Appointment to the Command of Jihad

As for the command of jihad, it is specifically concerned with fighting the polytheists. It is of two types. The first is limited to managing the army and directing the war; in this case, the conditions for a restricted command apply. The second is one in which the commander is entrusted with all matters pertaining to it, including distributing the spoils and concluding peace treaties; in this case, the conditions for a general command apply. This is the most extensive of the restricted jurisdictions in its legal rulings and the richest in its sections. The ruling of the restricted form is subsumed under that of the comprehensive form.

When the command is comprehensive, the legal rulings connected with it are six in number. The first concerns marching the army. In this regard, he owes them seven duties. First, he must show consideration for them by setting a marching pace that the weakest among them can sustain and that preserves the strength of the strongest. He must not press the march, lest the weak perish. Second, he must inspect the horses on which they fight, so that no old or young horse, nor any emaciated and feeble one, is included among the warhorses, for their weakness may prove a liability. Allah Most High has said: “And prepare against them whatever you are able of power and of steeds of war” (8:60). He must also prevent them from loading the horses beyond what they can bear.

Third, he must attend to the fighters under his command. They are of two categories: stipendiaries and volunteers. The stipendiaries are those enrolled in the military register and entitled to fayʾ revenues; stipends are assigned to them from the public treasury according to their military contribution and need. The volunteers are those outside the register—desert dwellers, villagers, and townspeople—who have gone forth in response to the call to arms, in accordance with Allah’s command: “Go forth, whether light or heavy, and strive with your wealth and your lives in the cause of Allah” (9:41).

There have been four interpretations of Allah’s words, “whether light or heavy.” The first is: young men and old men, as stated by al-Hasan and ʿIkrimah. The second is: the wealthy and the poor, as stated by Abu Salih. The third is: those riding and those walking, as stated by Abu ʿAmr. The fourth is: those with dependents and those without dependents, as stated by al-Farrāʾ.

It has also been said that these men are to be paid from zakat, but not from fayʾ—specifically, from the “in the cause of Allah” share mentioned in the verse on alms. They are not paid from fayʾ because their entitlement is from zakat, whereas those entitled to fayʾ are not given