Is a non-Muslim (Kafir) who fights alongside the Muslim army with the permission of the Imam entitled to a share of the spoils?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 3 · Bab 1

Open in Qurani

Primary text

There is disagreement on whether a non-Muslim fighting alongside the Imam with his permission receives a share. One established narration from Ahmad, supported by Al-Awza'i, Al-Zuhri, Al-Thawri, and Ishaq, holds that he receives a share like a Muslim. This is noted as the view of the people of the frontiers and those knowledgeable in military campaigns. The evidence supporting this view is the narration by Al-Zuhri that the Messenger of Allah, peace and blessings be upon him, sought assistance from a group of Jews in a battle and allotted shares to them, as recorded by Sa'id in his Sunan. Furthermore, it is narrated that Safwan ibn Umayyah accompanied the Prophet, peace and blessings be upon him, during the battle of Khaybar while still adhering to his disbelief, and the Prophet allotted him a share and gave him from the portion designated for those whose hearts are to be reconciled (Mualafati qulubuhum). The reasoning is that disbelief lessens religious standing but does not nullify the entitlement to a share, similar to transgression (fisq), thereby differentiating the non-Muslim from the slave whose deficiency lies in worldly and jurisprudential matters.

Supporting text

The opposing view, narrated from Ahmad and held by Malik, Al-Shafi'i, and Abu Hanifa, is that he is not allotted a share because he is not considered one of the people of Jihad, similar to a slave, though he may be given a consolatory portion (raskh) like a slave.