condition, and that is permissible. For he acquired ownership of the crop only through the grant, while the first holder passed on to his heirs whatever he had become entitled to before his death. As for the half-tithe mentioned, its basis has not been stated, so no ruling can be given on it.

The ruler’s allocation of land grants is comparable to his distribution of the Muslim treasury. The ruler’s distribution of public funds, such as fay’ revenues, is not like dividing property among specific co-owners. Property jointly owned by specific individuals, such as an inheritance, is divided among them category by category if it admits division. Otherwise, it is sold and its proceeds divided, according to most jurists, including Mālik, Ahmad and Abū Hanīfah.

The shares are balanced by quantity when the assets are homogeneous, as with goods measured by volume or weight. When they differ, as with portions of land, the shares are balanced by valuation. Countable assets, such as camels, cattle and sheep, may also be divided according to the correct view, with the shares equitably apportioned. As for houses that differ from one another, there is disagreement. Neither of the two co-owners may take a particular category exclusively for himself.

With fay’ revenues, however, the ruler may allocate one category to one group and another category to another. Indeed, according to the correct view, this also applies to spoils of war. If the ruler gives camels to one group and sheep to another, that is permissible.

May the ruler give some recipients of the spoils a larger share because of their greater contribution? Scholars hold two views, the sounder of which permits this. It is authentically reported of the Prophet, may Allah bless him and grant him peace, that “he awarded an additional quarter on the outward expedition, after the fifth had been set aside, and an additional third on the return expedition, after the fifth had been set aside.” It is also authentically reported that he awarded additional shares to Salamah ibn al-Akwa‘ and others.