the ruler may say, “Whatever anyone takes is his,” as the Prophet, may Allah bless him and grant him peace, is reported to have said during the Battle of Badr, if he considers the benefit of doing so to outweigh the harm.

If the ruler collects and distributes the spoils, no one may misappropriate anything from them:

“Whoever misappropriates anything will bring what he misappropriated on the Day of Resurrection.”

Misappropriation is a betrayal of trust. Nor is plundering permissible, for the Prophet, may Allah bless him and grant him peace, forbade it.

If the ruler forgoes collecting and distributing the spoils and gives lawful permission to take from them, whatever anyone takes without transgression becomes lawful for him once its fifth has been deducted. Anything that indicates permission constitutes permission.

If, however, the ruler gives no permission, or gives permission that is not lawful, a person may take the equivalent of what he would receive through distribution, taking care to act justly. Whoever forbids Muslims to collect the spoils under these circumstances, yet allows the ruler to do whatever he wishes with them, has adopted two positions at opposite extremes. Allah’s religion follows a middle course.

A just distribution is to allot one share to a foot soldier and three shares to a mounted fighter with an Arabian horse: one for the fighter and two for his horse. This is how the Prophet, may Allah bless him and grant him peace, distributed the spoils at Khaybar.

Some jurists hold that a mounted fighter receives two shares. The former view, however, is supported by the authentic Sunnah, and also by the fact that a horse requires upkeep for itself and its groom—and a mounted fighter with his horse is of greater benefit than two foot soldiers.

Some of them hold that Arabian and mixed-breed horses are to be treated equally