Here, each competitor registers an individual victory, so he deserves the full prize.
Accordingly, if someone were to say, “Whoever wins shall receive ten, and whoever performs the prayer shall receive five,” and five people win while five pray, then—under the first opinion—the ten go to the winners, each taking two dirhams, and the five go to the worshippers, each taking one dirham. Under the second opinion, every one of the five winners receives ten, making fifty in all, and every one of the five worshippers receives five, making twenty-five.
Those who adopt the first opinion are represented by the author of al-Mughnī (1), who said: “It is possible (2), on his view, that the contract in this form is invalid, for it might occur that nine people win; the ten would then be divided among them, each getting one dirham and a ninth. A single person might pray and be awarded ten—so that each of the nine still has only a dirham and a ninth—or a single person might pray and receive five. In such a case the worshipper would take a larger share of the prize than the winner (3), and the purpose of the stipulation would be defeated.”
Section (4)
If the parties stipulate that the winner must feed the prize to his fellow competitors or to others, the condition and the contract are both invalid according to al-Shāfiʿī, whereas only the condition is void according to Abū