the army shares with it in what it captured, for the detachment was able to do so only with the army at its back and through its strength. It is, however, granted an additional allotment beyond the army’s share. The Prophet, may Allah bless him and grant him peace, used to grant a detachment, during the outward march, one quarter after the one-fifth share had been set aside. When they were returning to their homelands and a detachment went forth, he granted them one third after the one-fifth share had been set aside (1). Likewise, if the army captured spoils, the detachment shared in them because it was serving the army’s interests [أ/ق 32], just as the Prophet, may Allah bless him and grant him peace, allotted a share to Talha and al-Zubayr (2), may Allah be pleased with them, on the day of Badr, for he had sent them on a mission serving the army’s interests. Thus, the aides and supporters of a group capable of armed resistance share in its entitlements and liabilities.

The same applies to those who fight one another for a false cause admitting of no plausible interpretation, such as those who fight out of tribal partisanship and over pre-Islamic rallying cries, like Qays and Yaman and similar factions: both sides are wrongdoers. The Prophet, may Allah bless him and grant him peace, said: “When two Muslims meet with their swords, both the killer and the slain are in the Fire.” He was asked, “O Messenger of Allah, that is the killer—but what of the slain?” He replied, “He intended to kill his opponent.” It was related by both al-Bukhari and Muslim in their Sahih collections (3).

Each group is liable for whatever lives and property of the other side it destroys (4), even if it cannot be determined