One fifth
goes to the
ftate, and four
fifths to the
troops.
The fhare of
a horfeman is
twice that of
».foot foldier.
S E C T I O N .
O f the Manner o f the D i v i s i o n o f P l u n d e r .
In making a divifion of the 'plunder, the Imam mull let apart one-
fifth o f the whole, and diftribute the remaining four fifths among the
troops, as it was thus the prophet divided it.
T he fhare of a horfeman is double the fhare of a foot foldier, according
to Haneefa.— The two difciples fay that the fhare of a horfeman
is thrice that of a foot foldier, (and fuch alfo is the opinion of
Shafei, ) becaufe it is recorded by Abdoola Ibn Omar that the prophet
gave to the horfeman three '(hares* and to the foot foldier one fhare*
for this reafon, that the right to plunder is in proportion to. the duty
and the fatigue,— and the horfeman performs three feveral du tie s_
firfi, Kirr, or attack,— fecondly, Firr, or retreat, (made by way of
Hratagem, or with a view to return to the charge with increafed violence,)—
and thirdly, IJbdt, or Handing firm in one pla.ce,— whereas
the foot foldier performs only one duty, namely IJbdt or Handing in his
poH. The argument of Haneefa is that Abdoola Ibn Abbas relates that
the prophet gave to the horfeman two fhares, and to the foot foldier
one fhare; now this is irreconcileable with what is related by Abdoola
Ibn Omar, whence a contradiction appears between two adts of the
prophet; and fuch being the cafe, the faying of the prophet is adhered
to, “ to the horfeman belongs t w o fhares, and to the foot foldier
“ Jhare.”— Ibn Omar relates, moreover, that the prophet gave
three fhares to the horfeman, and one to the foot foldier; and alfo
in another plaete, that he gave to the horfeman two fhares, and to the
foot foldier. one fhare; and as thefe two accounts are contradictory, a
6 » preference
preference is given to the relation of another perfon, namely, Ibn
Abbas.— Befides, attacking and retreating are of the fame nature,
whence it appears that the horfeman performs no more than two
duties, and the foot foldier one duty; wherefore the fhare of the horfeman
is only twice as much as that of the foot foldier:— moreover, a
regard to the heavier duty of the horfeman is impracticable, as it is a
matter which cannot readily be afcertained; hence the rule,' with
refpedt to the fhares, muH turn upon the apparent ground of claim to
plunder; and on the part of the horfeman two grounds of claim appear,
namely, his perfon, and his horfe, whereas, on that of the foot
foldier one ground only appears, namely, his perfon ;— the horfeman,
therefore, is entitled to twice the fhare of the foot foldier.— It is proper
to obferve, however, that nothing more is to be allowed to ahorfeman
than the fhare on account of one horfe, although he have., along with
him two horfes, or more. Aboo Toofcf fays that if he ha we. two horfes,
or more, the fhares on account of two. horfes are to be allotted him,
becaufe it is related, that the prophet once allowed a horfeman fhares
for two horfes,— and alfo, becaufe one horfe is liable to be lick or
turn lame, whence there is a neceflity for another horfe.— T h e arguments
of Haneefa and Mohammed are twofold.— first, Birrayeen
Awoos)carried with him to the wars two horfes., and the prophet allowed
him only a Angle horfeman’s fhare:— secondly, one man cannot
fight upon two horfes at one time, wherefore two horfes cannot
beconfidered as. aHording two claims, whence it is that where a perfon
has three horfes, yet he is not entitled to a fhare for three.— With
refpedt to what is related by Aboo Yoofqf, it >is to be thusyexplained,
that the prophet beflowed the fhare for two horfes upon the horfeman
in the way of a gratuity,— in the fame manner as he onqg.allowed
Salima Bin Akooa two fhares, when he ferved as a foot foldier.— It is
alfo proper to remark that a Bir%oon * , an A ra b j, an Hoojeen\, and a
Mokarrif§, are all equally capable of giving a claim to plunder; be-
* A heavy d raft horfe. f A f i f l blood>- X A packhorfe. § A il h a lf blo$d» "
caufe
A horfeman
is not entitled
to any thing
additional
from having
more than one
horfe.
Horles of all
defcriptions
equally entitle
their
owners to