What is the ruling regarding the share of spoils for one who fights using a forcibly taken (ghasab) horse?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 3 · Bab 1

Open in Qurani

Primary text

One possible ruling is that the horse's share follows the fate of the fighter, treating the situation analogously to the fighter's own horse, because the horse is subsidiary to the fighter in matters of ruling. An alternative ruling states that the horse's share belongs entirely to its original owner. This is based on the rationale that the damage and injury are the responsibility of the rider, and since the horse belongs to another, its share should be reserved for the owner, just as if a slave fought on his master's horse.

Supporting text

The ruling mirrors the two possibilities discussed for the horse that was forcibly taken when a slave fights on his master's horse without permission, as the situation here is comparable to that of a usurped item.