the one-fifth had been set aside (1).
Regarding this additional award, some scholars have said that it is to be taken from the one-fifth, while others have said that it is to be taken from one-fifth of the one-fifth, so that some of those sharing in the spoils are not favored over others. The correct view, however, is that it may be taken from the remaining four-fifths (2), even though this entails favoring some over others for a religious interest rather than personal whim, as the Prophet, peace and blessings be upon him, did on more than one occasion. This is the view of the jurists of Syria (3), Abū Hanīfa, Ahmad, and others (4).
On this basis, it has been said that the ruler may award an additional quarter or third, whether or not this was stipulated beforehand, but that any amount beyond this may be awarded only if stipulated—for example, by saying, “Whoever directs me to a fortress shall receive such-and-such, and whoever brings me a head shall receive such-and-such,” and the like. It has also been said that he may not award more than a third, nor may he award it