of Ahmad’s followers, who also transmitted this as a position reported from him. Ibn al-Mundhir said: “No one before al-Shāfi‘ī is known to have held that a fifth must be set aside from fay’ as it is from war booty.”

According to most scholars, this fay’ was not the personal property of the Prophet, may Allah bless him and grant him peace, during his lifetime. Al-Shāfi‘ī and some of Ahmad’s followers, however, held that it was his property.

As for its allocation after his death, the scholars agreed that it should fund the stipends of soldiers who fight the unbelievers, since strengthening them subdues the unbelievers, from whom fay’ is then obtained. They disagreed over whether it may also be spent on other Muslim public interests or is reserved exclusively for the fighting men. There are two positions reported from al-Shāfi‘ī and two views within Imam Ahmad’s school. The well-known position in Ahmad’s school, which is also the position of Abū Hanīfa and Mālik, is that it is not reserved exclusively for the fighting men, but may be spent on all public interests.

Under either position, anyone whose service benefits those entitled to fay’ collectively is to receive from it. Al-Shāfi‘ī said: “The imam should single out the fighting men in the towns—that is, those who have reached puberty—and enumerate the children, meaning those below that age, and the women.” Later he said: “Then, each year, he should give the fighting men their stipends and give the children and women enough to meet their needs for that year.”

He said: “A stipend from fay’ is only for someone who has reached puberty and is capable of fighting.” He also stated that none of those he had met disputed that slaves have no entitlement to these stipends, nor do the Bedouins who are recipients of zakat.

He said: “If any fay’ remains, the imam should allocate it to those stationed in fortresses, to acquiring more horses and weapons, and to everything that