What is the ruling regarding payment and share of spoils for individuals hired to participate in military expeditions against the enemy?
General Chapter
Al-Mughni
Book of Jihad
Primary text
Those hired for military service are to be paid the wages they were contracted for, but they are not to be allocated a share (sahm) from the spoils of war. This view is narrated from Imam Ahmad in some traditions. This specific ruling applies to those upon whom Jihad is not obligatory to perform in person, such as slaves or non-believers. The evidence cited for withholding the share is derived from a narration where Imam Ahmad stated that when the Imam hires people to enter the lands of the enemy, they do not receive a share but are paid their agreed-upon wages.
Supporting text
There is an alternative view, which adheres to the apparent meaning of the statements of Ahmad and Al-Khiraqi, suggesting that hiring someone for an expedition is valid if the Jihad has not become individually obligatory upon them. Evidence for this includes the Hadith stating, 'The fighter has his wage, and the one who employs has his wage,' and another Hadith comparing those who fight for a wage to the mother of Moses who was paid to nurse her child. Furthermore, since warfare is not an act of worship restricted to specific individuals, hiring for it is valid, unlike the Hajj obligation.