Do combatants who remain in the main army share in the spoils taken by a detached raiding party (sariyya)?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 6 · Bab 1

Open in Qurani

Primary text

If an army sets out for war (ghazw) and a detachment (sariyya) or more detaches from it, whatever the detachment seizes is shared with the rest of the main army. This is the opinion of the majority of scholars, including Malik, Al-Thawri, Al-Awza'i, Al-Layth, Hammad, Al-Shafi'i, Ishaq, Abu Thawr, and the Companions of Opinion (Ahl al-Ra'y). Evidence supporting this is found in the Prophet's action after the conquest of Hawazin, where he shared the spoils taken by a detachment sent to Owtas with the main army. Furthermore, the Prophet's setting aside a quarter (rub') in the initial distribution and a third (thuluth) upon return implies shared entitlement in the remainder, as they are one army, each supporting the other.

Supporting text

Al-Nakha'i held that the Imam may either take one-fifth of what the detachment seizes or give the entire amount as a gratuitous gift (nafl) to them.