (qinn) because they are slaves. If any of them are emancipated before the end (17) of the war, a share is assigned to them. Similarly, if the master of the mudabbar is killed before the end of the war, and he (the mudabbar) is released from the one-third (of the estate), he is emancipated and a share is assigned to him. As for one who is partially free, Abu Bakr said: He is given a gift (radkh) in proportion to the degree of his servitude, and assigned a share in proportion to his freedom. Thus, if half of him is free, he is given half a share and half the gift; because this is something that can be divided, it is apportioned according to the degree of his freedom and servitude, like inheritance (19). The apparent meaning of Ahmad's words is that he is only given a gift, because he is not among those upon whom fighting is mandatory, thus he is like the slave.

Section: The khuntha mushkil (hermaphrodite with ambiguous genitalia) is given a gift; because it is not established that he is a man such that a share would be assigned (21) to him, and because he is not among those for whom Jihad is mandatory, so he is like the woman. It is possible that he is assigned half a share and half a gift, like inheritance. If his condition is revealed and it becomes clear that he is a man, his full man's share is completed for him, whether this is revealed before the end of the war or after it, or before the distribution or after it; because we have established that he was deserving of a share and was given less than his right, so he is like the case where some of the men are given less than their right by mistake.

Section: The child is given a gift (22), and no share is assigned to him (23). This is the position of al-Thawri, al-Layth, Abu Hanifah, al-Shafi'i, and Abu Thawr. From al-Qasim and Salim, regarding a child who is taken on a military expedition (24), he has nothing. Malik said: A share is assigned to him if he fights and is capable of it, and those like him have reached the age of fighting; because he is a free, male combatant, so a share is assigned to him like a man. Al-Awza'i said: A share is assigned to him. He said: The Messenger of Allah (peace and blessings of Allah be upon him) assigned a share...