only, should be considered as the more immediate gift of GOD,6 and therefore properly left to the disposition of his apostle. According to the Jews, the spoil ought to be divided into two equal parts, one to be shared among the captors, and the other to be taken by the prince,7 and by him employed for his own support and the use of the public. Moses, it is true, divided one-half of the plunder of the Midianites among those who went to battle, and the other half among all congregation:8 but this, they say, being a peculiar case, and done by the express order of GOD himself, must not be looked on as a precedent.9 It should seem, however, from the words of Joshua to the two tribes and a half, when he sent them home into Gilead after the conquest and division of the land of Canaan , that they were to divide the spoil of their enemies with their brethren, after their return:10 and the half which was in succeeding times taken by the king, was in all probability taken by him as head of the community, and representing the whole body. It is remarkable that the dispute among Mohammed's men about sharing the booty at Bedr,11 arose on the same occasion as did that among David's soldiers in relation to the spoils recovered from the Amalekites;1 those who had been in the action insisting that they who tarried by the stuff should have no part of the spoil; and that the same decision was given in both cases, which became a law for the future, to wit, that they should part alike. The fifth part directed by the Korân to be taken out of the spoil before it be divided among the captors, is declared to belong to GOD, and to the apostle and his kindred, and the orphans, and the poor, and the traveller:2 which words are variously understood. al Shâfeï was of opinion that the whole ought to be divided into five parts; the first, which he called GOD'S part, to go to the treasury, and be employed in building and repairing fortresses, bridges, and other public works, and in paying salaries to magistrates, civil officers, professors of learning, ministers of public worship, &c.: the second part to be distributed among the kindred of Mohammed, that is, the descendants of his grandfather Hâshem, and of his great-uncle al Motalleb,3 as well the rich as the poor, the children as the adult, the women as the men; observing only to give a female but half the share of a male: the third part to go to the orphans: the fourth part to the poor, who have not wherewithal to maintain themselves the year round, and are not able to get their livelihood: and the fifth part to travellers, who are in want on the road, notwithstanding they may be rich men in their own country.4 According to Malec Ebn Ans the whole is at the disposition of the Imâm or prince, who may distribute the same at his own discretion, where he sees most need.5 Abu'l Aliya wen according to the letter of the Korân, and declared his opinion to be that the whole should