Distribution share entitlement for a warrior who dies or is killed?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 11 · Bab 1

Open in Qurani

Primary text

If the warrior dies or is killed before the spoils are secured (ihyazat al-ghanimah), he has no share because he died before the Muslim ownership was established over them, whether he died during fighting or before. If he dies after securing the spoils, his share goes to his heirs.

Supporting text

Abu Hanifa states that if he dies before securing the spoils in the abode of Islam or before the division in the abode of war, he receives nothing. Al-Awza'i states he receives a share if he died after setting out for God's cause, before or after. Al-Shafi'i and Abu Thawr state he receives a share if he attended the fighting, regardless of whether he died before or after securing the spoils, but no share if he did not attend. Malik and Al-Layth hold a similar view to Al-Shafi'i.