and then he divides the remaining four-fifths among the combatants: the foot-soldier receives one share, while the horseman receives three shares—one for himself and two for his mount—for the Messenger of Allah (peace and blessings be upon him) allotted three shares to each cavalryman at Khaybar, two for his horse and one for him; the report is agreed upon.

The imam’s deputy may discharge this division on his behalf.

Illicit appropriation (ghulul)—concealing any portion of the spoils a fighter has taken—is forbidden, for Allah the Exalted says, “It is not for a prophet to act dishonestly; whoever is dishonest shall bring forth what he concealed on the Day of Resurrection.” Whoever commits ghulul must be disciplined with a discretionary punishment the imam deems sufficient to deter him and others.

If the booty is land, the imam may choose either to parcel it out among the victors or to dedicate it as an endowment for the Muslims’ interests, in which case he levies a continuing kharāj on whoever holds it.

Whatever the unbelievers abandon out of fear of the Muslims, the estate of one who leaves no heirs, and one-fifth of the one-fifth of the booty—the share of the Messenger of Allah (peace and blessings be upon him)—are classed as fayʾ and are to be spent on the welfare of the Muslim community.

The Muslim ruler may enter into a truce with the unbelievers, suspending hostilities for a specified period that meets the need, when such a truce is in the Muslims’ interest and postponement of jihad is justified by their weakness. If, however, the Muslims are strong and capable of fighting, it is not permissible to conclude a truce. The Prophet (peace and blessings be upon him) only made a truce with the unbelievers at the Treaty of al-Hudaybiyyah and made peace with the Jews of Medina when circumstances warranted it.