What is the ruling if the number of inseparable individuals exceeds the share of one captor, and there is an excess value?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 4 · Bab 1

Open in Qurani

Primary text

If there is an excess value among the inseparable individuals, it is permissible if the parties agree to return the value of the excess. If this agreement is not reached, the entire group must be sold, and the price divided, or they may be included in the one-fifth share (*al-khums*).