except through the weak among you?’”

War booty continued to be divided among those who took part in the campaigns under the Umayyad and Abbasid dynasties, when the Muslims fought the Byzantines, Turks, and Berbers.

However, the ruler may grant an additional share to those who distinguish themselves by inflicting greater harm upon the enemy: for example, a detachment sent out from the army, a man who scales a high fortress and captures it, or someone who charges the enemy commander and kills him, thereby routing the enemy, and similar cases. The Prophet, may Allah bless him and grant him peace, and his caliphs used to grant additional shares for such deeds. He would award a detachment one-quarter after the fifth had been deducted on the outward journey, and one-third after the fifth had been deducted on the return journey.

Regarding this additional award, scholars have said that it is taken from the fifth. Some have said that it is taken from one-fifth of the fifth, so that none of those entitled to the booty receives preferential treatment over the others. The correct view, however, is that it may be taken from the remaining four-fifths, even though this entails favouring some over others, provided this serves a religious interest rather than personal inclination, as the Messenger of Allah, may Allah bless him and grant him peace, did on more than one occasion.

This is the position of the jurists of Syria, Abū Hanīfa, Ahmad, and others. On this basis, one view holds that the ruler may award a quarter or a third with or without a prior stipulation, but may award more than that only through a prior stipulation—for example, by saying, “Whoever directs me to a fortress shall receive such-and-such,” or, “Whoever brings me a head shall receive such-and-such,” and similar statements.

Another view holds that he may not award more than a third, nor make an additional award except through a prior stipulation. These are two positions reported from Ahmad and others. Likewise—according to the correct view—