Abū al-Maʿālī al-Juwaynī related this view on the authority of al-Shāfiʿī, and Abū Muḥammad al-Mundhirī adopted it in his commentary on Sunan Abī Dāwūd,(1) saying, “The ḥadīth supports it.”
Then they said: On this basis, if the muhallil and one of the two stake-givers cross the finish line together,
– should we hold that he makes it lawful for himself alone, the muhallil would appropriate(2) the whole purse to the exclusion of the other, even though they tied;
– but if we hold that he makes it lawful for himself and for them both, the two of them would share the prize equally,(3) even if one of the two contributors had outrun the other.
According to the majority, the muhallil is entitled to the entire purse, whereas, in Ibn Khayrān’s view, he and the muhallil divide the third man’s stake between them.(4)
Such is the wording of some Shāfiʿīs,(5) while al-Nihāyah records that,(6) if he should come in first