place upon the divifion of the plunder in the enemy’s country, where
t,he Imam diodes it at once without further trouble,— or do they not ?
According to Shafei, the effedtS; aforefatd take place immediately
upon the divifion; but in the opinion of our dodtors they do not take
place. and hence it follows that with Sbafei the plunder becomes the.
property of the troops before its being conveyed into tho MuJJulman
territory, fince the effedts of a right of property cannot exift without
the exiftence of the property i t f e l f b u t with our dodtors the plunder
does not become .the property of the troops until, it be brought into
the Mujfulman territory, .fince if it were their property, the efteas of
a right of property would take place upon the diftribution of it in
the enemy’s country.
The warrior
and the auxiliary
have an
equal right in
the plunder;
and alfo the
tick ;
In Glaring the plunder, the warrior and the auxiliary (bein°-
prefent with the army,) have an equal daim; becaufe the-foundation
of a right to plunder, according to our dodtors, is the “ going
“ Paf i the boundary o f the Mujfulman territory with an intention
“ t0fig h t? whereas, in the opinion of Shafei, aElualprefence, (that
is, being prrfent at the place where war is carried on ,')is the caufe- of
the right, and the warrior and his ahihaiit are equal with refpedt to
the caufe of the right; and fuch being the cafe, they are equal in
fharmg the plunder. In the fame manner, a perfon who has retired*
from the fervice by the admiffion of an exeufe, (fuch as ficknefs, for
inflanee,) is on an- equal footing with him who adtually fights, becaufe
he alfo is, in point of right, upon an equal footing with him-
who is actually engaged.
»nd fo, like- r • r . . ■ , . ,
wife, any re- y . reinforcements join the army in the enemy s country, before the
whiJhjohi'* P^unc^er is conveyed into the Mujfulman territory, they are entitled to
foreat“ plun‘- a fuI1 of the booty., Shafei fays that i f they join the army
deriscarried when the fighting is finifhed, they are not entitled to fhare with the
warriors, becaufe, in his opinion, the plunder becomes the property
o f
of the troops on the inftant of its feizure, wherefore no perfon is
afterwards entitled to fhare with them in it.— According to our
dodtors, on the contrary, the plunder is rendered the property of the
Mufiulmans, only by the eircumftaiKe of conveying it into the Muffulman
territory, or the diftribution of if in the enemy’s country, or
the fale of it there, (for by any of thefe the right of the troops, is-
eftablifhed;) here, therefore, no other'perfon is. entitled to fhare with
the troops, whereas, any perfon -who joined them previous to the
divifion, &c. would have a claim to fhare with themin
the plunder,
unlefs.
they üghu
T he followers o f the army have no right in the plunder, unlefi
they adtually engage in fight with the infidels.. According to one
-opinion of Shafei, they are entitled to a fhare in- the plunder, in conformity
with a faying of the prophet, “ 'The plunder belongs to thofe
“ who are actuallyprefent ?-r-^i\& alfo, becaufe the followers are
likewife engaged in effefi, as they increafe the general ftreng.th of the
army. The argument of our dodtors is that thofe do not go-into
the enemy’s country, or pafs the Mujfulman borders, with any dejign
of fighting; and this is the apparent caufe of a right in the plunder;
and as the apparent caufe does not exift, regard is had to the actual
caufe, namely, engaging in fight. If, therefore, they fight, their
right is eftablifhed in proportion to their ftations;— that, is, if they
fight on horfeback, they are entitled to a horieman’s.vfhare, or if on
foot, to a foot-foldier’sdfhare. With refpedt' to the tradition, cited
by Shafei, it means that “ the plunder belongs to thofe who are
“ adtually prefent with an intention o f fighting?
If the Imâm be not pofleffedof carriages fufficient for the convey- In dfefeaof
ance of the plunder into the Mujfulman territory, he mull diftribute plunder mnft
it among the troops, committing to each perfon his .refpedtive fhare,
in the manner of a depofit, until they bring it into the Mujfulman. u-00ps.
territory, when he muft take it back from them, and again make a
régulât