then, if this is held to be permissible, whoever takes anything acquires ownership of it and must set aside its fifth. If, however, the ruler has not said this or granted them the spoils, but instead seeks something from them that is unanimously deemed impermissible—or if it is held that he must distribute them justly and may not authorize indiscriminate seizure—then the spoils are property jointly owned by those who captured them, and no one else has any entitlement to them. Whoever takes an amount corresponding to his rightful share may therefore do so.

If he is uncertain about this, he may either exercise caution and observe the recommended degree of scrupulousness, or act upon what he considers most likely. Allah does not burden any soul beyond its capacity.

The same applies to “sharecropping” in which the cultivator supplies the seed, which some people call mukhābara. The jurists have disagreed about it, but its permissibility is established by the authentic Sunnah of the Messenger of Allah, may Allah bless him and grant him peace. He engaged the people of Khaybar to cultivate the land at their own expense in return for half its yield of fruit and crops.

As for his prohibition of mukhābara, its meaning is explained in an authentic hadith: it refers to stipulating that the landowner receive the crops from a particular plot. Likewise, leasing land in return for a share of its yield was permitted by Abū Hanīfa, al-Shāfiʿī, and Ahmad according to the well-known report from him, but prohibited by Mālik and, according to another report, Ahmad. There are many similar examples. This, then, is clear.

The second principle:

If a Muslim enters into a transaction that he believes to be permissible and receives the proceeds, other Muslims may transact with him concerning such wealth, even if they do not consider that transaction permissible. For it is established that ʿUmar ibn al-Khattāb