Do slaves have a right to the distribution of spoils of war (fay')?
General Chapter
Al-Mughni
Book of Deposits
Primary text
There is no known disagreement among the scholars today that slaves have no right to the fay'. The apparent meaning of the statements of Ahmad and Al-Khiraqi indicates that all other people, rich or poor, have a right to the fay'. Umar (may Allah be pleased with him) stated that every Muslim has a share in this wealth except for the slaves.
Supporting text
One opinion suggests that the people of fay' are those engaged in Jihad: those stationed at the frontiers, the soldiers of the Muslims, and those who manage their affairs, as this was the prerogative of the Prophet (peace be upon him) during his life for securing victory and benefit. Another view suggests that the right applies to all Muslims in that the benefits derived from the fay', such as the use of bridges and roads built with it, accrue to them, though the soldiers are prioritized as they are the caretakers of the Muslims.