Whoever, under these circumstances, forbids the Muslims to collect the spoils, or permits the ruler to dispose of them however he wishes—the two positions (1) stand at opposite extremes, whereas Allah’s religion (2) follows the middle course.
Equity in distribution requires that a foot soldier receive one share, while a cavalryman mounted on an Arabian horse receives three shares: one for himself and two for his horse. This is how the Prophet, peace and blessings be upon him, distributed the spoils in the year of Khaybar (3).
Some jurists hold that a cavalryman receives two shares. The first view, however, is the one established by the authentic Sunnah, for the horse requires upkeep for itself and its groom (4), and the benefit people (5) derive from it exceeds that of two foot soldiers. Some hold that the Arabian and crossbred horses are treated equally in this regard. Others maintain that the crossbred horse is allotted only one share, as has been reported from the Prophet, peace and blessings be upon him, and his Companions (6).
(1) The base text reads *al-qawlayn* (“the two positions,” in the accusative)!
(2) F reads: “the religion of Allah and His Messenger.”
(3) Recorded by al-Bukhārī (2863) and Muslim (1762), from Abd Allāh ibn Umar, may Allah be pleased with them both.
(4) L reads: “for upkeep and handling.”
(5) All manuscripts other than the base text read: “the cavalryman,” which is far-fetched in context.
(6) Recorded by Abū Dāwūd in *al-Marāsīl* (275) and by al-Bayhaqī in *al-Sunan al-Kubrā* (6/328), from Makhūl, who reported that the Prophet, peace and blessings be upon him, treated the Arabian horse as an Arabian and the crossbred as a crossbred: the Arabian received two shares and the crossbred one. Al-Bayhaqī then quoted al-Shāfiī as saying: “It has been related that the Prophet, peace and blessings be upon him, favored the Arabian over the crossbred, and that Umar did likewise. However, only Makhūl narrated this, in *mursal* form, and a *mursal* report of this kind does not constitute proof in our view.” Al-Bayhaqī also recorded it with a connected chain from Habīb ibn Salama, but stated that the *mursal* version is more sound.