To whom does the share ('sihm') of a horse taken through usurpation ('ghasb') belong if the usurper fights with it in battle?
General Chapter
Al-Mughni
Book of Jihad
Primary text
The share allocated to the horse belongs to the owner of the horse, which Ahmad explicitly stated. The basis for this ruling is that the horse participated in battle, entitling it to a share, just as if it had been with its owner. Furthermore, the Prophet (peace be upon him) assigned two shares to the horse and one share to its owner. Since the horse's share is due to its utility, and that utility belongs to the owner, the share must belong to the owner. This is further supported by the fact that the share is earned through the benefit of the horse, and the benefit accrues to the owner.
Supporting text
Some Hanafi scholars and one view among the Shafi'is hold that the horse does not receive a share. Another opinion suggests the share belongs to the usurper, who must then pay the owner the compensation ('ujra') for the horse's use, analogizing it to a tool like a sickle used for harvesting or a sword used in combat, where the yield belongs entirely to the user.