[Section: The Rāfidī’s Claim That Umar Favored Some over Others in the Distribution of Spoils and Stipends]

Section (1)

The Rāfidī (2) said:

“He used to favor some over others in the distribution of spoils and stipends, whereas Allah—Most High—made (3) equal distribution obligatory.”

The response is as follows:

As for the spoils, Umar did not distribute them himself. Rather, the victorious army distributed them after setting aside the one-fifth share. That one-fifth was sent to him, just as it was sent to others, and he distributed it among those entitled to it.

Neither Umar nor anyone else said that some recipients must be favored over others in the distribution of spoils. The scholars did, however, disagree over whether the ruler may grant some of the victorious combatants more than others when their greater contribution becomes evident (4) to him.

The scholars hold two positions on this question, corresponding to two reports from Ahmad. The first (5) is that this is permissible, which is also the position of Abu Hanifa, “because the Prophet—may Allah’s blessings and peace be upon him—awarded an additional quarter at the outset, after the one-fifth had been set aside, and an additional third on the return, after the one-fifth had been set aside.” This was related by Abu Dawud and others (6).

This constitutes favoring some of the victorious combatants with a share drawn from the four-fifths; another reason is that in