Is the war horse acquired during a raid (ghazw) given to the borrower (musta'ir) or the owner if the horse was borrowed specifically for that raid?
General Chapter
Al-Mughni
Book of Jihad
Primary text
The share of the war horse taken as spoils belongs to the borrower (musta'ir). This position is held by Al-Shafi'i. The reasoning is that the borrower possessed the means to engage in the raid via valid religious permission, thus analogizing the situation to one where the horse was rented (musta'jir). The share of the spoils is deemed due because a fighter (who deserves a share) used the horse, and the borrower is the owner of the benefit derived from it, similar to a lessee. The share of the horse is established through its benefit, which the borrower possessed with the owner's permission.
Supporting text
There is an opposing narration from Ahmad stating that the horse's share belongs to its owner, as it is considered an increase or growth (namaa'), similar to the owner's child. Furthermore, some Hanafis hold that the horse receives no share because its owner did not perform the raiding actions necessary to earn a share, thus excluding the horse, similar to the case of a disheartener (mukhkhil) or a spreader of panic (murjif). This opposing view is countered by noting the distinction from growth and offspring, as the borrower was not given permission regarding those aspects.