his fingers.” (1)

The scholars differed as to whether the share of the near relatives remains in effect today. Most of them held that it does remain in effect; this was the view of Malik and al-Shafi‘i.

The proponents of legal reasoning held that it no longer remains in effect. They said: “The share of the Messenger of Allah and the share of the near relatives are returned to the fifth, and one-fifth of the spoils is for three categories: orphans, the poor, and the wayfarer.”

Some of them said: “It is given only to the poor among them, and not to the wealthy.”

The Book and the sunnah indicate that it remains in effect, and the caliphs after the Messenger of Allah, peace and blessings be upon him, used to give it. Nor is a poor person given preference over a wealthy one, for the Prophet, peace and blessings be upon him, and the caliphs after him used to give a share to al-‘Abbas ibn ‘Abd al-Muttalib despite his great wealth. Al-Shafi‘i therefore likened it to inheritance, which is due by virtue of kinship, except that in this case both the close and the more distant relative receive a share. He said: “A male is given preference over a female: a man receives two shares, while a woman receives one share.”

His statement, “and the orphans,” is the plural of orphan. The orphan entitled to a share of the fifth is a poor Muslim minor who has no father. “And the poor” are the Muslims who suffer from poverty and need. “And the wayfarer” is the traveler separated from his wealth. This, then, is how one-fifth of the spoils is to be spent. The remaining four-fifths of the spoils are divided among those who won them and took part in the battle: the horseman receives three shares, while the foot soldier receives one share, on account of the following report:

Abu Salih Ahmad ibn ‘Abd al-Malik al-Mu’adhdhin informed us; ‘Abdullah ibn Yusuf informed us; Abu Sa‘id ibn al-A‘rabi informed us; Sa‘dan ibn Nasr narrated to us; Abu Mu‘awiyah narrated to us, from ‘Ubaydullah, from ‘Umar, from Nafi‘, from Ibn ‘Umar, that the Messenger of Allah, peace and blessings be upon him, assigned three shares to a man and his horse: one share for him and two shares for his horse.” (2)

This is the view of most scholars, and it was held by al-Thawri, al-Awza‘i, Malik, Ibn al-Mubarak, al-Shafi‘i, Ahmad, and Ishaq.

Abu Hanifah, may Allah have mercy on him, said: “The horseman receives two shares, while the foot soldier receives one share.”