1078 - Issue: He said: "And a share for the Messenger of Allah, peace and blessings of Allah be upon him, to be spent on cavalry, weaponry, and the welfare of the Muslims."

This is the opinion of al-Shafi'i, for he said: "I choose that the Imam places it in every matter that pertains specifically to Islam and its people, such as securing a frontier, preparing cavalry or weaponry, or giving it to those of distinguished service in Islam as a voluntary award (nafal) during war or otherwise." This is similar to what al-Khiraqi said. This share belonged to the Messenger of Allah, peace and blessings of Allah be upon him, from the spoils of war, whether he was present [at the battle] or not, just as the shares of the rest of those entitled to the fifth belong to them, whether they were present or not. The Messenger of Allah, peace and blessings of Allah be upon him, used to do with it as he pleased, and when he passed away, Abu Bakr assumed authority over it, and it did not lapse upon his death. It has been said: Allah the Almighty attributed it to Himself and His Messenger only so that it would be known that its category is the category of welfare, and that it is not exclusive to the Prophet, peace and blessings of Allah be upon him, so that it would lapse upon his death. A group claimed that it lapsed upon his death and is returned to the shares of the others entitled to the fifth, because they are his partners in it. Others said: Rather, it is returned to the combatants (al-ghanimin), because they made it lawful by their fighting, and shares were extracted from it, including the share of the Prophet, peace and blessings of Allah be upon him, as long as he was alive. When he died, it became necessary to return it to those in whom the cause of entitlement is found, just as when a share is extracted from a deceased person's estate by a will, and then the will becomes void, it is returned to the estate. A group said: It belongs to the Caliph after him, because Abu Bakr narrated from the Prophet, peace and blessings of Allah be upon him, that he said: "When Allah provides a provision for a Prophet, then takes him, it is for the one who succeeds him thereafter." And I have seen [fit] to return it to the Muslims. The correct [view] is that it remains, and that it is spent on the welfare of the Muslims, but the Imam stands in the place of the Prophet, peace and blessings of Allah be upon him, in spending it as he deems appropriate, for Abu Bakr, may Allah be pleased with him, said: "I will not leave any matter..."