with their permission, for the Messenger ﷺ said, “Then in them strive,” a report judged sound by al-Tirmidhī. Serving one’s parents is an individual obligation, while jihad is a collective obligation, and an individual duty takes precedence over a collective one.
The Muslim ruler must inspect the army as it sets out and exclude every man or mount unfit for war—such as the demoralizer (mukhadhdhil) and the alarmist (murjif) who discourage the people from fighting, make them disdain it, frighten the believers, and spread reports and rumors that unsettle the ranks.
He must also appoint commanders for each force, grant discretionary extra shares of the booty to those whose incentive would further the jihad, and then divide the remainder of the spoils among the entire army.
The troops are obliged to obey their commander in what is right, offer him sincere counsel, and show patience with him, for Allah the Exalted says, “O you who believe, obey Allah, obey the Messenger, and those in authority among you.”
It is not permissible to kill a child, a woman, a monk, a decrepit old man, a chronically ill person, or a blind person who has no role in the fighting and neither fought nor incited others. Rather, they are taken captive and become slaves through capture, for the Prophet ﷺ used to enslave women and children when he captured them.
Booty becomes the property of the Muslims once it is seized in enemy territory. It includes everything taken by force from the enemy’s wealth through combat, as well as anything obtained in exchange as ransom. It belongs to all who were present at the engagement among the fighting force with the intention of combat, whether they actually fought or not, for their presence supports the fighters and they were prepared to fight; thus they are like the combatants. ‘Umar (may Allah be pleased with him) said, “Booty belongs to whoever was present at the battle.”
As for its distribution, the imam first removes the one-fifth that is for Allah and His Messenger, along with the share assigned to the Prophet’s relatives, the orphans, the poor, the needy, and the traveler,