Section
If one of the two captains (1) personally puts up the stake and his team is then beaten, nothing is required of his teammates, for he assumed the obligation for himself alone. If, however, he stipulated that the stake would be upon them, then they must all contribute equally.
As for the victorious team, there are two views regarding how they should divide the stake:
-
They share it equally—both those who hit the target and those who missed—just as liability was borne equally by the defeated side; therefore, the winners receive it in equal shares (2). This is the view of the followers of al-Shafiʿi (3).
-
It is divided among them (4) in proportion to the number of hits, and anyone who failed to hit receives nothing. Entitlement arises from hitting the mark, so the share corresponds to it and is limited to those who achieved it. This differs from the defeated side: their liability resulted from a collective undertaking in which they were equal, whereas here the right to the stake is earned by hitting, in which they differed.
This second view is the stronger one, and Allah, exalted be He, knows best.