or whose horse dies, is still allotted a share for himself and another two shares for the horse. The booty is to be divided while the army is still in enemy territory; those present have the strongest claim to whatever dispensations apply there, and that is the customary manner of apportionment.

If someone entrusts his horse to another—whether for a fee or gratis—and the rider feeds the animal and fights on it, the two equine shares belong to the rider, not to the owner. Should the owner stipulate that he receive one of the rider’s personal shares, that is an undefined wage; he is then entitled only to the customary remuneration. If, however, the wage was fixed in advance, the agreement is valid.

Any detachment that separates from the main army and secures booty must return it to be shared with the army. By contrast, if such a detachment set out from a town and then captured booty, it need not give the townspeople anything. Likewise, if the wind scatters Muslim vessels so that one of them gains spoils while separated from its companions, they all share in that booty according to Mālik.