Entitlement to a share of spoils (sahm) based on status during the moment of acquisition (ihraz)?
General Chapter
Al-Mughni
Book of Jihad
Primary text
The determining factor for the entitlement to a share of spoils is the condition at the moment the spoils are secured (ihraz). If the spoils are secured while the person is an infantryman (rajil), he receives the share of an infantryman; if while he is a cavalryman (faris), he receives the share of a cavalryman, regardless of how he entered the enemy territory. Ahmad held that anyone who witnesses the battle, in whatever capacity, receives the corresponding share (cavalry or infantry), citing Umar's statement: 'The spoils belong to whosoever witnesses the battle.' Al-Awza'i, Al-Shafi'i, Ishaq, and Abu Thawr hold this view, similar to Ibn Umar.
Supporting text
Abu Hanifa considers the status at entry into the enemy territory as the determining factor: if he entered as a cavalryman, he gets the cavalry share even if his horse perishes before fighting, and if he entered as an infantryman, he gets the infantry share even if he acquires a horse later and fights with it. Another narration from him aligns with the primary view.