those who have grown up following the school of a particular imam, sought a ruling from a particular jurist, or heard an account related from certain shaykhs, and then wish to make all Muslims follow that view. This is a mistake, and there are comparable examples.

One is the question of war booty. The Sunnah is for it to be collected, a fifth set aside, and the remainder distributed equitably among the combatants. May the ruler grant extra allotments from its four-fifths? There are two opinions on this.

The jurists of the frontier regions, Abū Hanīfa, Ahmad, and the scholars of hadith hold that this is permissible, on the basis of the report in the Sunan collections:

“The Prophet, may Allah bless him and grant him peace, awarded a quarter as extra allotments on the outward journey, after setting aside the fifth, and a third on the return journey, after setting aside the fifth.”

Saʿīd ibn al-Musayyib, Mālik, and al-Shāfiʿī held that this was not permissible. Rather, Mālik permitted extra allotments from the fifth, while al-Shāfiʿī permitted them only from one-fifth of that fifth. Ahmad used to marvel that this Sunnah had not reached Saʿīd ibn al-Musayyib and Mālik despite their extensive knowledge.

It is authentically reported in the two Sahīh collections that Ibn ʿUmar said:

“The Messenger of Allah, may Allah bless him and grant him peace, sent us on an expedition towards Najd. Our shares amounted to twelve camels each, and he awarded each of us one additional camel.”

It is clear that, if each share was twelve camels, one-fifth of the fifth would not suffice to provide an additional camel for each person. That would only be possible if each share was twenty-four camels.

Likewise, if the ruler grants some combatants more than others for an overriding benefit, just as the Prophet, may Allah bless him and grant him peace, gave