(This was a well-known personal allotment that belonged to him—may Allah bless him and grant him peace—namely, whatever he chose for himself from the very first of the spoils, whether a horse, a bondwoman, or a male slave.) It is reported that Ṣafiyyah herself was taken as part of that safiyy. The scholars unanimously agree that no one after the Messenger of Allah—peace and blessings be upon him—may claim such a safiyy, with the sole exception of Abū Thawr, who argued that it should be treated like the Prophet’s own share.

Section Two: The Ruling on the Remaining Four-Fifths

The vast majority of scholars hold that four-fifths of the booty belong to the combatants, provided they went out with the Imam’s permission. They differed, however, concerning those who go out without that permission, over who exactly deserves a share, when the right to it arises, how much it should be, and what may be lawfully taken from the spoils before the final division.

According to the majority, the four-fifths belong to the fighters who captured the booty, whether they departed with the Imam’s leave or without it, on account of the general wording of the Almighty’s statement:

“Know that whatever you take as spoils of war…” (Qur’an 8:41).

Another group maintained that if a detachment—or even a single individual—goes out without the Imam’s permission, everything he brings back is considered extra booty (nafl) that the Imam takes. Yet a third group said that the entire booty remains with the one who captured it.

The majority clung to the plain sense of the verse, whereas the latter scholars appear to have relied on the historical practice during the lifetime of the Messenger of Allah—peace and blessings be upon him—when every expedition set out only with his permission. They thus deemed the Imam’s permission a prerequisite, a view that is weak.

As for those entitled to a share of the booty, consensus exists regarding free, adult males. They disagreed, however, about the opposite categories—namely women, slaves, and boys who have not yet reached full maturity but are close to it.

One group said: Women and slaves have no allotted share of the booty, though they may be given a discretionary payment (raḍkh); this is the position of Mālik. Another group held that they are given neither payment nor share. A third group maintained that they receive a single full share, a view attributed to al-Awzāʿī.

They likewise differed concerning the adolescent boy: some held that he receives a full share—this is al-Shāfiʿī’s view; others stipulated that he must be capable of fighting, which is Mālik’s position; still others said that only a discretionary gratuity is given to him.

The root of their disagreement about slaves lies in whether the general wording of the verse includes both free men and slaves or is restricted to free men alone. Moreover, the practice of the Companions conflicts with the apparent generality of the verse, for it became widespread among them—may Allah be pleased with them—that boys receive no fixed share. This is reported from ʿUmar ibn al-Khaṭṭāb and Ibn ʿAbbās, as recorded by Ibn Abī Shaybah through multiple chains of transmission from both of them.