What is the entitlement to a share of the spoils for a hired fighter if the contract for payment is upheld?
General Chapter
Al-Mughni
Book of Jihad
Primary text
If the hiring is deemed valid, the apparent position from Ahmad and Al-Khiraqi is that the hired fighter does not receive a share because his fighting was conducted in exchange for compensation, rendering it as if the fighting was done by another party. This is supported by the narration of Ya'la ibn Munabbih, where the Prophet, peace be upon him, decreed that the hired individual would only receive the agreed-upon monetary sum and nothing from the spoils.
Supporting text
There is an opposing view held by a group of scholars narrated from Ahmad, and adopted by Al-Khallal, that the hired person receives a share if he fights. This is supported by narrations from Abdullah ibn Amr and Jubayr ibn Nufayr, and the statement of Umar that the spoils belong to those who witnessed the battle. They argue that since the hired person is present for the battle and is one of the combatants, he should receive a share like any other fighter.