Hadith 3946

(1) The statement: “No tanfil except after the fifth”: This indicates that he did not give Abu al-Juwayriyah extra from the dinars due to the Prophet’s (ﷺ) saying, which prohibited tanfil before the fifth. This suggests tanfil comes from the four-fifths for the fighters, as per the previous Hadith. The jar was likely considered fay’ (booty returned to the treasury), so no tanfil was given from it. As in (Al-Mirqat). In (Bidayat al-Mujtahid): Scholars agree the leader may give tanfil to whomever he wishes beyond their share. They differ on its source: some say from the fifth for the Muslim treasury (Malik’s view); others say from one-fifth of the fifth, the leader’s share (Shafi‘i’s choice); others say from the total spoils (Ahmad’s view). In (Fath al-Qadir): Per Hanafis, tanfil is from the four-fifths before securing in the land of Islam; after securing, it is only from the fifth. If fighting occurs in the land of Islam due to an enemy attack, tanfil is only from the fifth, as spoils are secured upon capture.