Is a merchant or artisan entitled to a share (*hissah*) of the spoils of war (ghanimah) if present at the engagement?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 1 · Bab 1

Open in Qurani

Primary text

A merchant or artisan, such as a tailor, baker, farrier, blacksmith, or cobbler, is entitled to a share of the spoils if they are present during the engagement. Ahmad holds this view, and it is the opinion of the Shafi'i school that they receive a share whether they actively fight or not. This opinion is also held by Al-Hasan, Ibn Sirin, Al-Thawri, Al-Awza'i, and Al-Shafi'i. Furthermore, a merchant or hired laborer whose primary intent is participation in Jihad, even if they carry goods to sell or are laborers, shall receive a share if they are prepared to fight and utilize their weapons when required. They are considered combatants (*ghaziyan*) in such a scenario.

Supporting text

Malik and Abu Hanifa hold that they do not receive a share unless they actively fight. A narration from Al-Shafi'i supports the view that they receive a share, while another narration attributes to him the view that they are never given a share under any circumstances.