Does a hired laborer serving during a military expedition receive a share of the spoils (Sihm)?
General Chapter
Al-Mughni
Book of Jihad
Primary text
There are two reported views from Ahmad regarding the hired laborer serving during a military expedition or one who rents out his mount and participates in the battle. One view states he receives no share. This position is held by Al-Awza'i and Ishaq, based on the narration of Ya'la ibn Munabbih.
Supporting text
The second view states that he receives a share if he witnesses the fighting alongside the people. This is the position of Malik and Ibn al-Mundhir. Al-Layth agrees that he receives a share if he fights, but not if he is occupied solely with service. Al-Qadi stated that he receives a share if he is with the Mujahideen and his intent was Jihad, but not otherwise. Al-Thawri stated he receives a share if he fights, and the one who hired him must cover the expenses he missed due to fighting.