The scholars disagreed over the permissibility of battlefield bounties (al-jaʾāʾil). Mālik deemed them lawful, whereas others prohibited them altogether. Some allowed them only when granted by the ruler, or in a case of necessity; this is the view of Abū Ḥanīfa and al-Shāfiʿī.

As to the condition that entitles a combatant to a portion of the booty, the majority hold that if he is present at the actual fighting, his share is due—even if he does not personally engage in combat—whereas if he joins the force after the battle has ended he has no claim to any of the spoils. This is the ruling adopted by most jurists.

A different group maintains that, should he catch up with the army before it returns to Muslim territory and take part in any task related to the booty, he is entitled to his allotted portion. This is the opinion of Abū Ḥanīfa.

Their disagreement rests on two foundations: analogy and transmitted reports.

Analogy: Does the contribution of a soldier who guards the booty carry the same weight as that of one who seizes it? The man who witnesses the combat directly affects the acquisition of the spoils, and thereby earns a share. The one who arrives before the force reaches Muslim lands contributes only to safeguarding the booty. Those who view guarding as equivalent to seizing grant him a share even though he was absent from the battle; those who judge the safeguarding role to be weaker deny him any share.

Textual evidence: two reports appear to be in tension.

1. Abū Hurayrah narrates that the Messenger of Allah—may Allah bless him and grant him peace—“sent Abān ibn Saʿīd in command of a detachment from Madinah toward Najd. Abān and his men reached the Prophet—peace and blessings be upon him—at Khaybar after it had been conquered. Abān said, ‘Distribute the booty for us, O Messenger of Allah!’ but the Messenger of Allah—peace and blessings be upon him—made no distribution for them.”

2. It is also reported that the Messenger of Allah—peace and blessings be upon him—pronounced on the Day of Badr: “ʿUthmān has gone out for the sake of Allah and for the need of His Messenger, so the Messenger of Allah—peace and blessings be upon him—assigned him a share, and he assigned nothing to anyone else who was absent.” They contend that ʿUthmān’s share was deserved because his absence served the Imam’s purpose.

Abū Bakr ibn al-Mundhir said: It is established that ʿUmar ibn al-Khaṭṭāb—may Allah be pleased with him—declared, “The booty belongs to those who were present at the engagement.”

As for detachments (sarāyā) that set out from a standing army and capture spoils, the majority rule that the rest of the army shares with them in whatever they have taken, even though they did not witness the fighting or the capture, citing the Prophet’s saying, “Their detachments return [what they take] to those who remained behind,” recorded by Abū Dāwūd. The main force, they argue, plays a role in the acquisition as well.

Al-Ḥasan al-Baṣrī said: “If a detachment leaves the army with the Imam’s permission, the fifth (khums) is taken out, and the remainder belongs to the detachment; but if they depart without his permission, the Imam still takes the fifth, and the remainder is divided among the entire army.”

Al-Nakhaʿī remarked: “The Imam is free to choose: if he wishes, he deducts the fifth from what the detachment brings back, and if he wishes, he grants the whole of it to them as nafal (a discretionary bonus).”